Title XXV, INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

393.831. Articles of incorporation, amendment requirements. — A company may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the …

393.833. Principal office, change of, procedure. — A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in dup…

393.835. Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state. — 1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledge…

393.837. Securities law of Missouri not to apply, when. — The provisions of the securities law of Missouri shall not apply to any note, bond or other evidence of indebtedness issued by any nonprofit sewer company transacting business in this state pursuant to sections 393.825 to …

393.839. Membership — meetings, annual, special — quorum — voting. — 1. No person shall become a member of a nonprofit sewer company unless such person shall agree to use services furnished by the company when such shall be available through its facilities. The bylaws of a compan…

393.841. Voting districts may be provided, when, procedure. — Notwithstanding any other provision of law, the bylaws may provide that the territory in which a company supplies wastewater services may be divided into two or more voting districts for the purpose of properly distrib…

393.843. Board of directors, powers and duties. — 1. The business and affairs of a company shall be managed by a board of not less than five directors, each of whom shall be a member of the company. The bylaws shall prescribe the number of directors, their qualifications, other t…

393.845. Officers, annual election, removal from office — employees and agents. — The officers of a nonprofit sewer company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of presid…

393.847. Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations. — 1. Every nonprofit sewer company constructing, maintaining and operating its wastewater lines and treatment facilities shall construct, …

393.849. Excess revenues. — Revenues of a nonprofit sewer company for any fiscal year in excess of the amount thereof necessary: (1) To defray expenses of the company and of the operation and maintenance of its facilities during such fiscal year; (2) To pay interest and principal…

393.851. Prepayment of debt not prohibited. — Nothing herein contained shall be construed to prohibit the payment by a company of all or any part of its indebtedness prior to the date when the same shall become due. ­­-------- (L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effe…

393.853. Voluntary dissolution, articles, contents, submission to secretary of state. — 1. A nonprofit sewer company which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged in duplicate o…

393.855. Voluntary dissolution, procedure for winding up affairs. — A nonprofit sewer company which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) The board of directors shall first recommend that the company be dissolved volu…

393.857. Construction of laws relating to nonprofit sewer companies. — Sections 393.825 to 393.861 and section 393.175 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purp…

393.861. Private property of members exempt from execution for debts of company. — The private property of the members of a nonprofit sewer company shall be exempt from execution for the debts of the company and no member shall be liable or responsible for any debts of the compan…

393.900. Nonprofit water companies may be organized — articles of incorporation. — 1. Nonprofit, membership corporations may be organized pursuant to sections 393.900 to 393.951 only for the purpose of supplying water for distribution, wholesale and treatment services within the …

393.903. Corporations may convert to nonprofit water companies, how. — Any corporation organized pursuant to the laws of this state for the purpose, among others, of water treatment may be converted into a nonprofit water company and become subject to sections 393.900 to 393.951 …

393.906. Powers and duties. — A nonprofit water company shall have power: (1) To sue and be sued, in its corporate name; (2) To have succession by its corporate name for the period stated in its articles of incorporation or, if no period is stated in its articles of incorporation…

393.909. May amend articles of incorporation, how. — A company may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members a…

393.912. Change of principal office, how. — A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in duplicate …

393.915. Certain articles to be filed with secretary of state and shall take effect upon being filed by secretary of state. — 1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged in duplicat…

393.918. Securities law not to apply, when. — The provisions of the securities law of this state shall not apply to any note, bond or other evidence of indebtedness issued by any nonprofit water company transacting business in this state pursuant to sections 393.900 to 393.951 to…

393.921. Members must use services of nonprofit water company if available — membership not transferable, exception — meetings, how called, notice, procedure. — 1. No person shall become a member of a nonprofit water company unless such person shall agree to use services furnishe…

393.924. Company territory may be divided into voting districts. — Notwithstanding any other provision of law, the bylaws may provide that the territory in which a company supplies water services may be divided into two or more voting districts for the purpose of properly distrib…

393.927. Board of directors, powers, duties, number, terms of office, procedure. — 1. The business and affairs of a company shall be managed by a board of not less than five directors, each of whom shall be a member of the company. The bylaws shall prescribe the number of directo…

393.930. Officers, qualifications, powers and duties, terms of office. — The officers of a nonprofit water company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of president or vi…

393.933. Compliance with department of natural resources and other laws — public service commission not to have jurisdiction. — 1. Every nonprofit water company constructing, maintaining and operating its water lines and treatment facilities shall construct, maintain and operate …

393.936. Revenues to be distributed, when. — Revenues of a nonprofit water company for any fiscal year in excess of the amount necessary: (1) To defray expenses of the company and of the operation and maintenance of its facilities during such fiscal year; (2) To pay interest and …

393.939. Prepayment of indebtedness permitted. — Nothing in sections 393.900 to 393.951 shall be construed to prohibit the payment by a company of all or any part of its indebtedness prior to the date when such indebtedness shall become due. ­­-------- (L. 1999 H.B. 450 § 14 merg…

393.942. Voluntary dissolution before commencing operations. — 1. A nonprofit water company which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged in duplicate on behalf of the company b…

393.945. Voluntary dissolution and windup of affairs after commencing operations. — A nonprofit water company which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) The board of directors shall first recommend that the company b…

393.948. Nonprofit water company law construed liberally, may elect to follow certain corporate laws in articles of incorporation. — Sections 393.900 to 393.951 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deeme…

393.951. Private property of members exempt from execution — members not liable for debts of company. — The private property of the members of a nonprofit water company shall be exempt from execution for the debts of the company and no member shall be liable or responsible for an…

393.954. Claims against insured nonprofit water company after dissolution, procedure. — 1. Notwithstanding any other provision of law to the contrary, except as provided in subsection 2 of this section, a claim against a nonprofit water company dissolved pursuant to sections 393.…

394.010. Designation of chapter. — This chapter may be cited as "The Rural Electric Cooperative Law". ­­-------- (RSMo 1939 § 5386)

394.020. Definitions. — In this chapter, unless the context otherwise requires, (1) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership; (2) "Person" incl…

394.030. Formation of cooperative corporations authorized. — Cooperative, nonprofit, membership corporations may be organized under this chapter for the purpose of supplying electric energy and promoting and extending the use thereof in rural areas. Corporations organized under t…

394.040. Who may organize. — Five or more persons may organize a cooperative in the manner herein provided. ­­-------- (RSMo 1939 § 5391)

394.050. Articles of incorporation — where filed. — 1. The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged in duplicate by at least five of the incorporators and shall state: …

394.060. Name of cooperative shall include what. — The name of each cooperative shall include the words "electric" and "cooperative". The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact busin…

394.070. Corporation may become subject to provisions of chapter, how. — 1. Any corporation organized under the laws of this state for the purpose, among others, of supplying electric energy in rural areas may be converted into a cooperative and become subject to this chapter wit…

394.080. Powers, generally — may supply energy to certain cities, towns and villages, when. — 1. A cooperative shall have power: (1) To sue and be sued, in its corporate name; (2) To have succession by its corporate name for the period stated in its articles of incorporation or, …

394.085. High-speed broadband communications, general assembly declaration on, intent — rural electric cooperative defined — construction of law — offering of services, requirement. — 1. The general assembly declares that expanding and accelerating access to high-speed broadband …

394.090. Articles may be amended, how. — 1. A cooperative may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any…

394.100. Articles to be filed with secretary of state. — 1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged in duplicate and accompanied by such affidavits as may be required by applicable…

394.110. Bylaws to be adopted. — The original bylaws of a cooperative may be adopted by its board of directors or stockholders. Thereafter bylaws shall be adopted, amended or repealed by its members. The bylaws shall set forth the rights and duties of members and directors and ma…