Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

365.030. Sales finance company, license required — exceptions — application — fee. — 1. No person shall engage in the business of a sales finance company in this state without a license as provided in this chapter; except, that no bank, trust company, savings and loan association…

365.040. 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 in the application for …

365.050. Director may examine persons, inspect records — complaints of violations. — 1. The director, or his duly authorized representative, may make such investigation as he shall deem necessary and, to the extent necessary for this purpose, he may examine the licensee or any ot…

365.060. Rules and regulations, procedure — subpoenas, enforced how. — 1. The director may adopt and promulgate such reasonable rules and regulations as shall be necessary to carry out the intent and purposes of this chapter. A copy of every rule or regulation shall be mailed to …

365.070. Retail installment contracts to be in writing — form, contents. — 1. Each retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as to all essential provisions prior to the signing of the contract by the …

365.080. Insurance included in retail installment transactions — restrictions. — 1. The amount, if any, included in any retail installment transaction for insurance, if a separate identified charge is made for the insurance, which insurance may be purchased by the holder of the c…

365.090. Transfer of equity in motor vehicle — fee. — A buyer may transfer his equity in the motor vehicle in which the holder has a property interest at any time to another person upon agreement by the holder, but in that event and if the original buyer is released from further …

365.100. Late payment charges, interest on delinquent payments, attorney fees — dishonored or insufficient funds fee — convenience fee imposed, when. — 1. For contracts entered into on or after August 28, 2005, if the contract so provides, the holder thereof may charge, finance, …

365.110. Blank spaces in contract prohibited — exceptions. — No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed except that, if delivery of the motor vehicle is not made at the time of the exe…

365.120. Time price differential, computed how. — 1. Notwithstanding the provisions of any other law, the time price differential included in a retail installment transaction on any motor vehicle without regard to the year model designated by the manufacturer, the retail seller m…

365.125. Rates, parties may agree to a rate, restrictions. — As an alternative to the time price differential authorized by section 365.120, the parties may agree to any rate or amount of time price differential not exceeding a rate or amount authorized by section 408.450, but an…

365.130. Assignment of contract — refinance charge, computed how — extension or deferral of due dates, when. — 1. Any person may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions and at such price as may be agreed upon b…

365.140. Prepayment of debt under retail installment contract — refund, how computed — proof of payment. — Notwithstanding the provisions of any retail installment contract to the contrary any buyer may prepay in full, whether by payment in cash, extension or renewal, at any time…

365.145. Default — discrimination, law applicable to retail installment transactions. — Sections 408.551 to 408.562 shall apply to any retail installment transaction made pursuant to sections 365.010 to 365.160. ­­-------- (L. 1984 H.B. 1170)

365.150. Violation a misdemeanor — penalty — recovery barred — correction of violation, effect. — 1. Any person who knowingly violates any provision of this chapter or engages in the business of a sales finance company in this state without a license therefor as provided in this …

365.160. Waiver unenforceable. — Any waiver of the provisions of this chapter is unenforceable and void. ­­-------- (L. 1963 p. 466 § 15)

365.200. Additional time sale contracts. — 1. For any motor vehicle which is not subject to the Missouri motor vehicle time sales law as provided in sections 365.010 to 365.160, a seller is permitted to include in the contractual time sale of a motor vehicle the outstanding balan…

367.011. Definitions. — As used in sections 367.011 to 367.060, the following words mean: (1) "Month", that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of…

367.021. Secured personal credit loans — who may make — interest rate. — 1. Subject only to constitutional police regulations, not affecting the loan fee and the interest rate authorized by this section, in force in any municipality or county wherein secured personal credit loans…

367.031. Receipt for pledged property — contents — definitions — third-party charge for database — access to database information, limitations — error in data, procedure — loss of pawn ticket, effect. — 1. At the time of making any secured personal credit loan, the lender shall e…

367.040. Loans due, when — return of collateral, when — restrictions. — 1. Every secured personal credit loan shall be due and payable in lump sum thirty days after the date of the loan contract, or, if extended, thirty days after the date of the last preceding extension of the l…

367.043. License required — qualifications — oath — bond — accounting — location within one-half mile of excursion gambling boat or facility, prohibited, when. — 1. No person shall operate a pawnshop unless such person obtains a municipal pawnshop license issued pursuant to this …

367.044. Definitions — pledged goods for money, pawnbroker entitled only to goods pledged, exception, misappropriated goods — procedure to recover. — 1. As used in sections 367.044 to 367.055, the following terms mean: (1) "Claimant", a person who claims that property in the poss…

367.045. Customer failure to repay pawnbroker when notified that goods pledged or sold were misappropriated, penalty. — 1. When the tangible personal property subject to the pawn or sales transaction has been delivered or awarded to a claimant pursuant to section 367.044, and wit…

367.046. Procedure to reclaim purchase price of misappropriated goods. — 1. To obtain from a pawnbroker the amount of purchase for tangible personal property which a purchaser claims was misappropriated prior to the purchase, the purchaser shall file a petition in a court of comp…

367.047. Hold order in effect, pawnbroker may release property to peace officer, not waiver of property rights — sale of property under hold order prohibited. — 1. Upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and su…

367.048. Criminal charges filed and disposition of case, notice to pawnbroker, duty of prosecutor or circuit attorney — release of hold order, procedure. — 1. The prosecuting attorney or the circuit attorney shall notify the pawnbroker in writing in cases where criminal charges h…

367.049. No criminal or civil liability for pawnbroker exercising due care and good faith. — A licensed pawnbroker, or agent or employee of the licensed pawnbroker, who acts, pursuant to the provisions of sections 367.011 to 367.060, in good faith, exercises due care and follows …

367.050. Violation, penalties. — 1. In addition to any other penalty which may be applicable, any person who operates a pawnshop pursuant to the provisions of sections 367.011 to 367.060, or is required to be licensed pursuant to section 367.043 who willfully violates any provisi…

367.051. Jurisdiction of state courts for all civil actions — nonresident to appoint secretary of state as agent for service. — The sale or pledge of tangible personal property by any person shall be deemed: (1) An agreement by the person who sells or pledges that the person shal…

367.052. Leased property, rental or installment contracts not misappropriated unless marked — defacing marks, effect — claimant may recover — pawnbroker not liable. — When an item of property is the subject of a lease, rental transaction or retail installment contract with a comp…

367.053. Titles, licenses and permits for pledged goods to remain in effect, void when — ownership passing to pawnbroker, right to retitle or relicense. — Any title, license or permit for pledged goods shall remain in effect during the period of the pawn transaction and shall rem…

367.055. Inspection of property, search warrant required — hold order, probable cause, contents, expiration — confidentiality. — 1. Upon request of a law enforcement officer to inspect property that is described in information furnished by the pawnbroker pursuant to subdivisions …

367.060. Sections 367.011 to 367.060 not to repeal or amend small loan laws. — Nothing in sections 367.011 to 367.060 contained shall be deemed to amend or repeal any of the provisions of sections 367.100 to 367.200 and 408.100 to 408.220. ­­-------- (L. 1951 p. 281 § 7)

367.100. Definitions. — As used in sections 367.100 to 367.200: (1) "Consumer credit loans" shall mean: (a) Prior to January 1, 2002, loans for the benefit of or use by an individual or individuals: a. Secured by a security agreement or any other lien on tangible personal propert…

367.110. Certificate of registration required, when. — No lender shall engage in the business of making consumer credit loans as herein defined in this state of money, credit, goods or things in action without first having obtained a certificate of registration from the director …

367.120. Certificate of registration — application for. — Application for a certificate of registration shall be in writing in the form prescribed by the director. No certificate of registration is required until thirty days after sections 367.100 to 367.200 become effective, dur…

367.130. Bond — amount — conditions — additional bond, when. — The director may require the lender to file with the director a bond in the principal amount of one thousand dollars at the time of filing the application for a certificate of registration hereunder, or at such later …

367.140. Annual registration — fee, amount — certificates, issuance, display. — 1. Every lender shall, at the time of filing application for certificate of registration as provided in section 367.120 hereof, pay the sum of six hundred dollars as an annual registration fee for the…

367.160. Examination of lenders — authority of director — lender to pay costs, when. — The director, his deputies and examiners shall have full power and authority at any time and as often as reasonably necessary to investigate or examine the supervised business, affairs and loan…

367.170. Regulations — authority of director — insurance — premiums deemed not to be charges. — The director is authorized and empowered to make such general regulations as may be necessary for the enforcement of sections 367.100 to 367.200 and shall issue regulations providing a…

367.180. Lender to keep records. — Every lender shall keep books and records of the supervised business. ­­-------- (L. 1951 p. 262 § 9)

367.185. Loan solicitation, disclosures. — 1. Every nondepository financial institution licensed under sections 367.100 to 367.215 and otherwise defined as a person in section 367.100 shall comply with the provisions of this section. 2. In addition to any disclosures otherwise pr…

367.190. Certificates of registration — suspension, revocation, when — hearing — review. — In the event any lender fails, refuses, or neglects to comply with the provisions of sections 367.100 to 367.200, or of any laws of the state of Missouri relating to consumer credit loans o…

367.200. Violations — penalty. — If any person, firm, partnership or corporation to whom or which sections 367.100 to 367.200 apply, or any officer, agent or representative of such person, firm, partnership or corporation violates any of the provisions of said sections or shall a…

367.205. Annual audit by certified public accountant required. — All persons and entities licensed under the provisions of sections 367.100 to 367.200 shall cause an audit to be made once each year by a certified public accountant firm, of which at least one partner is the holder…

367.210. Audit report to director of finance, when. — A copy of the report of the audit required by section 367.205 shall be delivered to the director of finance of the state of Missouri at least thirty days prior to the license renewal date. ­­-------- (L. 1972 S.B. 405 § 2)

367.215. Failure to file audit report, effect of — surety bond posted, when. — The director of finance shall not issue a renewal license to any person or entity licensed under the provisions of sections 367.100 to 367.200 unless the audit report is furnished as required by sectio…

367.300. Definitions. — As used in sections 367.300 to 367.310, unless the context otherwise requires, the following terms shall mean: (1) "Advance fee", any consideration which is assessed or collected prior to the closing by a loan broker; (2) "Borrower", a person obtaining or …

367.305. Advance fee prohibited, penalty. — 1. No loan broker shall charge, assess, collect or receive an advance fee from a borrower to provide services as a loan broker. 2. The knowing charging, assessment, collection or receipt of an advance fee, in violation of this section, …