Title XXVI — TRADE AND COMMERCE
15 chapters · 936 sections in this title.
§ 404.705 RSMo Durable power of attorney, procedure to create, requirements, effect,
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404.705. Durable power of attorney, procedure to create, requirements, effect, recording not required, exception — person appointed has no duty to exercise authority conferred, exception. — 1. The authority granted by a principal to an attorney in fact in a written power of attor…
§ 404.707 RSMo Principal may appoint multiple attorneys in fact — authority may be joint
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404.707. Principal may appoint multiple attorneys in fact — authority may be joint or several — qualifications — persons disqualified. — 1. A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two…
§ 404.710 RSMo Power of attorney with general powers
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404.710. Power of attorney with general powers. — 1. A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more expr…
§ 404.712 RSMo Name in which acts are performed and property held — property and accounts
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404.712. Name in which acts are performed and property held — property and accounts of principal to be kept separate — how identified. — 1. An attorney in fact acting for the principal under a power of attorney shall clearly indicate his capacity and shall keep the principal's pr…
§ 404.714 RSMo Duties of attorney in fact
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404.714. Duties of attorney in fact. — 1. An attorney in fact who elects to act under a power of attorney is under a duty to act in the interest of the principal and to avoid conflicts of interest that impair the ability of the attorney in fact so to act. A person who is appointe…
§ 404.717 RSMo Modification and termination of power of attorney — liability between
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404.717. Modification and termination of power of attorney — liability between principal and attorney in fact. — 1. As between the principal and attorney in fact or successor attorney in fact, and any agents appointed by either of them, unless the power of attorney is coupled wit…
§ 404.719 RSMo Exemption of third persons from liability
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404.719. Exemption of third persons from liability. — 1. A third person, who is acting in good faith, without liability to the principal or the principal's successors in interest, may rely and act on any power of attorney executed by the principal; and, with respect to the subjec…
§ 404.721 RSMo Liability as between principal and third person
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404.721. Liability as between principal and third person. — 1. As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquir…
§ 404.723 RSMo Delegation of powers, successor attorneys in fact — court's powers,
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404.723. Delegation of powers, successor attorneys in fact — court's powers, appointments for incapacitated or disabled persons. — 1. An attorney in fact or successor from time to time may revocably delegate any or all of the powers granted in a durable power of attorney to one o…
§ 404.725 RSMo Compensation of attorney in fact
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404.725. Compensation of attorney in fact. — Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expen…
§ 404.727 RSMo Accounting, determination of disability, modification and termination,
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404.727. Accounting, determination of disability, modification and termination, limitation or removal of attorney in fact and limitations for principal to bring actions. — 1. The principal may petition the court for an accounting by the principal's attorney in fact or the legal r…
§ 404.730 RSMo Scope and application of law — application of law to nondurable powers of
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404.730. Scope and application of law — application of law to nondurable powers of attorney. — 1. Sections 404.700 to 404.735 apply to the acts and transactions in this state of attorneys in fact under powers of attorney executed in this state or by residents of this state; and a…
§ 404.731 RSMo Jurisdiction of probate division of circuit court — guardian or conservator
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404.731. Jurisdiction of probate division of circuit court — guardian or conservator ad litem appointed, when. — 1. The probate division of the circuit court may hear and determine all matters pertaining to acts and transactions of an attorney in fact performed or undertaken unde…
§ 404.735 RSMo Repeal of sections 486.550 to 486.595 does not affect validity of existing
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404.735. Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney. — 1. The repeal of the Missouri durable power of attorney law, sections 486.550 to 486.595, shall not affect the validity of durable powers of attorney created under th…
§ 404.737 RSMo Exceptions to amendments of durable power of attorney law enacted in 1997
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404.737. Exceptions to amendments of durable power of attorney law enacted in 1997. — The amendments to the durable power of attorney law of Missouri enacted in 1997 are effective August 28, 1997, and shall apply, except that, as to powers of attorney executed prior to January 1,…
§ 404.800 RSMo Short title
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404.800. Short title. — Sections 404.800 to 404.865 may be cited as the "Durable Power of Attorney for Health Care Act". -------- (L. 1991 S.B. 148)
§ 404.805 RSMo Definitions
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404.805. Definitions. — 1. As used in sections 404.800 to 404.865, the following terms mean: (1) "Certification", a written instrument or a written entry in a medical record; (2) "Incapacitated", a person who is unable by reason of any physical or mental condition to receive and …
§ 404.810 RSMo Applicability of general law
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404.810. Applicability of general law. — Section 404.710, section 404.714, section 404.705, subsections 1 and 2 of section 404.707, section 404.717, subsection 1 and 2 of section 404.723, section 404.727, and section 404.731 shall apply to powers granted under sections 404.800 to…
§ 404.815 RSMo Physician, health care facility, not to serve as attorney in fact — exceptions
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404.815. Physician, health care facility, not to serve as attorney in fact — exceptions. — Notwithstanding any other provision of law to the contrary, an attending physician or an employee of the attending physician, or an owner, operator or employee of a health care facility in …
§ 404.820 RSMo Withdrawing or withholding treatment, specific authority required —
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404.820. Withdrawing or withholding treatment, specific authority required — restrictions. — 1. If a patient wishes to confer on an attorney in fact the authority to direct a health care provider to withhold or withdraw artificially supplied nutrition and hydration, the patient s…
§ 404.822 RSMo Health care decisions, attorney in fact to consider medical diagnosis
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404.822. Health care decisions, attorney in fact to consider medical diagnosis. — In making any health care decision in accordance with sections 404.800 to 404.865, the attorney in fact shall seek and consider information concerning the patient's medical diagnosis, the patient's …
§ 404.825 RSMo Examination of patient required, content
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404.825. Examination of patient required, content. — Unless the patient expressly authorizes otherwise in the power of attorney, the powers and duties of the attorney in fact to make health care decisions shall commence upon a certification by two licensed physicians based upon a…
§ 404.830 RSMo Physician, health care facility, may refuse decision of attorney in fact,
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404.830. Physician, health care facility, may refuse decision of attorney in fact, when — transfer from facility allowed. — 1. No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be required to honor a health care …
§ 404.835 RSMo Execution of durable power of attorney not to be required
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404.835. Execution of durable power of attorney not to be required. — 1. It shall be unlawful for a physician, nurse or other individual who is a health care provider or an employee of a health care facility, hospital, nursing facility, residential care facility or other health c…
§ 404.840 RSMo Medical records to include durable power of attorney, when — effect
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404.840. Medical records to include durable power of attorney, when — effect. — 1. A copy of a power of attorney for health care decisions shall be made a part of the patient's medical record when the existence of the power of attorney becomes known to the patient's health care p…
§ 404.845 RSMo Death resulting from withholding treatment, not to be suicide or homicide,
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404.845. Death resulting from withholding treatment, not to be suicide or homicide, when. — 1. Nothing contained in sections 404.800 to 404.865 shall revoke, amend or limit the operation of chapter 565. 2. If the patient's death results from withholding or withdrawing life-sustai…
§ 404.847 RSMo Prior durable power of attorney remains valid, when
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404.847. Prior durable power of attorney remains valid, when. — Nothing contained in sections 404.800 to 404.865 shall be construed to invalidate any durable power of attorney executed prior to August 28, 1991, which permits an attorney in fact to make health care decisions for t…
§ 404.850 RSMo Revocation, procedure, effect
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404.850. Revocation, procedure, effect. — 1. A power of attorney for health care may be revoked at any time and in any manner by which the patient is able to communicate the intent to revoke. Revocation shall be effective upon communication of such revocation by the patient to th…
§ 404.855 RSMo Liability, immunity from, when
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404.855. Liability, immunity from, when. — A third person, if acting in good faith, may rely and act on the instruction of and deal with the attorney in fact acting pursuant to the authority granted in a power of attorney for health care without liability to the patient or the pa…
§ 404.865 RSMo Delegation of decision-making authority by attorney in fact prohibited, when
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404.865. Delegation of decision-making authority by attorney in fact prohibited, when. — Notwithstanding the provisions of subsection 1 of section 404.723, an attorney in fact shall not be authorized to delegate such health care decision-making power to another person unless expl…
§ 404.870 RSMo Handicapped or disabled, discrimination against not allowed
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404.870. Handicapped or disabled, discrimination against not allowed. — Nothing in sections 404.710 to 404.865 shall be construed to authorize, approve or condone discrimination against the handicapped or the disabled in the exercise of the authority of a durable power of attorne…
§ 404.872 RSMo Refusal to honor health care decision, discrimination prohibited, when
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404.872. Refusal to honor health care decision, discrimination prohibited, when. — No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be discharged or otherwise discriminated against in his employment or employmen…
§ 407.005 RSMo Digital electronic equipment definition
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407.005. Digital electronic equipment definition. — As used in this chapter, unless the context clearly requires otherwise, the term "digital electronic equipment" shall mean any product that depends for its functioning, in whole or in part, on digital electronics embedded in or …
§ 407.010 RSMo Definitions
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407.010. Definitions. — As used in sections 407.010 to 407.130, the following words and terms mean: (1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obliga…
§ 407.020 RSMo Unlawful practices, penalty — exceptions
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407.020. Unlawful practices, penalty — exceptions. — 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sal…
§ 407.023 RSMo Representation of a business at wholesale trade shows or markets — proof of
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407.023. Representation of a business at wholesale trade shows or markets — proof of agency required. — 1. No person who alleges to represent a particular business at a wholesale trade show or market shall rent or lease space at the trade show or market unless he can produce writ…
§ 407.025 RSMo Civil action to recover damages — class actions authorized, when — procedure
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407.025. Civil action to recover damages — class actions authorized, when — procedure. — 1. (1) Any person who purchases or leases merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as…
§ 407.030 RSMo Voluntary compliance, assurance made, effect of — violation, penalty
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407.030. Voluntary compliance, assurance made, effect of — violation, penalty. — 1. In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act, use, practice or solicitation deemed to be violative of…
§ 407.040 RSMo Investigations by attorney general — investigative demand, contents of, how
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407.040. Investigations by attorney general — investigative demand, contents of, how served. — 1. When it appears to the attorney general that a person has engaged in or is engaging in any method, act, use, practice or solicitation declared to be unlawful by this chapter or when …
§ 407.045 RSMo Self-incrimination — person claiming right not subject to criminal
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407.045. Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure. — In any civil investigative demand served under section 407.040, no individual shall be permitted to refuse to answer any question material to the matter in controvers…
§ 407.050 RSMo Evidence, when and where produced
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407.050. Evidence, when and where produced. — Documentary material, information, or physical evidence demanded pursuant to the provisions of sections 407.010 to 407.130 shall be produced during normal business hours at the principal office or place of business of the person serve…
§ 407.060 RSMo Disclosure of information, material or evidence, limitation on — trade
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407.060. Disclosure of information, material or evidence, limitation on — trade secrets require court order, when. — 1. No information, documentary material, or physical evidence requested pursuant to a civil investigative demand issued under section 407.040 shall, unless otherwi…
§ 407.070 RSMo Petition to extend return date, when and where filed
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407.070. Petition to extend return date, when and where filed. — At any time before the return date specified in a civil investigative demand issued under section 407.040, or within twenty days after the civil investigative demand has been served, whichever period is shorter, a p…
§ 407.080 RSMo Interference with or avoidance of a civil investigative demand prohibited,
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407.080. Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce. — A person upon whom a civil investigative demand is served pursuant to the provisions of section 407.040 shall comply with the terms thereof unless otherwis…
§ 407.090 RSMo Attorney general may request court order to produce evidentiary material —
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407.090. Attorney general may request court order to produce evidentiary material — request filed where. — Whenever any person fails to comply with any civil investigative demand duly served upon him under section 407.040 or whenever satisfactory copying or reproduction of any su…
§ 407.095 RSMo Order by attorney general prohibiting unlawful acts — procedure —
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407.095. Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation. — 1. Whenever it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, act, use, practice or solicit…
§ 407.100 RSMo Injunction — temporary restraining orders — receivers — restitution, when —
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407.100. Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue. — 1. Whenever it appears to the attorney general that a person has engaged in, is eng…
§ 407.1025 RSMo Definitions
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407.1025. Definitions. — As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean: (1) "Administrative hearing commission", the body established in chapter 621 to conduct administrative hearings; (2) "All-terrain vehicle", any moto…
§ 407.1028 RSMo Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses
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407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contractin…
§ 407.1031 RSMo Procedure, before administrative hearing commission, application, notice,
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407.1031. Procedure, before administrative hearing commission, application, notice, hearing, order, review. — 1. Any party seeking relief pursuant to the provisions of sections 407.1025 to 407.1049 may file an application for a hearing with the administrative hearing commission w…