Title XXVI — TRADE AND COMMERCE

409.806. Exempt transaction — rules, generally, this chapter, procedure. — 1. The provisions of section 409.803 shall not apply to the following: (1) A transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchang…

409.808. Commodity merchants — license required, boards of trade — designation required. — 1. No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person is registered or temporarily licensed with the Commodity Futures Trading Commiss…

409.810. Prohibited acts. — No person shall, directly or indirectly: (1) Cheat or defraud, attempt to cheat or defraud, or employ any device, scheme or artifice to cheat or defraud, any other person; (2) Make any false report, enter any false record, or make any untrue statement …

409.813. Principals, agents, joint and several liability — when. — 1. The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the …

409.816. Applicability of other laws. — Nothing in sections 409.800 to 409.863 shall impair, derogate or otherwise affect the authority or powers of the commissioner under this chapter or the application of any provision of this chapter to any person or transaction subject theret…

409.818. Intent of law. — Sections 409.800 to 409.863 may be construed and implemented to effectuate their general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities and to maximize coordination with federal and other state…

409.820. Investigations by commissioner, subpoena powers — judicial enforcement. — 1. The commissioner may make investigations, within or without this state, as he finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provis…

409.823. Violations — powers of commissioner. — 1. If the commissioner believes, whether or not based upon an investigation conducted under section 409.820, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of secti…

409.826. Violations of domestic or foreign laws, rules — legal and equitable remedies. — 1. (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner, the…

409.828. Penalties. — 1. Any person who willfully violates any provision of sections 409.800 to 409.863 shall, upon conviction, be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, for each such violation. 2. The commissioner may refe…

409.830. Insiders — restricted use of information, data to be public, exceptions. — 1. Sections 409.800 to 409.863 shall be administered by the commissioner. Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained b…

409.833. Cooperation with other jurisdictions, agencies. — 1. To encourage uniform application and interpretation of sections 409.800 to 409.863 and securities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, including b…

409.836. General authority of commissioner. — In addition to specific authority granted elsewhere in sections 409.800 to 409.863, the commissioner may make, amend, and rescind rules, forms, and orders as are necessary to carry out the provisions of* sections 409.800 to 409.863. ­…

[Repealed or reserved.]

409.840. Application of sections 409.803, 409.808, 409.810, offers to sell, buy — where deemed made. — 1. Sections 409.803, 409.808 and 409.810 apply to persons who: (1) Sell or offer to sell when: (a) An offer to sell is made in this state; or (b) An offer to buy is made and acc…

409.843. Administrative procedure, notice of intent, summary order, notice, hearing. — 1. The commissioner shall commence an administrative proceeding under sections 409.800 to 409.863 by entering either a notice of intent to do a contemplated act or a summary order. The notice o…

409.846. Judicial review of commissioner's orders — procedure — standard of review. — 1. Any person aggrieved by a final order of the commissioner may obtain judicial review of such order in the manner provided in chapter 536 for the review of contested cases. 2. Upon the filing …

409.848. Exemptions — burden of proof. — It shall not be necessary to negative any of the exemptions of sections 409.800 to 409.863 in any complaint, information or indictment, or any writ or proceeding brought under sections 409.800 to 409.863; and the burden of proof of any suc…

409.850. Broker-dealers, sales representatives — applications for licenses — fees. — 1. An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the commissioner an application for licensing together with a consent to service of pr…

409.853. Examinations. — 1. The commissioner may, by rule or order, impose an examination requirement upon: (1) Any applicant applying for licensing under sections 409.850 to 409.863; or (2) Any class of applicants. 2. Any examination required may be administered by the commissio…

409.856. Licenses — effective date — expiration — classification, sales representatives — restrictions — exceptions. — 1. Unless a proceeding under section 409.863 has been instituted, the license of any commodity broker-dealer or commodity sales representative becomes effective …

409.858. Annual report, records — amendment, broker — dealers — capital requirements — fidelity bonds — financial reports. — 1. For so long as a commodity broker-dealer or commodity sales representative is licensed under sections 409.850 to 409.863, he shall file an annual report…

409.860. Records — examination without notice — fees. — 1. The commissioner, without prior notice, may examine the records and require copies of the records which a licensed commodity broker-dealer or commodity sales representative is required to make and maintain under section 4…

409.863. Licenses — denial, suspension, revocation, limitations, cancellation — grounds. — 1. The commissioner may, by order, deny, suspend, or revoke any license, limit the activities which an applicant or licensed person may perform in this state, conserve any applicant or lice…

409.950. Fiduciaries and employee retirement systems, investment in certain multinational development banks authorized. — Notwithstanding any other law to the contrary, securities or other obligations issued by multinational development banks in which the United States is a membe…

411.010. Short title. — This chapter shall be known by the short title of "Missouri Grain Warehouse Law". ­­-------- (L. 1941 p. 373 § 1, A.L. 1965 p. 606, A.L. 1980 S.B. 601)

411.012. Purpose. — This chapter constitutes an exercise of state police and regulatory power for the purpose of protecting and enhancing grain production and marketing, and the agricultural economy of the state of Missouri. This chapter is deemed necessary to protect and to pres…

411.015. Scope of law. — The provisions of the "Missouri Grain Warehouse Law" shall apply to all warehouses located within the state of Missouri. ­­-------- (L. 1965 p. 606, A.L. 1967 p. 637, A.L. 1971 H.B. 180 § 2, A.L. 1977 S.B. 75, A.L. 1993 H.B. 822)

411.020. Application of law — construction of laws governing warehouse receipts. — 1. The provisions of this chapter shall apply to the grain stored in or handled through a warehouse, or designated part thereof, as well to the operations of such warehouse whether or not any part …

411.026. Definitions. — The following words, terms and phrases, when used in this chapter, except where the context clearly indicates a different meaning, shall mean: (1) "Authorized agent", any person who has the legal authority to act on behalf of, or for the benefit of, anothe…

411.028. Grain delivered to warehouse for cleaning, processing and returned for seed, not grain as defined for grain warehouse law. — Agricultural commodities delivered to a warehouse or seed processor for the express purpose of processing or cleaning and holding such commodity a…

411.030. Department of agriculture to grade and weigh grains — operate laboratories and stations — supervise warehouses — federally owned grain, duties. — 1. The department shall have the exclusive right to officially inspect and grade all grains for which standards have been est…

411.050. Bond of director. — The director shall also execute a bond to the people of the state of Missouri in the penal sum of twenty thousand dollars, with corporate surety to be approved in the same manner as bonds of other appointed officers, conditioned that he will pay all d…

411.061. Director not to deal in grain, exception. — The director shall not, directly or indirectly, be interested in buying or selling grain, either on his own account or for others or in handling or storing grain as a public warehouseman or on private account, during his term o…

411.070. Director — powers and duties — rules, procedure. — 1. The director shall: (1) Supervise the handling, sampling, inspection, weighing and storage of grain in warehouses as required by this chapter; (2) Supervise protein or other chemical analysis of grain where laboratori…

411.100. Inspectors — qualifications. — No person shall be eligible to hold the office of chief inspector or inspector unless he has passed the examinations of the United States Secretary of Agriculture required for the issuing of a license to inspect and grade those grains desig…

411.110. Weighmasters — powers and duties. — When requested, it shall be the duty of grain weighmasters appointed by the director, under the provisions of this chapter, to weigh or to supervise the actual weighing and certification of weights of all grain as provided for in this …

411.135. Warehouseman to act as registrar of receipts — records to be kept. — Every licensed warehouseman desiring to issue unregistered negotiable or nonnegotiable warehouse receipts shall act as registrar, or designate an employee to act as registrar, to be responsible for issu…

411.140. Personnel of branch offices — appointment — qualifications — duties. — 1. The director may appoint a suitable person to be assigned to each office where official inspection points are established. The person shall not be a member of a board of trade or grain exchange, an…

411.145. Department may conduct grain inspection business outside state, when. — The Missouri department of agriculture is hereby authorized to conduct official grain inspection business outside the boundaries of the state of Missouri; provided that, such business: (1) Is conduct…

411.150. Fees, how fixed. — The director shall have full power to fix the fees for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the provisions of this chapter, which fees sha…

411.151. Grain inspection fee fund established — deposits and disbursements — not to lapse — transfers from general revenue — investment of fund. — 1. There is hereby created in the state treasury the "Grain Inspection Fee Fund". All fees charged and collected for sampling, inspe…

411.160. Grain inspected and weighed by authorized inspectors — penalty. — 1. When official inspection, weighing, or supervising of actual weighing of grain is requested in this state whether into or out of state licensed warehouses or portions of warehouses so licensed for publi…

411.170. Certificates shall be evidence — right of revocation. — The certificates issued by the department shall be conclusive evidence to all parties interested of the facts stated therein and shall form the basis of settlement between buyers and sellers unless otherwise specifi…

411.180. Right of examination, audit and inspection — confidential information, penalty for disclosure — subpoena powers of director — director to investigate complaints, when. — 1. The director or his authorized representative may examine, audit and inspect every licensed grain …

411.200. Reinspection. — Operators of public terminal elevators, may, with the consent of the director, call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the director, before or at the completi…

411.255. Operations for which a license is required — administrative penalty for operating without license. — 1. No person shall: (1) Operate a warehouse for storage of grain; (2) Hold himself out as being in the grain storage business, or as offering storage facilities for grain…

411.260. Application for public warehouse license, contents — rules — financial statements — false financial statement, penalty. — 1. Each person owning, operating, or desiring to own or operate a grain warehouse who is required to be licensed, shall apply for a license for each …

411.263. Fee for license. — Every warehouseman's original application for a public warehouse license must be accompanied by a fifty dollar application fee. Every applicant after approval shall pay an annual license fee based upon the capacity of the warehouse, or portion of the w…

411.266. Renewal of license — application, contents of — penalty for late renewal. — If a public warehouseman licensed under this chapter desires to renew the license for an additional year, application for the renewal shall be made on a form prescribed by the director and shall …