Title XXVI, TRADE AND COMMERCE
15 chapters · 912 sections in this title.
§ 400 RSMo 11-108. Interpretation of chapter
0.3K chars
400.11-108. Interpretation of chapter. — Unless a change in law has clearly been made, the provisions of chapter 400, as it reads after January 1, 1989, shall be deemed declaratory of the meaning of chapter 400, as it reads prior to January 1, 1989. -------- (L. 1988 S.B. 583 §…
§ 402.130 RSMo Definitions
2.2K chars
402.130. Definitions. — As used in sections 402.130 to 402.148, the following terms shall mean: (1) "Charitable purpose", the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the ac…
§ 402.132 RSMo Charitable purposes of the institution and fund to be considered — good faith required — authority of the institution
3.4K chars
402.132. Charitable purposes of the institution and fund to be considered — good faith required — authority of the institution. — 1. Subject to the intent of a donor expressed in a gift, an institution, in managing and investing an institutional fund, shall consider the charitabl…
§ 402.134 RSMo Appropriation for expenditure or accumulation of endowment fund, amount permitted — factors to consider
2.0K chars
402.134. Appropriation for expenditure or accumulation of endowment fund, amount permitted — factors to consider. — 1. Subject to the intent of the donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as…
§ 402.136 RSMo Delegation of management and investment, when — requirements of the institution
1.7K chars
402.136. Delegation of management and investment, when — requirements of the institution. — 1. Subject to any specific limitation set forth in a gift instrument or law not within sections 402.130 to 402.148, an institution may delegate to an external agent the management and inve…
§ 402.138 RSMo Release or modification of restrictions permitted, when
2.3K chars
402.138. Release or modification of restrictions permitted, when. — 1. If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A …
§ 402.140 RSMo Applicability
0.2K chars
402.140. Applicability. — Sections 402.130 to 402.148 shall apply to institutional funds existing on or established after August 28, 2009. -------- (L. 2009 H.B. 239)
§ 402.142 RSMo Federal acts, effect of
0.5K chars
402.142. Federal acts, effect of. — As authorized in 15 U.S.C. 7002, as amended, sections 402.130 to 402.148 modify, limit, or supersede* the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede…
§ 402.144 RSMo Compliance, determined when
0.3K chars
402.144. Compliance, determined when. — Compliance with sections 402.130 to 402.148 is determined in light of the facts and circumstances existing at the time a decision is made or action is taken and not by hindsight. -------- (L. 2009 H.B. 239)
§ 402.146 RSMo Uniformity of law to be considered in application of law
0.3K chars
402.146. Uniformity of law to be considered in application of law. — In applying and construing sections 402.130 to 402.148, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 200…
§ 402.148 RSMo Governing boards and directors, law not to amend duties and liabilities of
0.3K chars
402.148. Governing boards and directors, law not to amend duties and liabilities of. — Nothing in sections 402.130 to 402.148 shall act to amend the status of governing boards or the duties and liabilities of directors under other applicable law. -------- (L. 2009 H.B. 239)
§ 402.199 RSMo Declaration of policy — contributions to Missouri family trust not to adversely impact other benefits of beneficiaries
1.9K chars
402.199. Declaration of policy — contributions to Missouri family trust not to adversely impact other benefits of beneficiaries. — 1. The general assembly hereby finds and declares the following: (1) It is an essential function of state government to provide basic support and ser…
§ 402.200 RSMo Definitions
3.0K chars
402.200. Definitions. — As used in sections 402.199 to 402.208, the following terms mean: (1) "Beneficiary", also referred to as "life beneficiary", a person who: (a) Has been determined to have a disability or to be a disabled person; (b) Is a resident of Missouri or one of the …
§ 402.201 RSMo Board of trustees created, members, expenses — accounting of funds required — assets not state moneys — immunity from liability, when
5.4K chars
402.201. Board of trustees created, members, expenses — accounting of funds required — assets not state moneys — immunity from liability, when. — 1. There is hereby created the "Missouri Family Trust Board of Trustees", which shall be a body corporate and an instrumentality of th…
§ 402.202 RSMo Trust accounts, restricted trust accounts, charitable trust — administered as Missouri family trust — pooling permitted — additional board powers
1.4K chars
402.202. Trust accounts, restricted trust accounts, charitable trust — administered as Missouri family trust — pooling permitted — additional board powers. — 1. Trust accounts, restricted trust accounts, and the charitable trust shall be held and administered in trust as the Miss…
§ 402.203 RSMo Contribution of assets, by whom — trust account to be created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution
3.8K chars
402.203. Contribution of assets, by whom — trust account to be created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution. — 1. A beneficiary who is a person with disabilities as defined in Section 1614(a)(…
§ 402.204 RSMo Settlor may contribute assets — trust account created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution
3.7K chars
402.204. Settlor may contribute assets — trust account created — cotrustees and successors — breach of fiduciary duty, effect of — death of beneficiary, procedure — remainder distribution. — 1. Any person, as settlor, except a beneficiary or a beneficiary's spouse, may contribute…
§ 402.205 RSMo Withdrawal from trust account, when — revocation or termination of trust, when, distribution — trust principal and income held for benefit of beneficiary
3.9K chars
402.205. Withdrawal from trust account, when — revocation or termination of trust, when, distribution — trust principal and income held for benefit of beneficiary. — 1. The settlor of a revocable third party trust account or the cotrustee of a revocable third party trust account …
§ 402.206 RSMo First and third party trusts, account held and administered, how
2.6K chars
402.206. First and third party trusts, account held and administered, how. — Each first party trust account and third party trust account shall be held and administered in trust as follows: (1) The board of trustees shall hold, administer, and distribute the principal and income …
§ 402.207 RSMo Charitable trust established, when
1.2K chars
402.207. Charitable trust established, when. — 1. The board of trustees shall establish a charitable trust for the benefit of individuals with disabilities. 2. The board of trustees shall accept contributions to the charitable trust at the termination of trust accounts and other …
§ 402.208 RSMo Fees authorized — periodic reports — no property interest in trust account, when
2.0K chars
402.208. Fees authorized — periodic reports — no property interest in trust account, when. — 1. The board may establish and collect fees for administering trust accounts established pursuant to the provisions of sections 402.199 to 402.220*. 2. The board shall establish policies …
§ 403.250 RSMo Definitions
1.7K chars
403.250. Definitions. — In sections 403.250 to 403.350, unless the context otherwise requires: (1) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer; (2) "Claim of beneficial interest" includes a cl…
§ 403.260 RSMo Registration in name of fiduciary
0.6K chars
403.260. Registration in name of fiduciary. — A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relations…
§ 403.270 RSMo Assignment by a fiduciary
0.9K chars
403.270. Assignment by a fiduciary. — Except as otherwise provided in sections 403.250 to 403.350, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary: (1) May assume without inquiry that the assignment, even though to the fidu…
§ 403.280 RSMo Evidence of appointment or incumbency
1.2K chars
403.280. Evidence of appointment or incumbency. — A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (1) In the case of a fiduciary appointed …
§ 403.290 RSMo Adverse claims
1.3K chars
403.290. Adverse claims. — 1. A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on n…
§ 403.300 RSMo Nonliability of corporation and transfer agent
0.3K chars
403.300. Nonliability of corporation and transfer agent. — A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by sections 403.250 to 403.350. -------- (L. 1959 S.B. 241 § 6)
§ 403.310 RSMo Nonliability of third person
1.0K chars
403.310. Nonliability of third person. — 1. No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciar…
§ 403.320 RSMo Territorial application
0.8K chars
403.320. Territorial application. — 1. The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction un…
§ 403.330 RSMo Tax obligations
0.3K chars
403.330. Tax obligations. — Sections 403.250 to 403.350 do not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this state. -------- (L. 1959 S.B. 241 § 9)
§ 403.340 RSMo Uniformity of interpretation
0.2K chars
403.340. Uniformity of interpretation. — This law shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. -------- (L. 1959 S.B. 241 § 10)
§ 403.350 RSMo Short title
0.2K chars
403.350. Short title. — Sections 403.250 to 403.350 may be cited as the "Uniform Law for Simplification of Fiduciary Security Transfers". -------- (L. 1959 S.B. 241 § 11)
§ 404.005 RSMo Law, how cited
0.2K chars
404.005. Law, how cited. — Sections 404.005 to 404.094 may be cited as the "Missouri Transfers to Minors Law". -------- (L. 1985 S.B. 35, et al. § 16)
§ 404.007 RSMo Definitions
4.3K chars
404.007. Definitions. — As used in sections 404.005 to 404.094, unless the context otherwise requires, the following terms shall mean: (1) "Adult", an individual who has attained the age of twenty-one years, notwithstanding that an individual may be an adult at a different age un…
§ 404.011 RSMo Transfer of property to a minor by transferring to a custodian, effect — power limitations
0.3K chars
404.011. Transfer of property to a minor by transferring to a custodian, effect — power limitations. — Property may be transferred to a person, who is a minor on the date of the transfer, by transferring the property to a custodian for the minor under sections 404.005 to 404.094.…
§ 404.014 RSMo Present transfer of property, effect
0.6K chars
404.014. Present transfer of property, effect. — A present transfer of property to a custodian for a minor, made by a transferor in the manner prescribed in subdivisions (1), (2), (3) and (5) of subsection 1 of section 404.047, is irrevocable and indefeasibly vests ownership of t…
§ 404.016 RSMo Future transfers of property are revocable by donor, exception
0.8K chars
404.016. Future transfers of property are revocable by donor, exception. — A provision in a will, trust, power of appointment, benefit plan, life or endowment insurance policy, annuity or other contract, or a pay or transfer on death direction, for a transfer of property to be ma…
§ 404.018 RSMo Custodian and third persons dealing with custodian, powers, duties, immunities
0.7K chars
404.018. Custodian and third persons dealing with custodian, powers, duties, immunities. — By transferring property to a custodian for a minor under sections 404.005 to 404.094, the transferor incorporates in the transfer all the provisions of sections 404.005 to 404.094 and gran…
§ 404.021 RSMo Single custodianship — but custodian may serve more than one minor
0.4K chars
404.021. Single custodianship — but custodian may serve more than one minor. — A transfer of property under sections 404.005 to 404.094 may be made to only one minor and only one person may be custodian of the property transferred. A person may be a custodian of property for more…
§ 404.023 RSMo Custodians for present transfers of property, who may serve
0.4K chars
404.023. Custodians for present transfers of property, who may serve. — A donor making a present transfer of property to a minor may designate and transfer the property to any adult person or financial institution, including the donor, as custodian for the minor under sections 40…
§ 404.027 RSMo Custodians for future transfers, who may serve — lapse of custodianship, effect — substitute custodians, power to designate — revocation
1.9K chars
404.027. Custodians for future transfers, who may serve — lapse of custodianship, effect — substitute custodians, power to designate — revocation. — 1. A donor making a future transfer of property to a beneficiary under a will, trust, deed, power of appointment, benefit plan, lif…
§ 404.031 RSMo Custodian if no appointed conservator, who may serve — approval of court required when — bond required when — court's powers
1.6K chars
404.031. Custodian if no appointed conservator, who may serve — approval of court required when — bond required when — court's powers. — 1. If there is no appointed conservator for administration of a minor's estate, any person indebted to a minor, including a personal representa…
§ 404.035 RSMo Qualifications of custodians — transfers to persons not qualified, effect
1.0K chars
404.035. Qualifications of custodians — transfers to persons not qualified, effect. — An adult person or financial institution shall not be qualified to be designated custodian for property of a minor who is a resident of this state if the person or financial institution is not q…
§ 404.041 RSMo Additional property of minor transferred to custodian, when — guardian or conservator appointed by court may serve as custodian, when — custodian's rights in other property of minor
1.5K chars
404.041. Additional property of minor transferred to custodian, when — guardian or conservator appointed by court may serve as custodian, when — custodian's rights in other property of minor. — 1. When a custodianship has been established for a minor, the court may authorize the …
§ 404.047 RSMo Transfer of property to custodian, procedure, forms — receipt for delivery of property deemed a release
4.0K chars
404.047. Transfer of property to custodian, procedure, forms — receipt for delivery of property deemed a release. — 1. The designation of a custodian and transfer of property to the custodian shall be made in the following manner: (1) If the subject of the custodianship is proper…
§ 404.049 RSMo Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to
2.3K chars
404.049. Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to. — 1. A custodianship for a minor shall be treated as a custodial trust for a minor whenever property is transferred to any adult person or financial institution fo…
§ 404.051 RSMo Powers of custodian, limitation — termination of custodianship, when, procedure — degree of care required for custodial property
7.8K chars
404.051. Powers of custodian, limitation — termination of custodianship, when, procedure — degree of care required for custodial property. — 1. The custodian shall collect, hold, maintain, manage, invest and reinvest the custodial property. The custodian may accept a transfer of …
§ 404.054 RSMo Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property
0.9K chars
404.054. Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property. — 1. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. 2. A cus…
§ 404.057 RSMo Successor custodian designation on renunciation, resignation, death, incapacity, nonresident minor or removal of custodian
4.8K chars
404.057. Successor custodian designation on renunciation, resignation, death, incapacity, nonresident minor or removal of custodian. — 1. A person designated as a custodian may decline to serve by delivering a written renunciation to the person who made the designation or to the …
§ 404.061 RSMo Exemption of third person from liability
1.4K chars
404.061. Exemption of third person from liability. — A third person, including an issuer of securities, transfer agent, financial institution, broker, life insurance company, benefit plan, personal representative, or trustee, in good faith and without court order, may act on the …