Title XXVI — TRADE AND COMMERCE

408.693. Fee paid to financial institution, amount, how determined. — Except for records obtained pursuant to section 408.690, a government authority shall pay to the financial institution assembling or providing financial records pertaining to a customer and in accordance with p…

408.695. Statute of limitations. — An action to enforce any provision of sections 408.675 to 408.700 may be brought in the circuit court within three years from the date on which the violation occurs or on the date of discovery of such violation, whichever is later. ­­-------- (L…

408.696. Civil liability for violation, amount — disciplinary action against agency employee, when — good faith a valid defense, when — exclusive remedy. — 1. Any financial institution or an agency or department of the state of Missouri obtaining or disclosing financial records o…

408.697. Injunctive relief, allowed when. — In addition to any other remedy contained in sections 408.675 to 408.700, injunctive relief shall be available to require that the procedures of sections 408.675 to 408.700 are complied with. In the event of a successful action, costs t…

408.699. Statute of limitations, tolled when. — If any individual files a motion or application under sections 408.655 and 408.675 to 408.700 which has the effect of delaying the access of a government authority to financial records pertaining to such individual, any applicable s…

408.700. Subpoena issued under authority of grand jury, records, use of. — Financial records relating to a customer obtained from a financial institution pursuant to a subpoena issued under the authority of a grand jury: (1) Shall be returned and actually presented to the grand j…

408.800. Definitions. — As used in sections 408.800 to 408.815, the following terms shall mean: (1) "American Savings Promotion Act", Public Law 113-251, enacted by the 113th United States Congress; (2) "Eligible account", an insured deposit account offered by an eligible financi…

408.805. Savings promotion program authorized, conditions. — Eligible financial institutions may offer and conduct a savings promotion program under the following conditions: (1) The terms and conditions of the savings promotion program shall allow an eligible account to obtain o…

408.810. Compliance with federal American Savings Promotion Act. — Eligible financial institutions that choose to offer savings promotion programs shall comply with the requirements of the American Savings Promotion Act and the regulations promulgated by the federal prudential re…

408.815. Programs not gambling, gaming, lottery, raffle, or sweepstake. — Savings promotion programs under sections 408.800 to 408.815 shall not constitute gambling, gaming, a lottery, raffle, or sweepstakes as defined by any other statute. ­­-------- (L. 2016 H.B. 2125 § 408.830…

[Repealed or reserved.]

409.1000. Business opportunities — definitions. — 1. For the purposes of sections 409.1000 to 409.1006, "business opportunity" means the sale or lease of any product, equipment, supplies or services which are sold or leased to a purchaser to enable the purchaser to start a busine…

409.1003. Practices prohibited — penalty. — 1. A business opportunity seller shall not: (1) Misrepresent, by failure to disclose or otherwise, the known required total investment for such business opportunity; (2) Misrepresent or fail to disclose efforts to sell or establish more…

409.1006. Civil remedies. — 1. If a business opportunity seller uses untrue or misleading statements in the sale of a business opportunity, fails to give the proper disclosures, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of th…

409.107. Investment firms, legal firms, other persons shall not be involved with issuance of bonds, when. — No investment firm, legal firm offering bond counsel services, or any persons having an interest in any such firms shall be involved in the issuance of bonds authorized by …

409.108. Tampering with securities documents or impeding investigations prohibited. — It is unlawful for any person, in any investigation or other proceeding under this chapter, to alter, destroy, mutilate, conceal, make a false entry in, or by any means falsify, remove from any …

409.109. Penalty. — A person who willfully violates section 409.108 shall upon conviction be fined not more than five hundred thousand dollars or imprisoned not more than ten years, or both. The proper prosecuting attorney with or without a criminal reference from the commissione…

409.111. Commissioner of securities may investigate violations. — The commissioner of securities may conduct pursuant to the authorization of section 409.6-602 such investigations as the commissioner considers necessary to determine whether a person has violated, is violating, or…

409.112. Commissioner of securities may seek relief for violations, when. — If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of sections 409.108 to 409.114, or any order,…

409.113. Commissioner of securities may issue orders, when. — If the commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of sections 409.108 to 409.114, or any order, rule or reg…

409.114. Duties and powers of commissioner of securities. — Sections 409.108 to 409.114 shall be administered by the commissioner of securities. The commissioner of securities is hereby empowered to promulgate, alter, amend or revoke rules and regulations pursuant to section 409.…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

409.500. Short title. — Sections 409.500 to 409.566 may be cited as the "Missouri Takeover Bid Disclosure Act". ­­-------- (L. 1978 S.B. 820 § 1, A.L. 1986 H.B. 1667)

409.506. Definitions. — As used in sections 409.500 to 409.566, the following terms shall have the following meanings: (1) "Takeover bid", the acquisition of or offer to acquire by an offeror from an offeree, pursuant to a tender offer or request or invitation for tenders, any eq…

409.511. Requirements, offeror must send registration statement — solicitations, recommendations, file with commissioner. — 1. No offeror shall make a takeover bid unless as soon as practicable on the date of commencement of the takeover bid he files with the commissioner of secu…

409.516. Registration statement, contents — material changes, notice to commissioner, how. — 1. The registration statement required to be filed pursuant to subsection 1 of section 409.511 shall include: (1) Copies of all prospectuses, brochures, advertisements, circulars, letters…

409.521. Commissioner may make investigations, seek injunctions, when. — 1. The commissioner of securities may conduct such investigation as he deems necessary concerning any takeover bid for the purpose of determining compliance with the requirements of sections 409.500 to 409.5…

409.526. Penalties. — 1. Every person who willfully violates any provision of sections 409.500 to 409.566 shall be guilty of a class A misdemeanor. 2. Every person who violates any provision of sections 409.500 to 409.566 shall be subject to a civil penalty of one thousand dollar…

409.531. Commissioner may promulgate rules, establish fees. — 1. Sections 409.500 to 409.566 shall be administered by the commissioner of securities and employees designated by him. The commissioner of securities is hereby empowered to promulgate, alter, amend or revoke rules and…

409.536. Attorney general may prosecute, how. — The attorney general may prosecute every person charged with the commission of a criminal offense arising from the violation of any provision of sections 409.500 to 409.566. In all such proceedings, the attorney general may appear i…

409.541. Secretary of state deemed offeror's agent, when — service of process, how, effective when. — 1. Every nonresident offeror, whether or not such offeror has filed a registration statement, except a foreign corporation which has appointed and keeps a resident agent in this …

409.546. Fraudulent practices not allowed, solicitation of offerees. — 1. No person shall make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, n…

409.551. Exceptions. — Sections 409.500 to 409.566 shall not apply when: (1) The offeror or the target company is a public utility or a public utility holding company as defined in section 2 of the Public Utility Holding Company Act of 1935, (49 Stat. 803, 15 U.S.C. 79), as amend…

409.556. Construction of statutes. — In the event any provision or application of sections 409.500 to 409.566 is held illegal or invalid for any reason, such holding shall not affect the legality or validity of any other provision or application thereof. ­­-------- (L. 1986 H.B. …

409.561. Additional requirements, when applicable. — If the takeover bid is not subject to the requirements of section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(d), the following additional requirements shall apply to the takeover bid: (1) The takeover bid shall…

409.566. Unlawful practices, offeree may bring suit, damages, attorney fees. — Any offeree whose equity securities are the subject of a takeover bid and who has been injured by any violation of sections 409.500 to 409.566 may bring an action in his or her own name to enjoin such …

[Repealed or reserved.]

409.600. Citation of law. — Sections 409.600 to 409.630 may be cited as the "Senior Savings Protection Act". ­­-------- (L. 2015 S.B. 244)

409.605. Definitions. — As used in sections 409.600 to 409.630, the following terms shall mean: (1) "Agencies", the department of health and senior services and the commissioner of securities; (2) "Agent", shall have the same meaning as in section 409.1-102; (3) "Broker-dealer", …

409.610. Financial exploitation, notification of agencies and family members. — If a qualified individual reasonably believes that financial exploitation of a qualified adult has occurred, has been attempted, or is being attempted, the qualified individual may notify the agencies…

409.615. Refusal of request for disbursement or transaction, when — expiration. — 1. A qualified individual may refuse a request for disbursement or transaction from the account of a qualified adult, or an account on which a qualified adult is a beneficiary or beneficial owner, i…

409.620. Immunity from liability, when. — Notwithstanding any other provision of law to the contrary, an investment adviser representative, agent, or qualified individual who, in good faith and exercising reasonable care, complies with section 409.610 or 409.615 shall be immune f…

409.625. Records, provided to agencies or law enforcement, when. — A qualified individual shall, upon request, provide access to or copies of records that are relevant to the suspected financial exploitation of a qualified adult to the agencies or law enforcement. The records may…

409.630. Website for training resources to prevent and detect financial exploitation. — No later than September 1, 2021, the commissioner of securities shall develop and make available a website that includes training resources to assist broker-dealers, investment advisers, agent…

[Repealed or reserved.]

409.800. Definitions. — As used in sections 409.800 to 409.863, the following terms shall mean: (1) "CFTC Rule", any rule or order of the Commodity Futures Trading Commission; (2) "Board of trade", any person or group of persons engaged in buying or selling any commodity or recei…

409.803. Prohibited contracts — exemptions. — 1. Except as otherwise provided in subdivision (1) of subsection 1 of section 409.806, no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity under a commodity c…