Title XXVI, TRADE AND COMMERCE
15 chapters · 912 sections in this title.
§ 402.130 RSMo Definitions
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402.130. Definitions. — As used in sections 402.130 to 402.148, the following terms shall mean: (1) "Charitable purpose", the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the ac…
§ 402.132 RSMo Charitable purposes of the institution and fund to be considered — good faith required — authority of the institution
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402.132. Charitable purposes of the institution and fund to be considered — good faith required — authority of the institution. — 1. Subject to the intent of a donor expressed in a gift, an institution, in managing and investing an institutional fund, shall consider the charitabl…
§ 402.134 RSMo Appropriation for expenditure or accumulation of endowment fund, amount permitted — factors to consider
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402.134. Appropriation for expenditure or accumulation of endowment fund, amount permitted — factors to consider. — 1. Subject to the intent of the donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as…
§ 402.136 RSMo Delegation of management and investment, when — requirements of the institution
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402.136. Delegation of management and investment, when — requirements of the institution. — 1. Subject to any specific limitation set forth in a gift instrument or law not within sections 402.130 to 402.148, an institution may delegate to an external agent the management and inve…
§ 402.138 RSMo Release or modification of restrictions permitted, when
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402.138. Release or modification of restrictions permitted, when. — 1. If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A …
§ 402.140 RSMo Applicability
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402.140. Applicability. — Sections 402.130 to 402.148 shall apply to institutional funds existing on or established after August 28, 2009. -------- (L. 2009 H.B. 239)
§ 402.142 RSMo Federal acts, effect of
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402.142. Federal acts, effect of. — As authorized in 15 U.S.C. 7002, as amended, sections 402.130 to 402.148 modify, limit, or supersede* the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede…
§ 402.144 RSMo Compliance, determined when
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402.144. Compliance, determined when. — Compliance with sections 402.130 to 402.148 is determined in light of the facts and circumstances existing at the time a decision is made or action is taken and not by hindsight. -------- (L. 2009 H.B. 239)
§ 402.146 RSMo Uniformity of law to be considered in application of law
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402.146. Uniformity of law to be considered in application of law. — In applying and construing sections 402.130 to 402.148, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 200…
§ 402.148 RSMo Governing boards and directors, law not to amend duties and liabilities of
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402.148. Governing boards and directors, law not to amend duties and liabilities of. — Nothing in sections 402.130 to 402.148 shall act to amend the status of governing boards or the duties and liabilities of directors under other applicable law. -------- (L. 2009 H.B. 239)
§ 402.199 RSMo Declaration of policy — contributions to Missouri family trust not to adversely impact other benefits of beneficiaries
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402.199. Declaration of policy — contributions to Missouri family trust not to adversely impact other benefits of beneficiaries. — 1. The general assembly hereby finds and declares the following: (1) It is an essential function of state government to provide basic support and ser…
§ 402.200 RSMo Definitions
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402.200. Definitions. — As used in sections 402.199 to 402.208, the following terms mean: (1) "Beneficiary", also referred to as "life beneficiary", a person who: (a) Has been determined to have a disability or to be a disabled person; (b) Is a resident of Missouri or one of the …
§ 402.201 RSMo Board of trustees created, members, expenses — accounting of funds required — assets not state moneys — immunity from liability, when
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402.201. Board of trustees created, members, expenses — accounting of funds required — assets not state moneys — immunity from liability, when. — 1. There is hereby created the "Missouri Family Trust Board of Trustees", which shall be a body corporate and an instrumentality of th…
§ 402.202 RSMo Trust accounts, restricted trust accounts, charitable trust — administered as Missouri family trust — pooling permitted — additional board powers
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402.202. Trust accounts, restricted trust accounts, charitable trust — administered as Missouri family trust — pooling permitted — additional board powers. — 1. Trust accounts, restricted trust accounts, and the charitable trust shall be held and administered in trust as the Miss…
§ 402.203 RSMo Contribution of assets, by whom — trust account to be created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution
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402.203. Contribution of assets, by whom — trust account to be created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution. — 1. A beneficiary who is a person with disabilities as defined in Section 1614(a)(…
§ 402.204 RSMo Settlor may contribute assets — trust account created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution
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402.204. Settlor may contribute assets — trust account created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution. — 1. Any person, as settlor, except a beneficiary or a beneficiary's spouse, may contribute…
§ 402.205 RSMo Withdrawal from trust account, when — revocation or termination of trust, when, distribution — trust principal and income held for benefit of beneficiary
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402.205. Withdrawal from trust account, when — revocation or termination of trust, when, distribution — trust principal and income held for benefit of beneficiary. — 1. The settlor of a revocable third party trust account or the cotrustee of a revocable third party trust account …
§ 402.206 RSMo First and third party trusts, account held and administered, how
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402.206. First and third party trusts, account held and administered, how. — Each first party trust account and third party trust account shall be held and administered in trust as follows: (1) The board of trustees shall hold, administer, and distribute the principal and income …
§ 402.207 RSMo Charitable trust established, when
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402.207. Charitable trust established, when. — 1. The board of trustees shall establish a charitable trust for the benefit of individuals with disabilities. 2. The board of trustees shall accept contributions to the charitable trust at the termination of trust accounts and other …
§ 402.208 RSMo Fees authorized — periodic reports — no property interest in trust account, when
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402.208. Fees authorized — periodic reports — no property interest in trust account, when. — 1. The board may establish and collect fees for administering trust accounts established pursuant to the provisions of sections 402.199 to 402.220*. 2. The board shall establish policies …