FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 351.400 — MO Code / Chapter 351 / Section 351.400
351.400 Disposition of assets.
Status: in_force

351.400. Disposition of assets. — A sale, lease, or exchange or other disposition other than by mortgage, deed of trust or pledge, of all, or substantially all, the property and assets, with or without the goodwill, of a corporation, if not made in the usual and regular course of its business, may be made upon such terms and conditions and for such consideration, which may consist, in whole or in part, of money or property, real or personal, including shares of any other corporation, domestic or foreign, as may be authorized in the following manner:

(1) The board of directors may adopt a resolution recommending such sale, lease or exchange or other disposition and directing the submission thereof to a vote at a meeting of shareholders entitled to vote thereat, which may be either an annual or a special meeting, except that such proposed sale, lease or exchange need not be adopted by the board of directors and may be directly submitted to any annual or special meeting of shareholders;

(2) Written or printed notice stating that the purpose, or one of the purposes, of such meeting is to consider the sale, lease or exchange, or other disposition of all, or substantially all, of the property and assets of the corporation shall be given to each shareholder of record entitled to vote at such meeting within the time and in the manner provided by this chapter for the giving of notice of meetings of shareholders; if such meeting be an annual meeting, such purpose may be included in the notice of such annual meeting;

(3) At such meeting the shareholders may authorize such sale, lease or exchange, or other disposition and fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such authorization shall require the affirmative vote of the holders of at least two-thirds of the outstanding shares entitled to vote at such meeting;

(4) After such authorization by a vote of shareholders, the board of directors nevertheless, in its discretion, may abandon such sale, lease, exchange, or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by shareholders.

(L. 1943 p. 410 § 72, A.L. 1965 p. 532, A.L. 1975 S.B. 14) (2016) Section does not create a private right of action for shareholders against innocent purchasers of corporate property. Pullen v. Flowers, 509 S.W.3d 131 (Mo.App.S.D.).
Mo. Rev. Stat. § 361.460 — MO Code / Chapter 361 / Section 361.460
361.460 Effect of director's notice to remove upon contract of bailment or of ...
Status: in_force

361.460. Effect of director's notice to remove upon contract of bailment or of deposit for hire. — After the director shall have duly mailed a notice in writing, as provided in section 361.450 , the contract of bailment or of deposit for hire, or lease of safe, vault or box, if any, between the persons duly notified and the corporation, shall cease and determine upon the date for removal fixed in such notice, and the amount of the unearned rent or charges, if any, paid by such person shall become a debt of the corporation to said person.

(RSMo 1939 § 7923) Prior revisions: 1929 § 5329; 1919 § 11712
Mo. Rev. Stat. § 148.070 — MO Code / Chapter 148 / Section 148.070
148.070 Notice of deficiency, time limitations.
Status: in_force

148.070. Notice of deficiency, time limitations. — 1. Except in the case of any erroneous refund and except as otherwise provided in this section, a notice of deficiency shall be mailed to the taxpayer within three years after the return was filed. No deficiency shall be assessed or collected with respect to the taxable year unless the notice is mailed within the three-year period or the period otherwise fixed.

2. If a taxpayer omits from its return an amount of income that is properly includable in its gross income which is in excess of twenty-five percent of the amount of gross income stated in its return, a notice of deficiency may be mailed to the taxpayer within six years after the return was filed. For purposes of this subsection, in determining the amount omitted, there shall not be taken into account any amount which is omitted in the return if such amount is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the director of the nature and amount of such item.

3. If no return is filed or a false and fraudulent return is filed with intent to evade the tax imposed by sections 148.010 to 148.110 , a notice of deficiency may be mailed to the taxpayer at any time.

4. Where, before the expiration of the time prescribed in this section for the assessment of a deficiency, both the director and the taxpayer shall have consented in writing to its assessment after such time, the deficiency may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreement in writing made before the expiration of the period previously agreed upon.

5. For purposes of this section, a return filed before the last day, without regard to any extension, prescribed by law or regulation for the filing thereof, shall be deemed to be filed on such last day.

(L. 1945 p. 1921 § 8, A.L. 1978 S.B. 661, A.L. 1986 H.B. 1195) Effective 5-15-86
Mo. Rev. Stat. § 356.021 — MO Code / Chapter 356 / Section 356.021
356.021 Definitions.
Status: in_force

356.021. Definitions. — As used in sections 356.011 to 356.261 unless the context otherwise requires, the following terms shall mean:

(1) "Disqualified person" , any natural person, corporation, partnership, limited liability company, fiduciary, trust, association, governmental agency or other entity that for any reason is or becomes ineligible under sections 356.011 to 356.261 to own shares issued by a professional corporation;

(2) "Foreign professional corporation" , a corporation organized for the purpose of rendering professional services under a law other than the law of this state;

(3) "Licensing authority" , the officer, board, agency, court or other authority in this state that has the power under applicable law to issue a license or other legal authorization to render a professional service;

(4) "Professional corporation" , a corporation for profit subject to the provisions of sections 356.011 to 356.261 , except a foreign professional corporation;

(5) "Professional service" and "professional services" :

(a) Any service that lawfully may be rendered only by persons licensed under the provisions of a licensing law of this state and that also may not lawfully be rendered by a corporation organized under the general and business corporation law of Missouri, chapter 351 ; and

(b) Practiced by the following professionals, each subparagraph constituting one type:

a. An accountant;

b. An architect or engineer;

c. An attorney at law;

d. A chiropodist-podiatrist;

e. A chiropractor;

f. A dentist;

g. An optometrist;

h. A physician, surgeon, doctor of medicine or doctor of osteopathy;

i. A psychologist;

j. A veterinarian;

k. A registered nurse;

l. Any natural person licensed as a real estate salesperson;

m. A physical therapist;

(6) "Qualified person" , a natural person, general partnership, limited liability company, professional corporation, or foreign corporation that is eligible under sections 356.011 to 356.261 to own shares issued by a professional corporation not otherwise restricted, the probate estate of a qualified person or a grantor of a declaration in trust who is a natural person eligible to own shares issued by a professional corporation; and, all trustees of the trust that are eligible to own shares issued by a professional corporation; except that all qualified persons defined in this subdivision that are eligible to own shares issued by a professional corporation shall offer, unless otherwise provided in writing, the professional corporation an option to redeem such shares. The probate estate, the trustee, or a successor trustee of a qualified person who is not otherwise authorized to own shares issued by a professional corporation shall be deemed a qualified person where the stock or assets of such professional corporation are owned by the qualified person.

(L. 1986 H.B. 1230, A.L. 1988 H.B. 1178, A.L. 1991 H.B. 219, A.L. 1993 S.B. 66 & 20) Effective 12-01-93
Mo. Rev. Stat. § 316.212 — MO Code / Chapter 316 / Section 316.212
316.212 Maintenance, inspection and accident records to be retained.
Status: in_force

316.212. Maintenance, inspection and accident records to be retained. — Each owner or operator shall retain on the premises or with a traveling amusement ride for at least three years all maintenance, inspection and accident records for each amusement ride. The owner shall make such records for the ride under inspection for failure or malfunction available to the director or the director's designee upon request.

(L. 1997 H.B. 276 § 5)
Mo. Rev. Stat. § 589.405 — MO Code / Chapter 589 / Section 589.405
589.405 Court's duties upon release of sexual offender.
Status: in_force

589.405. Court's duties upon release of sexual offender. — 1. Any person who is required to register under sections 589.400 to 589.425 and who is released on probation, discharged upon payment of a fine, or released after confinement in a county jail shall, prior to such release or discharge and at the time of adjudication, be informed of the possible duty to register pursuant to sections 589.400 to 589.425 by the court having jurisdiction over the case. If such person is required to register pursuant to sections 589.400 to 589.425 and is placed on probation, the court shall make it a condition of probation that the offender report within three business days to the chief law enforcement official of the county of adjudication or city not within a county of adjudication to complete initial registration. If such offender is not placed on probation, the court shall:

(1) If the offender resides in Missouri, complete the initial notification of duty to register form approved by the state judicial records committee and the Missouri state highway patrol and forward the form within three business days to the Missouri state highway patrol and the chief law enforcement official in the county or city not within a county in which the offender resides; or

(2) If the offender does not reside in Missouri:

(a) Order the offender to report directly to the chief law enforcement official in the county or city not within a county where the adjudication was heard to register as provided in sections 589.400 to 589.425 ; and

(b) Complete the initial notification of duty to register form approved by the state judicial records committee and the Missouri state highway patrol and forward the form within three business days to the Missouri state highway patrol and the chief law enforcement official in the county or city not within a county where the offender was adjudicated.

2. If the offender resides in Missouri and refuses to complete and sign the registration information as provided in subdivision (1) of subsection 1 of this section, or if the offender resides outside of Missouri and refuses to directly report to the chief law enforcement official as provided in subdivision (2) of subsection 1 of this section, the offender commits the offense of failure to register under section 589.425 .

(L. 1997 H.B. 883, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2018 S.B. 655)
Mo. Rev. Stat. § 139.055 — MO Code / Chapter 139 / Section 139.055
139.055 Tax paid by credit card or electronic transfer — fee.
Status: in_force

139.055. Tax paid by credit card or electronic transfer — fee. — Any county or public water supply district may accept payment by credit card or electronic transfers of funds for any tax, fee, or license payable to the county or district. A county collector or district shall not be required to accept payment by credit card if the credit card bank, processor, or issuer would charge the county or district a fee for such payment. However, a county or district may accept payment by credit card and charge the person making such payment by credit card a fee equal to the fee charged the county or district by the credit card bank, processor, issuer for such payment. A county or district may accept payment by electronic transfer of funds in payment of any tax, fee, or license and charge the person making such payment a fee equal to the fee charged the county or district by the bank, processor, or issuer of such electronic payment.

(L. 1998 H.B. 1734 § 1, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2007 S.B. 22)
Mo. Rev. Stat. § 34.074 — MO Code / Chapter 34 / Section 34.074
34.074 Disabled veterans, state and political subdivision contracts, preference to ...
Status: in_force

34.074. Disabled veterans, state and political subdivision contracts, preference to be given, when — rulemaking authority. — 1. As used in this section, the term "service-disabled veteran" means any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs.

2. As used in this section, the term "service-disabled veteran business" means a business concern:

(1) Not less than fifty-one percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one percent of the stock of which is owned by one or more service-disabled veterans; and

(2) The management and daily business operations of which are controlled by one or more service-disabled veterans.

3. In letting contracts for the performance of any job or service, all agencies, departments, institutions, and other entities of this state and of each political subdivision of this state shall give a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business.

4. In implementing the provisions of subsection 3 of this section, the following shall apply:

(1) The commissioner of administration shall have the goal of three percent of all such contracts described in subsection 3 of this section to be let to such veterans;

(2) If no or an insufficient number of such veterans doing business in this state submit a bid or proposal for a contract let by an agency, department, institution, or other entity of the state or a political subdivision, such goal shall not be required and the provisions of subdivision (1) of this subsection shall not apply; and

(3) Any service-disabled veteran business that receives bonus points under this section shall not receive bonus points under section 34.069 .

5. The commissioner of administration may promulgate rules in order to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

(L. 2008 H.B. 1313, A.L. 2010 H.B. 1524 & 2260, A.L. 2026 H.B. 2593)
Mo. Rev. Stat. § 600.015 — MO Code / Chapter 600 / Section 600.015
600.015 Public defender commission created — appointment, terms, expenses, ...
Status: in_force

600.015. Public defender commission created — appointment, terms, expenses, meetings, vacancies — director to be ex officio member. — 1. There is hereby created the "Public Defender Commission". The commission shall be composed of seven members, four of whom shall be lawyers, appointed by the governor with the advice and consent of the senate. No more than four members shall be of the same political party.

2. Upon the expiration of the terms of the persons who are members of the commission on April 1, 1982, the term of office of each commissioner thereafter appointed shall be six years from the time of his appointment and qualification and until his successor shall qualify. Vacancies in the commission shall be filled by the governor for the unexpired term. Commissioners may succeed themselves.

3. The state public defender director shall, upon appointment, become an ex officio member of the commission without vote and shall participate in all meetings of the commission except during discussions relating to renewal of his term or to his removal from his office and such other matters as the commission may designate.

4. The commission shall meet on a regular basis and shall be presided over by a chairperson elected by its members.

5. Commission members shall receive no salaries, but shall receive their actual and necessary expenses incurred in connection with the performance of their duties.

(L. 1972 H.B. 1314 § 2, A.L. 1976 H.B. 1095, A.L. 1982 H.B. 1169) Effective 4-01-82
Mo. Rev. Stat. § 54.150 — MO Code / Chapter 54 / Section 54.150
54.150 Accounts settled with commission semiannually — death, interim treasurer ...
Status: in_force

54.150. Accounts settled with commission semiannually — death, interim treasurer appointed, how — duty of commission. — The county treasurer shall settle his accounts with the commission semiannually, in June and December in each year. In the event of a vacancy caused by death, resignation, or otherwise, in any county except a county with a charter form of government, the county commission shall appoint a deputy treasurer or a qualified person to serve as an interim treasurer until said treasurer returns or the unexpired term is filled under section 105.030 . The treasurer or interim treasurer shall immediately make such settlement, and deliver to his successor in office all things pertaining thereto, together with all money belonging to the county; and at each settlement the commission shall immediately proceed to ascertain, by actual examination, the amount of balances and funds in the hands of such treasurer to be accounted for, and to what particular fund or funds it appertains, and cause to be spread on its records, in connection with the entry of such settlement, the result of such examination and count.

(RSMo 1939 § 13814, A.L. 2004 S.B. 782) Prior revisions: 1929 § 12152; 1919 § 9550; 1909 § 3771
Mo. Rev. Stat. § 40.138 — MO Code / Chapter 40 / Section 40.138
40.138 Oath required for all judges, members, counsel, reporters, interpreters.
Status: in_force

40.138. Oath required for all judges, members, counsel, reporters, interpreters. — 1. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.

2. Each witness before a military court shall be examined on oath or affirmation.

(L. 1984 H.B. 1035 § 43)
Mo. Rev. Stat. § 511.580 — MO Code / Chapter 511 / Section 511.580
511.580 Who may enter satisfaction.
Status: in_force

511.580. Who may enter satisfaction. — Satisfaction may be entered by the plaintiff in person, by his attorney of record, or by his agent duly authorized, in writing, under the hand of the plaintiff.

(RSMo 1939 § 1287) Prior revisions: 1929 § 1122; 1919 § 1573; 1909 § 2142
Mo. Rev. Stat. § 379.485 — MO Code / Chapter 379 / Section 379.485
379.485 Penalties for failure to comply — powers of director.
Status: in_force

379.485. Penalties for failure to comply — powers of director. — 1. If any rating organization or insurer shall fail to comply with an order of the director lawfully made by him under section 379.480 , the director may, in addition to other penalties provided in sections 379.420 to 379.510 or any other law, suspend or revoke the license of such rating organization or insurer with respect to the class or classes of insurance as to which there is such failure to comply.

2. No penalty provided in sections 379.420 to 379.510 or any suspension or revocation of license as herein provided shall be imposed except upon a written order of the director stating his findings.

3. The director's power to suspend or revoke shall include the power to modify, rescind, or reverse such suspension or revocation.

(L. 1947 V. II p. 254 § 4)
Mo. Rev. Stat. § 115.425 — MO Code / Chapter 115 / Section 115.425
115.425 Name must be on precinct register to be eligible to vote, exception.
Status: in_force

115.425. Name must be on precinct register to be eligible to vote, exception. — Except as provided in subsection 4 * of section 115.277 , the election judges shall allow no person to vote whose name does not appear in the precinct register without the express sanction of the election authority.

(L. 1977 H.B. 101 § 11.040) Effective 1-01-78 *Statutory reference to subsection "2" changed to "4" in accordance with section 3.060 based on renumbering in section 115.277 by H.B. 1878, 2022.
Mo. Rev. Stat. § 226.132 — MO Code / Chapter 226 / Section 226.132
226.132 Department of transportation to create transportation plan for the state, ...
Status: in_force

226.132. Department of transportation to create transportation plan for the state, information required — submission deadline. — The general assembly recognizes that nothing in section 142.345 and sections 226.133 , 226.134 and 226.200 fully addresses the total transportation infrastructure needs of the state. In order for the state to exploit all of its transportation assets, the department of transportation shall create a multimodal, total transportation plan based solely upon the real needs of the state. The department of transportation shall objectively evaluate the actual multimodal needs, including aviation, highways, bridges, rail, transit and water ports, of the state based upon criteria that will enhance the state's transportation infrastructure and economic development well-being and shall submit its total transportation plan to the joint committee on transportation oversight, the president pro tem of the senate and the speaker of the house of representatives by January 2, 2001.

(L. 2000 H.B. 1742)
Mo. Rev. Stat. § 50.390 — MO Code / Chapter 50 / Section 50.390
50.390 Officers to settle with county commission.
Status: in_force

50.390. Officers to settle with county commission. — All county officers and other persons chargeable with moneys belonging to any county shall render their accounts to and settle with the county commission in the manner and at the time prescribed by law.

(RSMo 1939 § 13815, A. 1949 H.B. 2007) Prior revisions: 1929 § 12153; 1919 § 9551; 1909 § 3772
Mo. Rev. Stat. § 589.035 — MO Code / Chapter 589 / Section 589.035
589.035 Center to be separate entity within department — effective date.
Status: in_force

589.035. Center to be separate entity within department — effective date. — The director shall transfer the state center for the prevention and control of sexual assault as created pursuant to section 589.030 from the committee on criminal justice to a status as a separate entity within the department to more effectively aid and assist victims of sexual assault crimes.

(L. 1981 H.B. 41, et al. § 13) Effective 1-01-83