FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 355.726 — MO Code / Chapter 355 / Section 355.726
355.726 Judicial dissolution.
Status: in_force

355.726. Judicial dissolution. — 1. The circuit court may dissolve a corporation:

(1) In a proceeding by the attorney general if it is established that:

(a) The corporation obtained its articles of incorporation through fraud;

(b) The corporation has continued to exceed or abuse the authority conferred upon it by law;

(c) The corporation is a public benefit corporation other than a church or convention or association of churches and the corporate assets are being misapplied or wasted; or

(d) The corporation is a public benefit corporation other than a church or convention or association of churches and is no longer able to carry out its purposes;

(2) Except as provided in the articles or bylaws of a public benefit corporation which is a church or convention or association of churches, in a proceeding by fifty members or members holding five percent of the voting power, whichever is less, or by a director or any person specified in the articles, if it is established that:

(a) The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to breach the deadlock;

(b) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent;

(c) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired;

(d) The corporate assets are being misapplied or wasted; or

(e) The corporation is a public benefit corporation and is no longer able to carry out its purposes;

(3) In a proceeding by a creditor if it is established that:

(a) The creditor's claim has been reduced to a judgment, the execution on the judgment returned unsatisfied and the corporation is insolvent; or

(b) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or

(4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision.

2. Prior to dissolving a corporation, the court shall consider whether:

(1) There are reasonable alternatives to dissolution;

(2) Dissolution is in the public interest, if the corporation is a public benefit corporation other than a church or convention or association of churches;

(3) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 452.1240 — MO Code / Chapter 452 / Section 452.1240
452.1240 Content of temporary custody order.
Status: in_force

452.1240. Content of temporary custody order. — 1. An order granting custodial responsibility under sections 452.1224 to 452.1244 must:

(1) Designate the order as temporary; and

(2) Identify to the extent feasible the destination, duration, and conditions of the deployment.

2. If applicable, an order for custodial responsibility under sections 452.1224 to 452.1244 must:

(1) Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;

(2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;

(3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;

(4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;

(5) Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and

(6) Provide that the order will terminate pursuant to sections 452.1246 to 452.1252 after the deploying parent returns from deployment.

(L. 2024 S.B. 912)
Mo. Rev. Stat. § 364.120 — MO Code / Chapter 364 / Section 364.120
364.120 Interest or discount, amount allowed, computation — prepayment of ...
Status: in_force

364.120. Interest or discount, amount allowed, computation — prepayment of obligation — refund credit, calculation. — 1. A premium finance company shall not charge, contract for, receive, or collect any interest or discount charge other than as permitted by sections 364.100 to 364.160 .

2. The interest or discount is to be computed on the balance of the premiums due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance contract, for which the premiums are being advanced, to and including the date when the final installment of the premium finance agreement is payable.

3. The interest or discount shall be a maximum of fifteen dollars per one hundred dollars per year, which shall be computed as a fifteen percent add-on interest rate, plus an additional service charge of ten dollars per premium finance agreement which need not be refunded on cancellation or prepayment; except that, if the insurance premiums being financed are for other than personal, family or household purposes, the parties to the premium finance agreement may agree to any rate of interest which shall be stated in the premium finance agreement. The interest or discount permitted by this subsection anticipates timely repayment in consecutive monthly installments equal in amount for a period of one year. For repayment in greater or lesser periods or in unequal, irregular, or other than monthly installments, the interest or discount may be computed at an equivalent effective rate having due regard for the timely payments of installments.

4. Notwithstanding the provisions of any premium finance agreement, any insured may prepay the obligation in full at any time and shall receive a refund credit. The amount of the refund shall be calculated by the actuarial method of calculating refunds and no more interest shall be retained by the lender than is actually earned.

(L. 1984 S.B. 686 § 5, A.L. 1986 H.B. 1207, A.L. 2002 S.B. 895) Effective 7-01-03
Mo. Rev. Stat. § 436.239 — MO Code / Chapter 436 / Section 436.239
436.239 Application fee — athlete agent fund created — rulemaking authority.
Status: in_force

436.239. Application fee — athlete agent fund created — rulemaking authority. — 1. An application for registration or renewal of registration shall be accompanied by a fee which shall be determined by the director and established by rule. All fees payable under the provisions of this section shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the fund to be known as the "Athlete Agent Fund" which is hereby established. The provisions of section 33.080 to the contrary notwithstanding, money in the athlete agent fund shall not be transferred and placed to the credit of general revenue until the amount in the athlete agent fund at the end of the biennium exceeds two times the amount of the appropriations from such fund for the preceding fiscal year or, if the director allows renewal of registration less frequently than yearly, then three times the appropriations from such fund for the preceding fiscal year; provided that no amount from such fund may be transferred to the credit of general revenue earlier than August 28, 2006. The amount if any which may be transferred to the credit of general revenue after August 28, 2006, is that amount in the athlete agent fund which exceeds the appropriate multiple of the appropriations from such fund for the preceding fiscal year.

2. The director may promulgate rules to authorize and file athlete agent documents as that term is defined in section 536.010 . Any rule promulgated under the authority 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 under 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, 2003, shall be invalid and void.

(L. 2004 S.B. 1122)
Mo. Rev. Stat. § 287.530 — MO Code / Chapter 287 / Section 287.530
287.530 Commission or division may commute compensation, when and how.
Status: in_force

287.530. Commission or division may commute compensation, when and how. — 1. The compensation provided in this chapter may be commuted by the division or the commission and redeemed by the payment in whole or in part, by the employer, of a lump sum which shall be fixed by the division or the commission, which sum shall be equal to the commutable value of the future installments which may be due under this chapter, taking account of life contingencies, the payment to be commuted at its present value upon application of either party, with due notice to the other, if it appears that the commutation will be for the best interests of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, or that the employee or dependent has removed or is about to remove from the United States or that the employer has sold or otherwise disposed of the greater part of his business or assets.

2. In determining whether the commutation asked for will be for the best interest of the employee or the dependents of the deceased employee, or so that it will avoid undue expense or undue hardship to either party, the division or the commission will constantly bear in mind that it is the intention of this chapter that the compensation payments are in lieu of wages and are to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid. Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circumstances warrant such a departure.

(RSMo 1939 § 3736, A.L. 1965 p. 397, A.L. 1998 H.B. 1237, et al.) Prior revision: 1929 § 3346 (1971) Industrial Commission was without authority to delegate duty of determining amount of lump sum settlement and expressing it in terms of a money award as this was judicial function of the commission. American Oil Co. v. Pierce (A.), 472 S.W.2d 458.
Mo. Rev. Stat. § 104.230 — MO Code / Chapter 104 / Section 104.230
104.230 Legal services to be rendered by whom.
Status: in_force

104.230. Legal services to be rendered by whom. — The chief counsel of the state highways and transportation commission may furnish whatever legal services shall be necessary and may call upon the attorney general, who shall furnish such services as may be requested.

(L. 1955 p. 718 § 13)
Mo. Rev. Stat. § 287.021 — MO Code / Chapter 287 / Section 287.021
287.021 Sheriffs and deputy sheriffs to be covered by workers' compensation — ...
Status: in_force

287.021. Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined. — 1. As used in this chapter, the term "employee" includes a sheriff or deputy sheriff and the term "employer" includes a county in regard to a sheriff or deputy sheriff.

2. Each county shall provide workers' compensation insurance in an insurance group licensed to write workers' compensation insurance in this state, or a city also recognized as a county may have at all times sufficient self-insurance coverage, so that all sheriffs and deputy sheriffs in the county or self-insured city recognized as a county will be covered.

3. The "average earnings" of a sheriff or deputy sheriff is his annual salary, or fourteen dollars per day, whichever is greater.

4. The provisions of this section shall not be construed to create any tort liability upon a county or to impose any duty upon a county other than complying with this chapter in relation to sheriffs and deputy sheriffs.

(L. 1973 H.B. 534 § 1, A.L. 1980 H.B. 1396, H.B. 1596)
Mo. Rev. Stat. § 523.210 — MO Code / Chapter 523 / Section 523.210
523.210 Agencies authorized to establish rules and regulations.
Status: in_force

523.210. Agencies authorized to establish rules and regulations. — All public agencies are authorized and directed to establish such policies, rules, and regulations as may be necessary to eliminate discrimination in assistance given to displaced persons as provided in the preceding section.

(L. 1971 H.B. 94 § 3)
Mo. Rev. Stat. § 409.838 — MO Code / Chapter 409 / Section 409.838
409.838 Service of process, appointment of commissioner as agent for service.
Status: in_force

409.838. Service of process, appointment of commissioner as agent for service. — 1. Every applicant for registration under sections 409.800 to 409.863 shall file with the commissioner, in such form as he by rule prescribes, an irrevocable consent appointing the commissioner, or his successor in office, to be his attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him, or his successor executor or administrator, which arises under sections 409.800 to 409.863 , or any rule or order promulgated or issued under sections 409.800 to 409.863 , after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless:

(1) The plaintiff, who may be the commissioner in a suit, action, or proceeding instituted by him, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last address on file with the commissioner; and

(2) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

2. When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by sections 409.800 to 409.863 , or any rule or order of the commissioner, the engaging in such conduct shall constitute the appointment of the commissioner as such person's attorney to receive service of any lawful process in a noncriminal proceeding against such person, his successor, or personal representative, which grows out of that conduct and which is brought under sections 409.800 to 409.863 or any rule or order of the commissioner with the same force and validity as if served personally.

3. Service under subsection 1 of this section may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless:

(1) The plaintiff, who may be the commissioner in a suit, action or proceeding instituted by him, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last address known to the commissioner; and

(2) The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(L. 1985 H.B. 409 & 532 § 16)
Mo. Rev. Stat. § 620.3525 — MO Code / Chapter 620 / Section 620.3525
620.3525 Prohibited acts.
Status: in_force

620.3525. Prohibited acts. — No eligible business that receives a qualified investment under the provisions of sections 620.3500 to 620.3530 , or any affiliates of such eligible businesses, shall directly or indirectly:

(1) Own or have the right to acquire an ownership interest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by the rural fund; or

(2) Loan to or invest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by a rural fund, where the proceeds of such loan or investment are directly or indirectly used to fund or refinance the purchase of a capital investment under sections 620.3500 to 620.3530 .

(L. 2024 S.B. 802) Sunset date 8-28-30, see § 620.3530 Termination date 9-01-31, see § 620.3530
Mo. Rev. Stat. § 205.110 — MO Code / Chapter 205 / Section 205.110
205.110 Qualifications of employees.
Status: in_force

205.110. Qualifications of employees. — The qualifications of all persons employed in the operation of said health center shall be at least equal to the minimum standard of qualifications as set forward by the department of health or its successors for positions of like importance and responsibilities.

(L. 1945 p. 969 § 6)
Mo. Rev. Stat. § 243.410 — MO Code / Chapter 243 / Section 243.410
243.410 County treasurer to be custodian of district funds — duties.
Status: in_force

243.410. County treasurer to be custodian of district funds — duties. — 1. The treasurer of the county in which a drainage district is located shall act as treasurer of the district and shall be the custodian of the funds of the district, except as otherwise provided in this chapter.

2. He shall receive and receipt for all such funds and shall enter into a separate bond for each district in the county in a sum to be fixed by the county commission, not less than the probable amount of funds of said district to be in his possession at any one time. Such bond shall be payable to the district, shall be approved by the county commission, shall be signed by two or more residents of the county or by a surety company authorized to transact business in the state and shall be conditioned for the faithful and prompt disbursement according to law of all such funds as shall from time to time be in his possession. The premium on such bond may be paid by the district.

3. Except as otherwise provided in this chapter, the treasurer shall keep all district funds received by him deposited in a bank or banks selected in the same manner and at the same time that the depositary for county funds is selected. All interest accruing on district funds shall be credited to the district and any premium on a surety bond may be paid by the district.

(RSMo 1939 § 12422, A.L. 1990 H.B. 1070) Prior revisions: 1929 § 10832; 1919 § 4500; 1909 § 5634
Mo. Rev. Stat. § 52.050 — MO Code / Chapter 52 / Section 52.050
52.050 Failure to give bond — penalty.
Status: in_force

52.050. Failure to give bond — penalty. — If any collector shall neglect or refuse to give bond, as required by section 52.020 , his office shall, immediately upon such neglect or refusal, be vacant.

(RSMo 1939 § 11058) Prior revisions: 1929 § 9887; 1919 § 12879; 1909 § 11436
Mo. Rev. Stat. § 375.1100 — MO Code / Chapter 375 / Section 375.1100
375.1100 Powers of director.
Status: in_force

375.1100. Powers of director. — The director may make use of any of the powers established under chapters 374 to 385 to enforce the laws of this state not specifically preempted by the Risk Retention Act of 1986, including the director's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings or litigation, the director can rely on the procedural laws of this state. The injunctive authority of the director, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.

(L. 1991 H.B. 385, et al. § 33)
Mo. Rev. Stat. § 408.120 — MO Code / Chapter 408 / Section 408.120
408.120 Interest computed and paid, how.
Status: in_force

408.120. Interest computed and paid, how. — The total interest for payment according to schedule may be added to the principal of the loan, but interest shall not be discounted or deducted from the principal of the loan, or paid or received at the time the loan is made, and shall not be compounded. Loan contracts may be calculated and repaid as follows:

(1) A loan contract may provide for repayment in consecutive monthly installments, but the first installment may be payable at any time within forty-five days from the date of the loan and no installment shall be substantially greater than any other installment. Interest for any fractional portion of a month may be computed for each elapsed day at one-thirtieth of the monthly rate contracted for.

(2) A loan contract may provide for repayment as the parties may agree; however, any such loan contract shall provide for the payment of simple interest on such loans at rates not to exceed those authorized by sections 408.100 and 408.200 .

(L. 1951 p. 875 § 408.032(a), A.L. 1981 S.B. 326)
Mo. Rev. Stat. § 36.120 — MO Code / Chapter 36 / Section 36.120
36.120 Changes in or reallocation of positions.
Status: in_force

36.120. Changes in or reallocation of positions. — 1. Before establishing a new position in divisions of the service subject to this chapter pursuant to subsection 1 of section 36.030 or any new position in a department or agency of the executive branch of state government subject to this section pursuant to section 36.031 , or before making any permanent and substantial change of the duties, authority or responsibilities of any such position, an appointing authority shall notify the director in writing of the appointing authority's intention to do so, except where the positions may be allocated by the appointing authority.

2. The director may at any time allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan.

3. When the allocation of a position to a class is changed, the director shall notify the appointing authority. If allocation authority is delegated, the appointing authority shall notify the director of any changes in the allocation. If the position is filled at the time of reallocation to a class, the appointing authority shall immediately notify the incumbent of the position regarding the allocation change. If the incumbent does not agree with the new allocation, the incumbent may submit to the director a request for a review of the allocation of the position.

4. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or classes are combined, the director shall forthwith reallocate the positions affected to their appropriate classes in the amended classification plan. An employee who is occupying a position reallocated to a different class shall, subject to the regulations, be given the same status in the new class as previously held in the class from which his or her position is reallocated.

5. The director is authorized to make such changes in the class title or in the statement of duties and qualifications for a new class as the director finds necessary for current maintenance of the classification plan.

(L. 1945 p. 1157 § 13, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
Mo. Rev. Stat. § 476.550 — MO Code / Chapter 476 / Section 476.550
476.550 Not eligible for benefits while retired under other plan.
Status: in_force

476.550. Not eligible for benefits while retired under other plan. — Any person retiring from office under the provisions of Section 27 of Article V of the Constitution of Missouri shall not be eligible for retirement compensation under sections 476.515 to 476.570 during the period of his compensation under such constitutional provisions, but upon the completion of such period he shall become eligible for retirement compensation under sections 476.515 to 476.570 if he be otherwise qualified as to age and length of service.

(L. 1971 S.B. 132 § 8)