FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 87.170 — MO Code / Chapter 87 / Section 87.170
87.170 Conditions of retirement.
Status: in_force

87.170. Conditions of retirement. — Retirement of a member on a service retirement allowance shall be made by the board of trustees as follows:

(1) Any member may retire upon the member's written application to the board of trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing therefor, the member desires to be retired, if the member at the time so specified for such member's retirement has twenty-five years or more of service; except that a member who ceases to be a firefighter after twenty years or more of service may retire prior to the twenty-five years of service with a retirement allowance based on the member's years of service;

(2) Any member in service upon attaining the age of sixty, if qualifying for a service retirement allowance equal to seventy-five percent of the average final compensation, shall be retired forthwith; except that with respect to any member, the board shall not retire such member when the member attains sixty years of age or more merely because the member has attained that age unless the member so requests or the member has completed thirty or more years of service, even if a portion of such service is not creditable service pursuant to participation in the deferred retirement option plan prescribed by section 87.182 ;

(3) Any member who qualifies for a service retirement allowance of seventy-five percent or over and has not attained sixty years of age may be retained as a member until sixty years of age, with no increase in retirement allowance.

(L. 1943 p. 708 § 6, A.L. 1959 S.B. 134 § 86.513, A.L. 1967 1st Ex. Sess. p. 876, A.L. 1977 H.B. 308, A.L. 1983 H.B. 694 & 171, A.L. 1994 H.B. 1543, A.L. 1995 H.B. 260, et al. merged with S.B. 404, A.L. 1997 H.B. 590, A.L. 2001 S.B. 290)
Mo. Rev. Stat. § 351.492 — MO Code / Chapter 351 / Section 351.492
351.492 Appeal from denial of reinstatement.
Status: in_force

351.492. Appeal from denial of reinstatement. — 1. If the secretary of state denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation as provided in section 351.380 with a written notice that explains the reason or reasons for denial.

2. The corporation may appeal a denial of reinstatement as provided for in section 351.670 .

(L. 1990 H.B. 1432)
Mo. Rev. Stat. § 513.480 — MO Code / Chapter 513 / Section 513.480
513.480 If value exceeds limitation, owner may designate — proceedings.
Status: in_force

513.480. If value exceeds limitation, owner may designate — proceedings. — Whenever an execution shall be levied upon the real estate of any person, of which such homestead may be a part, or upon such part of any homestead as may be in excess of the limitation of the value thereof created in section 513.475 , such person shall have the right to designate and choose the part thereof to which the exemption created in section 513.475 shall apply, not exceeding the limited value; and upon such designation and choice, or in case of a refusal to designate or choose, the sheriff levying the execution shall appoint three disinterested appraisers, who shall, first being sworn to a faithful discharge of their duties, fix the location and boundaries of such homestead, and the sheriff shall then proceed with the levy of such execution upon the residue of such real estate as in other cases; and such proceedings in respect to the homestead shall be stated in the return upon such execution.

(RSMo 1939 § 609, A.L. 1982 S.B. 490) Prior revisions: 1929 § 609; 1919 § 5854; 1909 § 6705
Mo. Rev. Stat. § 375.147 — MO Code / Chapter 375 / Section 375.147
375.147 Managing general agents (MGA) — citation of law — definitions — law ...
Status: in_force

375.147. Managing general agents (MGA) — citation of law — definitions — law effective, when. — 1. Sections 375.147 to 375.153 may be cited as the "Managing General Agents Act".

2. Sections 375.147 to 375.153 shall take effect on July 1, 1991. No insurer may continue to utilize the services of a managing general agent after June 30, 1991, unless such utilization is in compliance with sections 375.147 to 375.153 .

3. As used in sections 375.147 to 375.153 , the following words and phrases shall mean:

(1) "Actuary" , a person who is a member in good standing of the American Academy of Actuaries;

(2) "Director" , the director of the department of commerce and insurance;

(3) "Insurer" , any person, firm, association or corporation duly licensed in this state as an insurance company pursuant to section 375.161 or 375.791 ;

(4) "Managing general agent" or "MGA" , any person, firm, association or corporation who manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premiums equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:

(a) Adjusts or pays claims in excess of an amount determined by the director. The threshold amount set by the director pursuant to this paragraph shall be applied equally to both domestic and foreign insurers; or

(b) Negotiates reinsurance on behalf of the insurer. Notwithstanding the above, the following persons shall not be considered as managing general agents for the purposes of sections 375.147 to 375.153 :

a. An employee of the insurer;

b. A manager of the United States branch of an alien insurer;

c. An underwriting manager which, pursuant to contract, manages all the insurance operation of the insurer, is under common ownership or control with the insurer, subject to the provisions of chapter 382 ;

d. A person holding a valid certificate of registration as an administrator and acting solely as an "administrator" as defined in section 376.1075 ; or

e. The attorney authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney;

(5) "Underwrite" , the authority to accept or reject risk on behalf of the insurer.

(L. 1990 H.B. 1739 §§ 5, 6, B, A.L. 1992 H.B. 1574, A.L. 1993 H.B. 709, A.L. 1999 H.B. 478)
Mo. Rev. Stat. § 306.565 — MO Code / Chapter 306 / Section 306.565
306.565 Fees — disposition.
Status: in_force

306.565. Fees — disposition. — All registration fees and other fees and money received by the director of revenue, pursuant to this law for registration of outboard motors, shall be paid into the state treasury to the credit of the general revenue fund.

(L. 1945 p. 1191 § 9, A. 1949 S.B. 1110)
Mo. Rev. Stat. § 477.405 — MO Code / Chapter 477 / Section 477.405
477.405 Judicial personnel, court to furnish guidelines for general assembly.
Status: in_force

477.405. Judicial personnel, court to furnish guidelines for general assembly. — On or before January 1, 2015, the supreme court of the state of Missouri shall recommend guidelines appropriate for use by the general assembly in determining the need for additional judicial personnel or reallocation of existing personnel in this state, and shall recommend guidelines appropriate for the evaluation of judicial performance. The guidelines shall be filed with the chairs of the house and senate judiciary committees, for distribution to the members of the general assembly, and the court shall file therewith annually * a report measuring and assessing judicial performance in the appellate and circuit courts of this state, including a judicial weighted workload model and a clerical weighted workload model.

(L. 1988 S.B. 425 § 4, A.L. 2013 H.B. 374 & 434 merged with S.B. 100) *Word "annually" does not appear in S.B. 100, 2013.
Mo. Rev. Stat. § 486.805 — MO Code / Chapter 486 / Section 486.805
486.805 Liability for damages by notary, surety, or employer of notary, when.
Status: in_force

486.805. Liability for damages by notary, surety, or employer of notary, when. — 1. A notary shall be liable to any person for all damages proximately caused that person by the notary's negligence, intentional violation of law, or official misconduct in relation to a notarization.

2. A surety for a notary's bond shall be liable to any person for damages proximately caused that person by the notary's negligence, intentional violation of law, or official misconduct in relation to a notarization during the bond term, but this liability shall not exceed the dollar amount of the bond or of any remaining bond funds that have not been disbursed to other claimants. Regardless of the number of claimants against the bond or the number of notarial acts cited in the claims, a surety's aggregate liability shall not exceed the dollar amount of the bond.

3. An employer of a notary shall be liable to any person for all damages proximately caused that person by the notary's negligence, intentional violation of law, or official misconduct in performing a notarization during the course of employment, if the employer directed, expected, encouraged, approved, or tolerated the notary's negligence, violation of law, or official misconduct either in the particular transaction or, impliedly, by the employer's previous action in at least one similar transaction involving any notary employed by the employer.

4. An employer of a notary shall be liable to the notary for all damages recovered from the notary as a result of any violation of law by the notary that was coerced by threat of the employer, if the threat, such as of demotion or dismissal, was made in reference to the particular notarization or, impliedly, by the employer's previous action in at least one similar transaction involving any notary employed by the employer. In addition, the employer is liable to the notary for damages caused the notary by demotion, dismissal, or other action resulting from the notary's refusal to engage in a violation of law or official misconduct.

5. Notwithstanding any other provision in this chapter to the contrary, for the purposes of this section "negligence" shall not include any good-faith determination made by the notary pursuant to the obligations imposed by subdivision (3) of subsection 1 of section 486.645 or subdivision (4) of subsection 1 of section 486.645 .

6. Recovery of damages against a notary, surety, or employer shall require that the notary's negligence, violation of law, or official misconduct be the proximate cause of the damages, although not required to be the sole cause.

7. This section shall also apply to electronic notaries performing electronic notarial acts and remote online notaries performing remote online notarial acts.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 65.480 — MO Code / Chapter 65 / Section 65.480
65.480 Action to enforce penalties and forfeitures — employment of counsel.
Status: in_force

65.480. Action to enforce penalties and forfeitures — employment of counsel. — The township trustee shall cause suit to be instituted in the name of the township for all penalties and forfeitures given by law to such township, in all cases where no other officer is specially directed to prosecute, and he may, with the consent of the township board, employ counsel to prosecute or defend any suit to which such township is a party such counsel fees to be paid out of the township funds not otherwise appropriated.

(RSMo 1939 § 13966) Prior revisions: 1929 § 12289; 1919 § 13202; 1909 § 11690
Mo. Rev. Stat. § 407.2020 — MO Code / Chapter 407 / Section 407.2020
407.2020 Definitions.
Status: in_force

407.2020. Definitions. — For purposes of sections 407.2020 to 407.2090 , the following terms mean:

(1) "Commercial transaction" , a transaction involving a motor vehicle in which the motor vehicle will primarily be used for business purposes rather than personal purposes;

(2) "Consumer" , an individual purchaser of a motor vehicle or a borrower under a finance agreement. The term "consumer" includes any borrower, as defined in section 407.2030 , or contract holder, as defined in section 407.2060 , as applicable;

(3) "Finance agreement" , a loan, retail installment sales contract, or lease for the purchase, refinancing, or lease of a motor vehicle;

(4) "Free-look period" , a period of time from the effective date of the motor vehicle financial protection product until the date the motor vehicle financial protection product may be cancelled without penalty, fees, or costs. This period of time shall not be shorter than thirty days;

(5) "Insurer" , an insurance company licensed, registered, or otherwise authorized to issue contractual liability insurance under the insurance laws of this state;

(6) "Motor vehicle" , any self-propelled or towed vehicle designed for personal or commercial use including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and related trailers;

(7) "Motor vehicle financial protection product" , an agreement that protects a consumer's financial interest in his or her current or future motor vehicle. The term "motor vehicle financial protection product" includes any debt waiver, as defined in section 407.2030 , and any vehicle value protection agreement, as defined in section 407.2060 ;

(8) "Person" , an individual, company, association, organization, partnership, business trust, or corporation, and every form of legal entity.

(L. 2023 S.B. 398)
Mo. Rev. Stat. § 486.1115 — MO Code / Chapter 486 / Section 486.1115
486.1115 Standards for remote online notarization, secretary's duties.
Status: in_force

486.1115. Standards for remote online notarization, secretary's duties. — 1. The secretary of state by rule shall develop and maintain standards for remote online notarization in accordance with sections 486.1100 to 486.1205 , including, but not limited to, standards for credential analysis and identity proofing. Such rules shall be subject to the limitations in section 486.830 .

2. In developing standards for remote online notarization, the secretary of state shall review and consider standards established by the National Association of Secretaries of State (NASS) or its successor agency, and national standard setting bodies, such as the Mortgage Industry Standards and Maintenance Organization (MISMO).

3. Before use by remote online notaries in this state, the secretary shall approve the software to be used in remote online notarial acts. The secretary may only approve remote online notarization software that, at a minimum:

(1) Records and archives the remote online session;

(2) Provides sufficient audio clarity and video resolution to enable the remote online notary and the principal to see and communicate to each other simultaneously through live, real time transmission;

(3) Provides reasonable security measures to prevent unauthorized access to:

(a) The live transmission of the audio-video communication;

(b) A recording of the audio-video communication;

(c) The verification methods and credentials used to verify the identity of the principal; and

(d) The electronic documents presented for electronic notarization;

(4) Utilizes video technology to be used in a remote electronic notarization session that provides sufficient high-definition for the notary to reasonably assess the principal's comprehension and volition;

(5) Permits the remote online notary to identify the principal to the remote online notary's satisfaction through a form of authentication that complies with section 486.1145 ;

(6) Permits the principal to identify the remote online notary to his or her satisfaction; and

(7) Presents the document being notarized as an electronic document.

4. Before being used by a remote online notary in this state, the secretary shall test and certify remote online notarization software. The expenses of any such testing shall be paid by the vendor of the software.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 407.1049 — MO Code / Chapter 407 / Section 407.1049
407.1049 Civil action, remedies.
Status: in_force

407.1049. Civil action, remedies. — In addition to the administrative relief provided in sections 407.1025 to 407.1049 , any motorcycle or all-terrain vehicle franchisee may bring an action in any court of competent jurisdiction against a motorcycle or all-terrain vehicle franchisor with whom the franchisee has a franchise, for an act or omission which constitutes an unlawful practice as defined in section 407.1034 to recover damages sustained by reason thereof, and, where appropriate, such motorcycle or all-terrain vehicle franchisee shall be entitled to injunctive relief, but the remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.

(L. 1998 H.B. 1055 § 9)
Mo. Rev. Stat. § 362.770 — MO Code / Chapter 362 / Section 362.770
362.770 Corporate existence of old merged into new company — title to property.
Status: in_force

362.770. Corporate existence of old merged into new company — title to property. — The corporate existence of the merging corporation or corporations shall be merged into that of receiving bank or trust company, or in the event of consolidation the corporate existence of the consolidating companies shall be merged into that of the consolidated bank or trust company; and all and singular the rights, privileges and franchises, and the rights, title and interest in and to all property of whatsoever kind, whether real, personal or mixed, and things in action, and every right, privilege, interest or asset of conceivable value or benefit then existing to which any of the corporations so merging or consolidating shall be entitled at law or in equity shall be fully and finally and without any right of reversion transferred to and vested in the receiving bank or trust company in case of merger or in the consolidated bank or trust company in case of a consolidation, without further act or deed, and the receiving corporation or the consolidated corporation shall have and hold the same in its own corporate right as fully as the same was possessed and held by either of the merging or consolidating corporations from which the rights were, by operation of the provisions of sections 362.610 to 362.810 , transferred.

(L. 1967 p. 445) (Source: RSMo 1959 § 363.930)
Mo. Rev. Stat. § 527.280 — MO Code / Chapter 527 / Section 527.280
527.280 Fees to be paid by petitioner.
Status: in_force

527.280. Fees to be paid by petitioner. — The fees for proceedings under sections 527.270 to 527.290 shall be the same as are now or may hereafter be allowed in similar cases in said court, to be paid by the petitioner.

(RSMo 1939 § 1707) Prior revisions: 1929 § 1543; 1919 § 1993; 1909 § 2557
Mo. Rev. Stat. § 92.400 — MO Code / Chapter 92 / Section 92.400
92.400 Definitions.
Status: in_force

92.400. Definitions. — The following words as used in sections 92.400 to 92.421 , shall have the following meaning unless a different meaning clearly appears from the context:

(1) "City" , any city having a population of over four hundred thousand in the state of Missouri located within an interstate transportation district containing a constitutional charter city having a population of over four hundred thousand and under six hundred thousand;

(2) "Director of revenue" , the director of revenue of the state of Missouri;

(3) "Interstate transportation authority" , any political subdivision created by compact between this state and another state, which is a body corporate and politic and a political subdivision of both contracting states, and which operates a public mass transportation system;

(4) "Interstate transportation district" , that geographical area set forth and defined in the particular compact between this state and another state;

(5) "Motor pool operations" , special transportation services provided by a city, or by an interstate transportation authority pursuant to a contract with a city, to certain residents of the city, including the transporting of elderly persons and persons with disabilities in accordance with standards and specifications of the United States Department of Transportation and any other federal agency or body charged with promulgating standards for persons with disabilities relating to the transportation of such persons;

(6) "Person" , an individual, corporation, partnership or other entity;

(7) "Public mass transportation system" , a transportation system or systems owned and operated by an interstate transportation authority, employing motor buses, rails or any other means of conveyance, by any type of power, operated for public use in the conveyance of persons, mainly providing local transportation service within an interstate transportation district, as set forth by the interstate compact between this state and another state.

(L. 1971 S.B. 147 § 1, A.L. 1973 H.B. 64, A.L. 1991 H.B. 29 merged with S.B. 119)
Mo. Rev. Stat. § 251.473 — MO Code / Chapter 251 / Section 251.473
251.473 Definitions.
Status: in_force

251.473. Definitions. — As used in sections 251.470 to 251.485 , the following terms mean:

(1) "City" , any city or town in this state with a population of fifty thousand or under;

(2) "Program" , the Missouri main street program, established under the provisions of sections 251.470 to 251.485 .

(L. 1988 H.B. 1223 & 1246 § 2)
Mo. Rev. Stat. § 407.838 — MO Code / Chapter 407 / Section 407.838
407.838 Definitions.
Status: in_force

407.838. Definitions. — As used in sections 407.838 to 407.848 , the following terms shall mean:

(1) "Farm equipment" , equipment including, but not limited to, tractors, trailers, combines, tillage implements, bailers and other equipment including attachments and repair parts thereof used in the planting, cultivating, irrigation, harvesting and marketing of agricultural products, excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway;

(2) "Farm equipment manufacturer" or "manufacturer" , any person, partnership, corporation, association or other form of business enterprise engaged in the manufacturing, assembly or wholesale distribution of farm equipment;

(3) "Farm equipment dealer" , "farm equipment dealership" or "dealer" , any person, partnership, corporation, association or other form of business enterprise engaged in the retail sale of farm equipment;

(4) "Dealership agreement" , a written or oral agreement of definite or indefinite duration between a farm equipment manufacturer and a farm equipment dealer which provides for the rights and obligations of the parties with respect to the purchase or sale of farm equipment.

(L. 1987 S.B. 35)