Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

362.650. Certified copies evidence. — A copy of the minutes of the proceedings of the respective boards, and a copy of the agreement certified and verified by the respective cashiers and secretaries of the banks and trust companies wherein the proceedings are had, shall be presum…

362.660. Verified copies of agreement and proceedings shall be submitted to finance director. — A copy of the agreement so executed and the certified and verified copies of the proceedings of the respective boards of directors shall be submitted to the finance director for his ap…

362.670. Finance director shall certify finding within thirty days. — The approval or disapproval by the finance director shall be certified by him in writing to each bank and trust company which is a party to the merger or such consolidation within thirty days after the date of …

362.680. Agreement to be submitted to stockholders, when — exceptions, procedures. — 1. In case of approval by the finance director, the agreement, except as provided in subsection 3 of this section, shall within sixty days after the date of the approval be submitted to the stock…

362.690. Agreement binding, when. — At the time and place fixed by the notice each of the banks and trust companies shall respectively hold a meeting of their respective stockholders for the purpose of considering the agreement, and if the stockholders of each of the banks and tr…

362.700. Agreement for merger becomes effective, when. — 1. If the agreement is so approved and ratified by the stockholders of each of the respective banks and trust companies, then in case the agreement provides for a merger, a copy of the minutes of the respective stockholders…

362.710. Agreement for consolidation becomes effective, when. — 1. If the agreement is approved and ratified by the stockholders of the respective banks and trust companies, then in case the agreement provides for a consolidation of the banks and trust companies which are parties…

362.720. Receiving or consolidated company shall issue new certificates for old, when. — The receiving bank or trust company under the merger, or the consolidated corporation, may require the return of the original certificate held by each stockholder in either of the merging cor…

362.730. Dissenting stockholder may receive reasonable value of his or her stock — limitation, petition, hearing, appointment of appraisers. — 1. If any merger or consolidation takes effect pursuant to the provisions of sections 362.610 to 362.810, or in the event of a reverse st…

362.740. Finding and report of appraisers — compensation — notice to be given by clerk of court — minority discount. — 1. The appraisers so appointed and qualified shall meet at the time and place so designated by the court or judge, and shall proceed to ascertain and determine t…

362.750. Exceptions to appraisal, review, new appraisal, final judgment — stock to be surrendered. — Within twenty days after the filing of the appraisal, exceptions in writing may be filed thereto by any party interested. If exceptions are so filed the court shall review the app…

362.760. Cost of proceedings, how taxed. — The cost of the proceedings to determine the value of stock, as above provided for, up to and including the filing of the report of the appraisers, shall be paid by the receiving or consolidated bank or trust company, and the court shall…

362.765. Definitions — state-chartered bank merger with nonbank subsidiaries or nonbank affiliates — procedure. — 1. As used in this section, the following terms mean: (1) "Nonbank affiliate", any nonbank business entity of which a bank holding company holds control, as defined u…

362.770. Corporate existence of old merged into new company — title to property. — The corporate existence of the merging corporation or corporations shall be merged into that of receiving bank or trust company, or in the event of consolidation the corporate existence of the cons…

362.780. New company succeeds to fiduciary relations of old. — 1. If the receiver corporation or the consolidated corporation is to have fiduciary powers, the receiving corporation under merger or the new corporation under consolidation shall become, without further act or deed, …

362.790. New company liable for obligations of old. — The rights, obligations and relations of either of the merged corporations or of the consolidating corporations, in respect to any person, creditor, depositor, trustee or beneficiary of any trust, shall remain unimpaired, and …

362.800. Pending actions not to abate — substitution. — A pending action or other judicial proceeding to which any corporation that is so merged or so consolidated is a party shall not be deemed to have abated or to have discontinued by reason of the merger or consolidation, but …

362.810. Trust and fiduciary relations of old companies continue in new. — If any bank having fiduciary powers or any trust company which merges with or shall have merged with another, or if any bank having fiduciary powers or any trust company which consolidates with or shall ha…

362.820. Notice to director of division of finance prior to acquisition of trust company — disapproval of acquisition — exceptions — disapproval, grounds. — 1. No person, acting directly, indirectly, or through or in concert with one or more other persons, shall directly or indir…

362.900. Declaration of intent. — All of the provisions of chapter 362, RSMo 1959 and RSMo 1965 Supplement, whether or not repealed and reenacted by sections 361.010 to 362.810 shall, after October 13, 1967, apply equally to banks and trust companies, unless otherwise clearly ind…

362.910. Definitions. — As used in sections 362.910 to 362.940, unless the context clearly indicates otherwise, the following terms mean: (1) "Bank", any bank, trust company or national banking association which accepts demand deposits and makes loans, and which has its principal…

362.915. Limitation on bank holding company — total deposits, how computed. — It is unlawful for any bank holding company to obtain control of any bank or depository financial institution if the total deposits in such bank or institution together with the total deposits in all ba…

362.920. Procedure to obtain order allowing acquisition — duty of director. — 1. A bank holding company which seeks to acquire control of a bank or a bank holding company shall file with the division of finance a copy of any application which the bank holding company is required …

362.923. Bank holding companies, examination of, when — considered new business entity, when. — 1. The director of the division of finance may enter into cooperative and reciprocal agreements with the federal reserve banks for periodic examination of bank holding companies on a j…

362.930. Injunctive relief, when. — Any court of competent jurisdiction may enjoin violations of subsection 1 of section 362.920. Any bank adversely affected by any such violation, any banking organization having statewide membership, and the director of finance shall have standi…

362.935. Director of finance to administer — rules and orders authorized. — The director of finance shall administer and carry out the provisions of sections 362.910 to 362.940 and may issue such regulations and orders as may be necessary to discharge this duty and to prevent eva…

362.940. Disclaimer as to implied repeal of other law. — Nothing contained in sections 362.910 to 362.940 shall be interpreted or construed as approving any act, action, or conduct which is or has been or may be in violation of any existing law, nor shall anything herein containe…

362.945. Definitions — examinations, cooperative and reciprocal agreements to make examinations, when. — 1. As used in this section, unless the context clearly indicates otherwise, the following terms shall mean: (1) "Affiliate", shall have the meaning given the term by section 2…

362.950. Affiliated entity of holding companies, transactions authorized — out-of-state transactions. — 1. Notwithstanding any other law to the contrary, any bank or trust company is authorized to conduct at the main banking house or any branch of such bank or trust company any o…

364.010. Citation of law. — This chapter may be cited as the "Missouri Financing Institution Licensing Law". ­­-------- (L. 1963 p. 463 § 1)

364.020. Definitions. — Unless otherwise clearly indicated by the context, when used in this chapter, the following terms mean: (1) "Director", the office of the director of the division of finance. (2) "Financing institution", a person engaged in the business of purchasing or ot…

364.030. Financial institutions to obtain license, exceptions — application — fee. — 1. No person shall engage in the business of a financing institution in this state without a license therefor as provided in this chapter; except, however, that no bank, trust company, loan and i…

364.040. License denied or suspended, grounds — hearing and review. — 1. Renewal of a license originally granted under this chapter may be denied, or a license may be suspended or revoked by the director on the following grounds: (1) Material misstatement of fact in any applicati…

364.050. Director may investigate — buyer may make complaint. — 1. The director, or his duly authorized representatives, shall have full power and authority at any time to make any investigation considered necessary of financing institutions and of other persons having personal k…

364.060. Director may promulgate rules and regulations, issue subpoenas — enforcement — rulemaking, procedure, generally, this chapter. — 1. The director shall have the power to adopt and promulgate all rules and regulations necessary to carry out the intent and purposes of this …

364.070. Penalties. — Any person who knowingly violates any provision of this chapter or of any law of this state relating to the business of a financing institution in this state without a license therefor except as provided in this chapter is guilty of a misdemeanor and upon co…

364.100. Definitions. — As used in sections 364.100 to 364.160, the following terms shall mean: (1) "Director", the director of the division of finance of the state of Missouri; (2) "Person", an individual, partnership, association, business corporation, nonprofit corporation, co…

364.105. Registration required — fee — forms. — 1. No person shall engage in the business of a premium finance company in this state without first registering as a premium finance company with the director. 2. The annual registration fee shall be six hundred dollars payable to th…

364.110. Records to be maintained by company. — 1. A premium finance company shall maintain records of its premium finance transactions. 2. A premium finance company shall preserve its records of premium finance transactions, including cards used in a card system, if any, for at …

364.115. Premium finance agreement, requirements, contents. — A premium finance agreement shall: (1) Be dated and signed by or on behalf of the insured, and the printed portion thereof shall be in at least eight point type; (2) Contain the name and place of business of the insura…

364.120. Interest or discount, amount allowed, computation — prepayment of obligation — refund credit, calculation. — 1. A premium finance company shall not charge, contract for, receive, or collect any interest or discount charge other than as permitted by sections 364.100 to 36…

364.125. Other charges allowed. — 1. A premium finance agreement may provide for the payment by the insured of a delinquency charge of up to five percent of any installment which is in default for a period of five days or more. If the premium finance agreement is for personal, fa…

364.130. Cancellation of finance contract under power of attorney — requirements, procedure. — 1. When a premium finance agreement contains a power of attorney clause enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the i…

364.135. Return of unearned premiums on cancellation of financed contract — time allowed. — Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract directly to the premium finance company …

364.140. Filing of agreement not required for validity against creditors. — No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, trust…

364.145. Revenue deposited to state general revenue fund. — All revenues collected by or paid to the director under the provisions of sections 364.100 to 364.160 shall be forwarded immediately to the director of revenue, who shall deposit them in the general revenue fund. ­­-----…

364.150. Application of law. — The licensing provisions of sections 364.100 to 364.160 shall not apply to any insurance agent or insurance broker licensed to do business in this state. Nor shall the provisions of sections 364.100 to 364.160 apply to insurance premiums financed in…

364.160. Violation of law — misdemeanor. — Any premium finance company willfully and knowingly violating the provisions of sections 364.100 to 364.160 shall be guilty of a class A misdemeanor. ­­-------- (L. 1984 S.B. 686 § 13)

365.010. Citation of law. — Sections 365.010 to 365.160 shall be known and may be cited as the "Missouri Motor Vehicle Time Sales Law". ­­-------- (L. 1963 p. 466 § 1, A.L. 1999 S.B. 386)

365.020. Definitions. — Unless otherwise clearly indicated by the context, the following words and phrases have the meanings indicated: (1) "Cash sale price", the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would …