reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.504 - Court clerks to furnish petitioners with uniform forms and information to litigants having no counsel on procedure, filing forms and pleadings — services of clerks and location of office to file petition to be posted — rules — no fees required — guardian ad litem or CASA to be provided copy of petition.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2003, 2 histories
455.504. Court clerks to furnish petitioners with uniform forms and information to litigants having no counsel on procedure, filing forms and pleadings — services of clerks and location of office to file petition to be posted — rules — no fees required — guardian ad litem or CASA to be provided copy of petition. —
1. The clerk of the court shall make available to the petitioner the uniform forms adopted by the supreme court pursuant to section 455.073. Except as provided in section 455.510, clerks under the supervision of a circuit clerk shall explain to litigants not represented by counsel the procedures for filing all forms and pleadings necessary for the presentation of their petition filed pursuant to the provisions of sections 455.500 to 455.538 to the court. Notice of the fact that clerks will provide such assistance shall be conspicuously posted in the clerks' offices. The location of the office where a petition can be filed shall be conspicuously posted in the court building. The performance of duties prescribed in this section shall not constitute the practice of law as defined in section 484.010. All duties of the clerk prescribed in this section shall be performed without cost to the litigants. The supreme court may promulgate rules as necessary to govern conduct of court clerks under sections 455.500 to 455.538, and shall provide forms for petitions and written instructions on filling out all forms and pleadings necessary for the presentation of the petition to the court.
2. No filing fees, court costs, or bond shall be assessed to the petitioner in an action commenced under sections 455.500 to 455.538.
3. The clerk shall immediately notify the guardian ad litem or court-appointed special advocate of appointment and shall provide such guardian or advocate with a copy of the petition for the order of protection for the child. The clerk shall provide such guardian or advocate with the names, addresses, and telephone numbers of the parties within twenty-four hours of entry of the order appointing the guardian ad litem or court-appointed special advocate.
­­--------
(L. 1995 S.B. 174, A.L. 2002 H.B. 1814, A.L. 2003 H.B. 613)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.505 - Relief may be sought for child for domestic violence, stalking, or sexual assault — order of protection effective, where.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2015, 3 histories
455.505. Relief may be sought for child for domestic violence, stalking, or sexual assault — order of protection effective, where. —
1. An order of protection for a child who has been subject to domestic violence by a present or former household member or sexual assault or stalking by any person may be sought under sections 455.500 to 455.538 by the filing of a verified petition alleging such domestic violence, stalking, or sexual assault by the respondent.
2. A child's right to relief under sections 455.500 to 455.538 shall not be affected by the child's leaving the residence or household to avoid domestic violence.
3. Any protection order issued pursuant to sections 455.500 to 455.538 shall be effective throughout the state in all cities and counties.
­­--------
(L. 1987 H.B. 598 § 4, A.L. 1995 S.B. 174, A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.510 - Filings — information required from petitioner.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 15 May 1996, see footnote
455.510. Filings — information required from petitioner. —
1. When the court is unavailable after business hours or on holidays or weekends, a verified petition for protection from abuse or a motion for hearing on violation of any order of protection under sections 455.500 to 455.538 may be filed before any available court in the city or county having jurisdiction to hear the petition. An ex parte order may be granted pursuant to section 455.513.
2. All papers in connection with the filing of a petition or the granting of an ex parte order of protection or a motion for a hearing on a violation of an order of protection under this section shall be certified by such court or the clerk within the next regular business day to the circuit court having jurisdiction to hear the petition.
3. A petitioner seeking a protection order for a child shall not be required to reveal any current address or place of residence of the child except to the court in camera for the purpose of determining jurisdiction and venue. The petitioner may be required to provide a mailing address unless the petitioner alleges that the child would be endangered by such disclosure, or that other household members would be endangered by such disclosure.
­­--------
(L. 1987 H.B. 598 § 6, A.L. 1996 H.B. 1619)
Effective 5-15-96
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.513 - Ex parte orders, issued immediately, when — for good cause shown, defined — investigation by children's division, when — report due when, available to whom — transfer to juvenile court, when.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2021, 5 histories
455.513. Ex parte orders, issued immediately, when — for good cause shown, defined — investigation by children's division, when — report due when, available to whom — transfer to juvenile court, when. —
1. The court may immediately issue an ex parte order of protection upon the filing of a verified petition under sections 455.500 to 455.538, for good cause shown in the petition, and upon finding that:
(1) No prior order regarding custody involving the respondent and the child is pending or has been made; or
(2) The respondent is less than seventeen years of age.
­­An immediate and present danger of domestic violence, including danger to the child's pet, stalking, or sexual assault to a child shall constitute good cause for purposes of this section. An ex parte order of protection entered by the court shall be in effect until the time of the hearing. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief pursuant to section 455.505.
2. Upon the entry of the ex parte order of protection, the court shall enter its order appointing a guardian ad litem or court-appointed special advocate to represent the child victim.
3. If the allegations in the petition would give rise to jurisdiction under section 211.031, the court may direct the children's division to conduct an investigation and to provide appropriate services. The division shall submit a written investigative report to the court and to the juvenile officer within thirty days of being ordered to do so. The report shall be made available to the parties and the guardian ad litem or court-appointed special advocate.
4. If the allegations in the petition would give rise to jurisdiction under section 211.031 because the respondent is less than seventeen years of age, the court may issue an ex parte order and shall transfer the case to juvenile court for a hearing on a full order of protection. Service of process shall be made pursuant to section 455.035.
­­--------
(L. 1987 H.B. 598 § 7, A.L. 1989 H.B. 502, et al., A.L. 1995 S.B. 174, A.L. 1996 H.B. 1619, A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2018 S.B. 871, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.520 - Temporary relief available — ex parte orders.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2021, 4 histories
455.520. Temporary relief available — ex parte orders. —
1. Any ex parte order of protection granted under sections 455.500 to 455.538 shall be to protect the victim from domestic violence, including danger to the child's pet, stalking, or sexual assault and may include such terms as the court reasonably deems necessary to ensure the victim's safety, including but not limited to:
(1) Restraining the respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim;
(2) Restraining the respondent from entering the family home of the victim except as specifically authorized by the court;
(3) Restraining the respondent from communicating with the victim in any manner or through any medium, except as specifically authorized by the court;
(4) A temporary order of custody of minor children;
(5) A temporary order of possession of pets where appropriate.
2. No ex parte order of protection excluding the respondent from the family home shall be issued unless the court finds that:
(1) The order is in the best interests of the child or children remaining in the home;
(2) The verified allegations of domestic violence present a substantial risk to the child or children unless the respondent is excluded; and
(3) A remaining adult family or household member is able to care adequately for the child or children in the absence of the excluded party.
­­--------
(L. 1987 H.B. 598 § 9, A.L. 2011 S.B. 320, A.L. 2013 H.B. 215, A.L. 2015 S.B. 321 merged with S.B. 341, A.L. 2021 S.B. 53 & 60 merged with S.B. 71)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.524 - Jurisdiction for orders — compliance review hearings permitted — remedies for enforcement of orders.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2005
455.524. Jurisdiction for orders — compliance review hearings permitted — remedies for enforcement of orders. —
1. The court shall retain jurisdiction over the full order of protection issued under sections 455.500 to 455.538 for its entire duration. The court may schedule compliance review hearings to monitor the respondent's compliance with the order.
2. The terms of the child order of protection issued under this chapter are enforceable by all remedies available at law for the enforcement of a judgment, and the court may punish a respondent who willfully violates the child order of protection to the same extent as provided by law for contempt of the court in any suit or proceeding cognizable by the court.
­­--------
(L. 2005 S.B. 420 & 344)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.526 - Assignment of wages.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 1995
455.526. Assignment of wages. —
The court may order the person obligated to pay support or maintenance to make an assignment of a part of his periodic earnings or other income to the person entitled to receive the payments in accordance with chapter 452.
­­--------
(L. 1987 H.B. 598 § 11, A.L. 1995 S.B. 174)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.528 - Modification of orders, who may file, when — termination — order not res judicata, when.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 1995
455.528. Modification of orders, who may file, when — termination — order not res judicata, when. —
1. After notice to the parties and the guardian ad litem or court-appointed special advocate and hearing, the court may modify an order of protection of a child at any time, upon subsequent motion filed by either party, the guardian ad litem, or the court-appointed special advocate together with an affidavit showing a change in circumstances sufficient to warrant the modification. All full orders of protection of a child shall be final orders and appealable and shall be for a fixed period of time not to exceed one hundred eighty days except as otherwise provided herein.
2. Any order for child support, custody, temporary custody, visitation or maintenance entered under sections 455.500 to 455.538 shall terminate prior to the time fixed in the order upon the issuance of a subsequent order pursuant to chapter 452, or any other Missouri statute.
3. No order entered pursuant to sections 455.500 to 455.538 shall be res judicata to any subsequent proceeding, including, but not limited to, any action brought under chapter 452.
­­--------
(L. 1987 H.B. 598 § 12, A.L. 1995 S.B. 174)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.530 - Grounds for modification of orders.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 1987
455.530. Grounds for modification of orders. —
1. Provisions of any order respecting maintenance or support may be modified only as to installments occurring subsequent to the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.
2. Provisions of any order respecting custody may be modified only if the court finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child.
3. Provisions of any order respecting visitation may be modified when the modification would serve the best interests of the child.
­­--------
(L. 1987 H.B. 598 § 13)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.534 - Proceedings independent of others.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 1987
455.534. Proceedings independent of others. —
All proceedings under sections 455.500 to 455.538 are independent of any proceedings for dissolution of marriage, legal separation, separate maintenance and other actions between the parties and are in addition to any other available civil or criminal remedies, unless otherwise specifically provided in sections 455.500 to 455.538.
­­--------
(L. 1987 H.B. 598 § 14)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.536 - Costs of legal fees.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 1987
455.536. Costs of legal fees. —
The court may order a respondent to pay a reasonable amount for the cost to the petitioner of maintaining any proceeding under sections 455.500 to 455.538 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment.
­­--------
(L. 1987 H.B. 598 § 15)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.543 - Homicides or suicides, determination of domestic violence, factors to be considered — reports made to highway patrol, forms.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2016, 2 histories
455.543. Homicides or suicides, determination of domestic violence, factors to be considered — reports made to highway patrol, forms. —
1. In any incident investigated by a law enforcement agency involving a homicide or suicide, the law enforcement agency shall make a determination as to whether the homicide or suicide is related to domestic violence.
2. In making such determination, the local law enforcement agency may consider a number of factors including, but not limited to, the following:
(1) If the relationship between the perpetrator and the victim is or was that of a family or household member;
(2) Whether the victim or perpetrator had previously filed for an order of protection;
(3) Whether any of the subjects involved in the incident had previously been investigated for incidents of domestic violence; and
(4) Any other evidence regarding the homicide or suicide that assists the agency in making its determination.
3. After making a determination as to whether the homicide or suicide is related to domestic violence, the law enforcement agency shall forward the information required to the Missouri state highway patrol on a form or format approved by the patrol. The required information shall include the gender and age of the victim, the type of incident investigated, the disposition of the incident and the relationship of the victim to the perpetrator. The state highway patrol shall develop a form for this purpose which shall be distributed by the department of public safety to all law enforcement agencies by October 1, 2000.
­­--------
(L. 1998 H.B. 1918, A.L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2016 S.B. 732 merged with S.B. 921)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.545 - Annual report by highway patrol.

Title XXX DOMESTIC RELATIONS
Chapter 455
Effective - 28 Aug 2016, 2 histories
455.545. Annual report by highway patrol. —
The highway patrol shall compile an annual report of homicides and suicides related to domestic violence. Such report shall be presented by March first of the subsequent year to the governor, speaker of the house of representatives, and president pro tempore of the senate.
­­--------
(L. 1998 H.B. 1918, A.L. 2000 H.B. 1677, et al., A.L. 2016 S.B. 732 merged with S.B. 921)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.547 - Good faith immunity for reporters.

Title XXX DOMESTIC RELATIONS
Chapter 455
Effective - 28 Aug 1998
455.547. Good faith immunity for reporters. —
Any employee of a law enforcement agency who, in good faith, completes and sends a form pursuant to section 455.543 shall be immune from liability.
­­--------
(L. 1998 H.B. 1918)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 455 - Abuse — Adults and Children — Shelters and Protective Orders › Section 455.549 - Court-appointed batterer intervention, credentialing process, rulemaking authority.

Title XXX DOMESTIC RELATIONS
Chapter 455
• Effective - 28 Aug 2011
455.549. Court-appointed batterer intervention, credentialing process, rulemaking authority. —
1. The division of probation and parole within the department of corrections shall promulgate rules to establish standards and to adopt a credentialing process for any court-appointed batterer intervention program.
2. 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, 2011, shall be invalid and void.
­­--------
(L. 2011 S.B. 320)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.001 - Bequests or transfer to spouse, valuation of.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.001. Bequests or transfer to spouse, valuation of. —
1. If an instrument providing for a pecuniary bequest or transfer to or for the benefit of the spouse of the testator or transferor requires or permits the satisfaction of such bequest or transfer wholly or partly by the distribution of property valued at some date or on some basis other than its fair market value at the time of distribution, and does not require that such bequest or transfer be satisfied by the distribution of assets, including cash, having an aggregate fair market value on the date or dates of distribution amounting to no less than the amount of such bequest or transfer, then in such case, the provisions of the instrument notwithstanding, any property distributed in satisfaction of such bequest or transfer shall have an aggregate fair market value on the date of distribution fairly reflecting the distributee's proportionate share of the appreciation or depreciation in value to the date of distribution of all property then available for distribution.
2. If, in any instrument which provides for a pecuniary bequest or transfer, the personal representative or trustee is empowered to satisfy such bequest or transfer by distribution of property in kind, and the instrument is silent as to the value to be given to property distributed in kind, any property distributed in satisfaction of the bequest or transfer shall be valued at the fair market value thereof on the date of distribution.
3. The phrase
"pecuniary bequest or transfer"
, as used in this section, means a bequest or transfer either in a stated amount or in an amount determined by the use of a formula.
4. This section shall be effective with respect to wills and revocable inter vivos trusts executed or created before or after October 13, 1969, by persons who die on or after said date, and to irrevocable inter vivos trusts which are created on or after October 13, 1969.
­­--------
(L. 1969 S.B. 90 §§ 1, 2, 3, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.015
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.003 - Absence of active duties not to curtail powers of trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.003. Absence of active duties not to curtail powers of trustee. —
When the terms of an instrument creating a trust manifest intention that the trustee shall have the legal fee simple in land, the full legal ownership of an estate for years, or the absolute legal ownership of chattels personal, investment securities or choses in action, an exercise by the trustee or a successor trustee of an express or implied power of sale, mortgage, leasing, improvement or conducting any other transaction incident to the administration of the trust, shall bind the fee simple, term of years or absolute ownership notwithstanding the execution of a future interest under the trust into a legal estate or interest by the operation of the Statute of Uses, or former section 456.003, or a judicial doctrine imposing such execution on dry or passive trusts.
­­--------
(RSMo 1939 § 3493, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Prior revisions: 1929 § 3103; 1919 § 2262; 1909 § 2867
Transferred 2004; formerly 456.020
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.005 - Life insurance trusts.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.005. Life insurance trusts. —
Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or hereafter to be named beneficiary under an inter vivos trust shall be paid directly to the trustee or trustees and held and disposed of by the trustee or trustees as provided in the trust agreement or declaration of trust in writing made and in existence on the date of death of the insured, whether or not such trust or declaration of trust is amendable or revocable or both, or whether it may have been amended, and notwithstanding the reservation of any or all rights of ownership under the insurance policy or annuity contract; subject, however, to a valid assignment of any part of the proceeds. It is not necessary to the validity of such trust agreement or declaration of trust that it be funded or have a corpus other than the right, which need not be irrevocable, of the trustee or trustees named therein to receive such proceeds as beneficiary. A policy of life insurance or annuity contract may designate as beneficiary a trustee or trustees named or to be named by will if the designation is made in accordance with the provisions of the policy or contract whether or not the will is in existence at the time of the designation.
­­--------
(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.030.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.006 - Health savings account, trust may be created, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2018
456.006. Health savings account, trust may be created, when. —
1. Where a trust or custodial account constitutes a health savings account, as defined under 26 U.S.C. Section 223(d)(1)
*
, a trust may be created by any of the following:
(1) A transfer of moneys to the trustee or custodian holding such trust or custodial account;
(2) The documentation of the creation of such trust or custodial account in the records of the trustee or custodian holding such trust or custodial account; or
(3) The execution of a trust or custodial agreement with respect to such trust or custodial account.
2. In any case, a trust or custodial account shall be deemed to have been established on the first day on which the individual who is the beneficiary of such trust or custodial account is an eligible individual, as defined under 26 U.S.C. Section 223(c)(1), in that calendar year in which such trust or custodial account is created in accordance with this section.
­­--------
(L. 2018 H.B. 1250)
*Section "223(c)(1)" appears in original rolls, which is an incorrect reference.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.007 - Lessor, trustee of deposits by lessee, when — exception.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.007. Lessor, trustee of deposits by lessee, when — exception. —
1. Whenever any person, firm or corporation, engaged in the leasing of personal property, shall require a deposit or advance payment to be made by the lessee to bind the lessee to the performance of such contract, then such money so deposited, with any accruing interest thereon, shall, until returned or applied in accordance with the terms of such contract or agreement, continue to be the money of the person making the deposit and shall become and remain a trust fund in the possession of the person with whom such deposit shall be made, and the person, firm or corporation, receiving such deposit shall be the holder of such fund as trustee, and as the trustee as herein defined shall forthwith, and within seven days after the receipt of such trust fund, deposit the same in some bank or trust company in the county in which the cestui que trust shall reside or have his principal office or place of business, and such fund shall not be mingled with any other funds or assets of such trustee. Any person, firm or corporation receiving any money in trust, as herein defined, who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor; provided, however, that this section and section 456.009 shall not apply to such transactions where the property used or leased is delivered to lessee at time of agreement and remains in the actual and continuous possession of lessee during the term of such agreement.
2. Subsection 1 of this section shall not apply to any lease entered into by lessors which are banks, trust companies, savings and loan associations, savings banks and credit unions, their subsidiaries and affiliates, or to any other financial institutions as defined in subdivision (4) of section 381.410, or to other lessors in commercial lease transactions of at least twenty-five thousand dollars.
­­--------
(RSMo 1939 § 3540, A.L. 1999 S.B. 386, A.L. 2004 H.B. 1511)
Prior revision: 1929 § 3150
Transferred 2004; formerly 456.040
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.009 - Lessor liable for double amount of deposit so held in trust, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.009. Lessor liable for double amount of deposit so held in trust, when. —
Any person, firm or corporation being a trustee, as provided in section 456.007, who shall violate any of the provisions thereof, shall pay to the depositor a sum of money double the amount of the deposit or advance payment, which may be recovered in any court of competent jurisdiction, together with a reasonable attorney's fee to be fixed by the court and collected as other costs in the case. Any waiver or attempt to waive the provisions of section 456.007 and this section shall be void.
­­--------
(RSMo 1939 § 3541, A.L. 2004 H.B. 1511)
Prior revision: 1929 § 3151
Transferred 2004; formerly 456.050
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.011 - Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.011. Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation. —
A trust of real or personal property, or both, created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement plan, for the exclusive benefit of employees or self-employed persons, to which contributions are made by an employer, or employees, or both, or by self-employed persons, for the purpose of distributing to such employees or self-employed persons the earnings or the principal, or both earnings and principal of the fund so held in trust, shall not be deemed to be invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property; but such a trust may continue for such time as may be necessary to accomplish the purposes for which it may be created.
­­--------
(L. 1941 p. 716 § 3541-A, A.L. 1957 p. 868, A.L. 1959 S.B. 270, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.060
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.013 - Trusts for benefit of employees or self-employed persons — accumulation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004, 2 histories
456.013. Trusts for benefit of employees or self-employed persons — accumulation. —
The income arising from any property held in a trust created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement plan for the exclusive benefit of employees or self-employed persons to which contributions are made by an employer or employees, or both, or by self-employed persons, for the purpose of distributing in accordance with such plan to such employees or self-employed persons the earnings or the principal or both earnings and principal of the trust fund, may be permitted to accumulate until the fund shall be sufficient to accomplish the purposes of such plan.
­­--------
(L. 1941 p. 716 § 3541-B, A.L. 1957 p. 868, A.L. 1959 S.B. 270, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.070.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.014 - Trust for benefit of employees — spendthrift trust, when — exempt from certain attachments, exception.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
• Effective - 28 Aug 2004
456.014. Trust for benefit of employees — spendthrift trust, when — exempt from certain attachments, exception. —
A trust created as part of a stock bonus plan, nonpublic pension plan, disability or death benefit plan, profit-sharing plan, or retirement plan, for the exclusive benefit of employees to which contributions are made by an employer, or participant, or both, for the purpose of distributing to such participant the earnings or the principal, or both earnings and principal of the fund so held in trust, shall be deemed to be a spendthrift trust if the plan or trust includes a provision restraining the assignment, alienation, or other voluntary or involuntary transfer of the interest of a participant in the trust. Prior to payment or delivery thereof to such participant by the plan trustee, such an interest of the participant shall be exempt from attachment or execution under the laws of this state, and such provision restraining the assignment, alienation, or other voluntary or involuntary transfer of the interest of a participant in the trust shall preclude any creditor of the participant from satisfying a claim from the assets or property of such a plan or trust before payment or delivery of such interest to the participant by the plan trustee, provided that the interest of any such participant shall be subject to attachment or execution pursuant to a qualified domestic relations order, as defined by Section 414(p) of the federal Internal Revenue Code, as amended, issued by a court in any proceeding for dissolution of marriage or legal separation or a proceeding for disposition of property following dissolution of marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of marital property at the time of the original judgment of dissolution.
­­--------
(L. 1992 S.B. 447, A.L. 2004 H.B. 1511 § 456.015)
Transferred 2004; formerly 456.072
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.017 - Applicability of sections 456.011, 456.013, and 456.014.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.017. Applicability of sections 456.011, 456.013, and 456.014. —
The provisions of sections 456.011, 456.013, and 456.014 shall apply to every trust of the kind described in such sections hereafter created or heretofore created or attempted to be created as if such sections had been effective on and after the date of the creation, or attempted creation, of each such trust.
­­--------
(L. 1957 p. 868, A.L. 1992 S.B. 447, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.075
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.021 - Addition to trusts.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.021. Addition to trusts. —
A devise or other transfer, the validity of which is determinable by the law of this state, may be made by a will or other instrument of transfer, including a designation of beneficiary under a life insurance policy, to the trustee or trustees of a trust established or to be established by the testator or transferor or by the testator or transferor and some other person or persons or by some other person or persons, including a funded or unfunded life insurance trust, although the settlor thereof has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will or the instrument of transfer and its terms are set forth in a written instrument. The devise or transfer shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will, the delivery of the instrument of transfer, or the death of the testator. Notwithstanding whether a devise or transfer is made before or after August 28, 1996, a devise or transfer is valid if the devise or transfer is made only to the name of the trust or if the devise or transfer is made to the name or names of the trustee or trustees as the trustee or trustees of the trust. Unless the testator's will or the instrument of transfer provides otherwise, the property so devised:
(1) Shall not be deemed to be held under a testamentary trust of the testator or transferor but shall become a part of the trust to which it is given; and
(2) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator or transferor, regardless of whether made before or after the execution of the testator's will or the delivery of the instrument of transfer, and, if the testator's will or the instrument of transfer so provides, including any amendments to the trust made after the death of the testator or transferor. A revocation or termination of the trust before the death of the testator shall cause a devise to the trustees of that trust to lapse.
­­--------
(L. 1983 H.B. 117, A.L. 1996 H.B. 941, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.232
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.026 - Rule against perpetuities, trust subject to, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2022
456.026. Rule against perpetuities, trust subject to, when. —
For purposes of determining whether a trust that is subject to the rule against perpetuities violates said rule, if there is only one beneficiary of the trust who is entitled or eligible to receive distributions of income or principal from the trust, such beneficiary holds a general power of appointment over the trust, and no other person has a power to appoint any part of the trust to anyone other than the beneficiary, then the beneficiary has a vested interest in the trust, regardless of whether such general power is presently exercisable or is exercisable only at the powerholder's death.
­­--------
(L. 2022 S.B. 886)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.027 - Registration of trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.027. Registration of trust. —
1. The trustee of a trust having its principal place of administration in this state may register the trust in the probate division of the circuit court of the county wherein the principal place of administration is located.
2.
"Trust"
includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a resulting or constructive trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust."Trust" excludes other constructive and resulting trusts, guardianships, conservatorships, decedents' estates, and trust accounts with financial institutions in the name of one or more parties as trustee for one or more beneficiaries where the fiduciary relationship is established by the form of the account and the deposit agreement with the financial institution, and there is no subject of the trust other than the sums on deposit in such account. "Trust" also excludes custodial arrangements pursuant to chapter 404, the Missouri uniform gifts to minors law, paying and transfer agencies, business trusts providing for certificates to be issued to beneficiaries, investment trusts, common trust funds, voting trusts, security instruments or arrangements, liquidation trusts, trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, and any arrangements under which a person is nominee or escrowee for another.
3. Unless otherwise designated in the trust instrument, the
"principal place of administration of a trust"
is the trustee's usual place of business where the records pertaining to the trust are kept, or at the trustee's residence if he has no such place of business. In the case of cotrustees, the principal place of administration, if not otherwise designated in the trust instrument, is:
(1) The usual place of business of the corporate trustee if there is but one corporate cotrustee; or
(2) The usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one such person and no corporate cotrustee; and otherwise
(3) The usual place of business or residence of any of the cotrustees as agreed upon by them.
4.
"Professional fiduciary"
means an individual trustee who represents himself to the public as having specialized training, experience or skills in the administration of trusts.
5. The right to register under this section does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release of registration.
­­--------
(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.400
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.029 - Registration procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.029. Registration procedure. —
Such registration shall be accomplished by filing a statement, indicating the name and address of the trustee and acknowledging the trusteeship. The statement shall indicate whether the trust has been registered elsewhere and shall identify the trust:
(1) In the case of a testamentary trust, by the name of the testator and the date and place of domiciliary probate;
(2) In the case of a written inter vivos trust, by the name of each settlor and the original trustee and the date of the trust instrument; or
(3) In the case of an oral trust, by information identifying the settlor or other source of funds and describing the time and manner of the trust's creation and the terms of the trust, including the subject matter, beneficiaries and time of performance. A registration may be withdrawn by a similar statement.
­­--------
(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.410
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.031 - Records and certified copies.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.031. Records and certified copies. —
The clerk of the probate division of the circuit court shall keep a record for each trust so registered, including trust registration statements, petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to identify and obtain information about such registered trusts. Upon payment of the fees required by law the clerk must issue certified copies of any record or paper filed or recorded.
­­--------
(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.420
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 456 - Trusts and Trustees — The Uniform Trust Code › Section 456.033 - Effect of registration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 456
Effective - 28 Aug 2004
456.033. Effect of registration. —
1. By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding involving the internal affairs of the trust that may be initiated by any interested person while the trust remains registered. Notice of any such proceeding shall be delivered to the trustee or mailed to him by ordinary first-class mail at his address as listed in the registration statement or as thereafter reported to the court and to his address as then known to the petitioner.
2. To the extent of their interests in the trust, all beneficiaries of a trust registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings involving internal affairs of the trust, provided notice is given pursuant to section 472.100.
3.
"Interested persons"
include beneficiaries and any others having a property right in or claim against a trust estate which may be affected by a judicial proceeding. It also includes persons and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.
4.
"Internal affairs"
proceedings, without limitation, are those which involve interpretation or construction of the terms of the trust by declarations, instructions or judgments as to the existence, nonexistence and extent of rights, powers, privileges, immunities, duties, liabilities and remedies of trustees and beneficiaries in the administration and distribution of trusts, including but not limited to proceedings concerning:
(1) The qualifications, appointment, removal, indemnification, reimbursement, exoneration or surcharge of trustees;
(2) The imposition, change and release of requirements for trustees' bonds;
(3) The employment of agents and compensation to them and to trustees;
(4) The review and settlement of interim and final accounts;
(5) The propriety of investments or of principal and income allocations;
(6) The allowance of deviations from or modifications of trust terms;
(7) The ascertainment of beneficiaries or of beneficial interests;
(8) The requirements for release of registration or change of principal place of administration;
(9) The timing and quantity of distributions and dispositions of assets;
(10) The validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; and
(11) Terminations of trusts.
­­--------
(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.430