reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.697 - Injunctive relief, allowed when.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 1989
408.697. Injunctive relief, allowed when. —
In addition to any other remedy contained in sections 408.675 to 408.700, injunctive relief shall be available to require that the procedures of sections 408.675 to 408.700 are complied with. In the event of a successful action, costs together with reasonable attorney's fees as determined by the court may be recovered.
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(L. 1989 H.B. 82 § 16)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.699 - Statute of limitations, tolled when.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 1989
408.699. Statute of limitations, tolled when. —
If any individual files a motion or application under sections 408.655 and 408.675 to 408.700 which has the effect of delaying the access of a government authority to financial records pertaining to such individual, any applicable statute of limitations shall be deemed to be tolled for the period extending from the date such motion or application was filed until the date upon which the motion or application is decided.
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(L. 1989 H.B. 82 § 17)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.700 - Subpoena issued under authority of grand jury, records, use of.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 1989
408.700. Subpoena issued under authority of grand jury, records, use of. —
Financial records relating to a customer obtained from a financial institution pursuant to a subpoena issued under the authority of a grand jury:
(1) Shall be returned and actually presented to the grand jury;
(2) Shall be used only for the purpose of considering whether to issue an indictment or presentment by that grand jury, or of prosecuting a crime for which that indictment or presentment is issued, or for a purpose authorized by the applicable Missouri rules of criminal procedure;
(3) Shall be destroyed or returned to the financial institution if not used for one of the purposes specified in subdivision (2) of this section; and
(4) Shall not be maintained, or a description of the contents of such records shall not be maintained by any government authority other than in the sealed records of the grand jury, unless such record has been used in the prosecution of a crime for which the grand jury issued an indictment or presentment or for a purpose authorized by rules 5 and 6 of the Missouri rules of criminal procedure.
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(L. 1989 H.B. 82 § 18)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.800 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 2016
408.800. Definitions. —
As used in sections 408.800 to 408.815, the following terms shall mean:
(1)
"American Savings Promotion Act"
, Public Law 113-251, enacted by the 113th United States Congress;
(2)
"Eligible account"
, an insured deposit account offered by an eligible financial institution that provides an incentive savings program authorized under sections 408.800 to 408.815. This shall include any account in which an individual has either a joint or individual interest, any trust account, or similar account held for a beneficiary. For individual accounts, one individual account holder shall be eighteen years of age or older to be eligible. The eligibility of the account shall not be affected by the designation of a transfer on death beneficiary;
(3)
"Eligible financial institution"
, a federally insured depository institution that is state or federally chartered and is authorized to accept deposits that are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration;
(4)
"Eligible financial program"
:
(a) Any savings program or product that an eligible financial institution offers to participants for the purpose of:
a. Encouraging savings by participants; or
b. Providing participants the opportunity to use and control their own moneys in order to improve his or her economic and social condition;
(b) Programs or products that encourage or require participants to:
a. Open one or more eligible accounts; or
b. Increase deposits or contributions to one or more eligible accounts; or
(c) Programs or products that encourage or require participants to deposit or transfer moneys into one or more eligible accounts on a recurring or automatic basis;
(5)
"Participant"
, any owner of an eligible account;
(6)
"Savings promotion program"
, a promotion in which a chance of winning designated prizes is obtained by the deposit of a specified amount of moneys in a savings account or other savings program offered by an eligible financial institution to participants in which each entry has an equal chance of being drawn where the participants own the savings account or other savings program.
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(L. 2016 H.B. 2125 merged with S.B. 833)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.805 - Savings promotion program authorized, conditions.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 2016
408.805. Savings promotion program authorized, conditions. —
Eligible financial institutions may offer and conduct a savings promotion program under the following conditions:
(1) The terms and conditions of the savings promotion program shall allow an eligible account to obtain one or more entries to win a specified prize. Eligible accounts shall obtain entry for a savings promotion program by maintaining an eligible account with a minimum specified amount of moneys in accordance with the terms and conditions of the savings promotion program;
(2) Beyond meeting the requirement in subdivision (1) of this section, participants in the savings promotion program shall not be required to provide any consideration to obtain chances to win prizes. By meeting the requirement in subdivision (1) of this section, participants shall not be deemed to have given consideration;
(3) Participants shall not be deemed to have provided consideration merely because:
(a) The participant makes deposits into savings accounts or other savings programs that remain under the ownership of the participant;
(b) The interest rate, if any, of the participant's account is lower than the interest rate associated with comparable accounts; or
(c) The participant pays any fee or amount to administer or maintain the participant's account that the financial institution ordinarily and customarily charges an individual who does not participate in the savings promotion program; and
(4) Each entry into the savings promotion program shall have an equal chance of being drawn.
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(L. 2016 H.B. 2125 § 408.810 merged with S.B. 833 § 408.810)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.810 - Compliance with federal American Savings Promotion Act.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 2016
408.810. Compliance with federal American Savings Promotion Act. —
Eligible financial institutions that choose to offer savings promotion programs shall comply with the requirements of the American Savings Promotion Act and the regulations promulgated by the federal prudential regulators of the eligible financial institutions applicable to the savings promotion program.
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(L. 2016 H.B. 2125 § 408.820 merged with S.B. 833 § 408.820)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 408 - Legal Tender and Interest › Section 408.815 - Programs not gambling, gaming, lottery, raffle, or sweepstake.

Title XXVI TRADE AND COMMERCE
Chapter 408
• Effective - 28 Aug 2016
408.815. Programs not gambling, gaming, lottery, raffle, or sweepstake. —
Savings promotion programs under sections 408.800 to 408.815 shall not constitute gambling, gaming, a lottery, raffle, or sweepstakes as defined by any other statute.
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(L. 2016 H.B. 2125 § 408.830 merged with S.B. 833 § 408.830)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.107 - Investment firms, legal firms, other persons shall not be involved with issuance of bonds, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2007
409.107. Investment firms, legal firms, other persons shall not be involved with issuance of bonds, when. —
No investment firm, legal firm offering bond counsel services, or any persons having an interest in any such firms shall be involved in the issuance of bonds authorized by an election in which the firm or person made any direct or indirect financial contribution to any campaign in support of the bond election. For the purposes of this section, direct or indirect financial contribution shall not include services with respect to providing factual information relating to the prospective bond issuance, responding to questions and making presentations at public forums relative to prospective bond issuance, or participation in any meeting subject to the open meetings law.
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(L. 1992 S.B. 705 § 8, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.108 - Tampering with securities documents or impeding investigations prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.108. Tampering with securities documents or impeding investigations prohibited. —
It is unlawful for any person, in any investigation or other proceeding under this chapter, to alter, destroy, mutilate, conceal, make a false entry in, or by any means falsify, remove from any place or withhold any record, document, or tangible, electronic or physical evidence with the intent to impede, obstruct, avoid, evade, or influence the official investigation or administration of any other proceeding under this chapter.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.109 - Penalty.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.109. Penalty. —
A person who willfully violates section 409.108 shall upon conviction be fined not more than five hundred thousand dollars or imprisoned not more than ten years, or both. The proper prosecuting attorney with or without a criminal reference from the commissioner, or the attorney general under section 27.030, may institute criminal proceedings under this section.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.111 - Commissioner of securities may investigate violations.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.111. Commissioner of securities may investigate violations. —
The commissioner of securities may conduct pursuant to the authorization of section 409.6-602 such investigations as the commissioner considers necessary to determine whether a person has violated, is violating, or is about to violate any provision of sections 409.108 to 409.114 or any order, rule or regulation issued pursuant thereto.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.112 - Commissioner of securities may seek relief for violations, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.112. Commissioner of securities may seek relief for violations, when. —
If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of sections 409.108 to 409.114, or any order, rule or regulation issued pursuant thereto or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of sections 409.108 to 409.114, the commissioner may maintain an action for relief authorized pursuant to section 409.6-603.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.113 - Commissioner of securities may issue orders, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.113. Commissioner of securities may issue orders, when. —
If the commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of sections 409.108 to 409.114, or any order, rule or regulation issued pursuant thereto or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of sections 409.108 to 409.114, or any order, rule or regulation issued pursuant thereto, the commissioner may issue such orders as authorized pursuant to section 409.6-604.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.114 - Duties and powers of commissioner of securities.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2004
409.114. Duties and powers of commissioner of securities. —
Sections 409.108 to 409.114 shall be administered by the commissioner of securities. The commissioner of securities is hereby empowered to promulgate, alter, amend or revoke rules and regulations pursuant to section 409.6-605 as necessary to carry out the purposes of sections 409.108 to 409.114.
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(L. 2004 H.B. 1617)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.500 - Short title.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.500. Short title. —
Sections 409.500 to 409.566 may be cited as the "Missouri Takeover Bid Disclosure Act".
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(L. 1978 S.B. 820 § 1, A.L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.511 - Requirements, offeror must send registration statement — solicitations, recommendations, file with commissioner.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.511. Requirements, offeror must send registration statement — solicitations, recommendations, file with commissioner. —
1. No offeror shall make a takeover bid unless as soon as practicable on the date of commencement of the takeover bid he files with the commissioner of securities and delivers to the target company at its principal executive offices a registration statement containing the information required by section 409.516.
2. An offeror shall make full and fair disclosure to offerees of the material information set forth in the registration statement filed pursuant to subsection 1 of this section.
3. No solicitation or recommendation to the offerees of a target company to accept or reject a takeover bid shall be made by or on behalf of an offeror or a target company unless at the time copies of such solicitation or recommendation are first published, sent or given to such offerees, the person making such solicitation or recommendation has filed copies of the solicitation or recommendation with the commissioner of securities of this state.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.521 - Commissioner may make investigations, seek injunctions, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.521. Commissioner may make investigations, seek injunctions, when. —
1. The commissioner of securities may conduct such investigation as he deems necessary concerning any takeover bid for the purpose of determining compliance with the requirements of sections 409.500 to 409.566. As part of such investigation the commissioner of securities may require persons to file statements in writing and under oath with his office, subpoena witnesses, compel their attendance, examine them under oath and require the production of books, records, documents and papers.
2. In the event the commissioner of securities determines that any person is violating or about to violate any provision of sections 409.500 to 409.566, or any order, rule or regulation issued pursuant thereto, he may seek, in court, an injunction temporarily or permanently barring that person from making or taking part in or continuing a takeover bid or from taking up or paying for shares tendered by offerees pursuant to a takeover bid, and the court may grant the relief applied for or so much thereof as it may deem proper.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.526 - Penalties.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.526. Penalties. —
1. Every person who willfully violates any provision of sections 409.500 to 409.566 shall be guilty of a class A misdemeanor.
2. Every person who violates any provision of sections 409.500 to 409.566 shall be subject to a civil penalty of one thousand dollars per violation if a natural person or ten thousand dollars per violation if a corporation. When the violation is the failure to file a registration statement as required by subsection 1 of section 409.511 the failure to file a solicitation or recommendation as required by subsection 3 of section 409.511 or the failure to amend such registration statement as required by subsection 2 of section 409.516 each business day of nonregistration or failure to file a recommendation or solicitation or failure to amend constitutes a separate violation. The penalty imposed by this section shall be cumulative and more than one penalty shall be recoverable in the same action in any court of competent jurisdiction.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.531 - Commissioner may promulgate rules, establish fees.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.531. Commissioner may promulgate rules, establish fees. —
1. Sections 409.500 to 409.566 shall be administered by the commissioner of securities and employees designated by him. The commissioner of securities is hereby empowered to promulgate, alter, amend or revoke rules and regulations necessary to carry out the purposes of sections 409.500 to 409.566.
2. The commissioner of securities may establish fees for the filing of any registration statement, not to exceed two thousand five hundred dollars, to recover the costs of administering sections 409.500 to 409.566. Such fees may vary according to the maximum consideration payable by the offeror for the securities which are the subject of the takeover bid.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.536 - Attorney general may prosecute, how.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.536. Attorney general may prosecute, how. —
The attorney general may prosecute every person charged with the commission of a criminal offense arising from the violation of any provision of sections 409.500 to 409.566. In all such proceedings, the attorney general may appear in person or by his deputy before any court of record or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the prosecuting attorney would otherwise be authorized or required to exercise or perform; or the attorney general may in his discretion transmit evidence, proof and information as to such offense to the prosecuting attorney of the county or counties in which the alleged violation has occurred, and every prosecuting attorney to whom such evidence, proof and information is so transmitted shall forthwith proceed to prosecute any corporation, company, association, or officer, manager or agent thereof, or any firm or person charged with such violation. In any such proceeding, wherein the attorney general has appeared either in person or by deputy, the prosecuting attorney shall only exercise such powers and perform such duties as are required of him by the attorney general or the deputy attorney general so appearing.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.541 - Secretary of state deemed offeror's agent, when — service of process, how, effective when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.541. Secretary of state deemed offeror's agent, when — service of process, how, effective when. —
1. Every nonresident offeror, whether or not such offeror has filed a registration statement, except a foreign corporation which has appointed and keeps a resident agent in this state, shall be deemed to have appointed the secretary of state as his agent upon whom may be served any lawful process, authorized by sections 409.500 to 409.566, with the same effect as though served upon the offeror personally.
2. Service of process pursuant to this section shall be accomplished by leaving a copy of the process in the office of the secretary of state, but it shall not be effective unless notice of the service and a copy of the process is sent by certified or registered mail to the nonresident offeror served, at his last known address.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.546 - Fraudulent practices not allowed, solicitation of offerees.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.546. Fraudulent practices not allowed, solicitation of offerees. —
1. No person shall make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any takeover bid or any solicitation of offerees in opposition to or in favor of any such takeover bid.
2. Fraudulent, deceptive or manipulative acts or practices include without limitation those acts and practices prescribed by rules and regulations which the commissioner of securities is hereby empowered to adopt, promulgate, amend and rescind as is necessary to carry out the provisions of this section.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.551 - Exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.551. Exceptions. —
Sections 409.500 to 409.566 shall not apply when:
(1) The offeror or the target company is a public utility or a public utility holding company as defined in section 2 of the Public Utility Holding Company Act of 1935, (49 Stat. 803, 15 U.S.C. 79), as amended, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;
(2) The offeror or the target company is a bank or a bank holding company as subject to the Bank Holding Company Act of 1956, (70 Stat. 133, 12 U.S.C. 1841), and subsequent amendments thereto, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;
(3) The offeror or the target company is a savings and loan holding company as defined in section 2 of the Savings and Loan Holding Company Amendments of 1967, (82 Stat. 5, 12 U.S.C. 1730A), as amended, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;
(4) The offeror and the target company are banks and the offer is part of a merger transaction subject to approval by appropriate federal or state supervisory authorities.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.556 - Construction of statutes.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.556. Construction of statutes. —
In the event any provision or application of sections 409.500 to 409.566 is held illegal or invalid for any reason, such holding shall not affect the legality or validity of any other provision or application thereof.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.566 - Unlawful practices, offeree may bring suit, damages, attorney fees.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1986
409.566. Unlawful practices, offeree may bring suit, damages, attorney fees. —
Any offeree whose equity securities are the subject of a takeover bid and who has been injured by any violation of sections 409.500 to 409.566 may bring an action in his or her own name to enjoin such unlawful act or practice and to recover actual damages together with reasonable attorney fees in the event the offeree is successful.
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(L. 1986 H.B. 1667)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.600 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2015
409.600. Citation of law. —
Sections 409.600 to 409.630 may be cited as the "Senior Savings Protection Act".
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(L. 2015 S.B. 244)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.605 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.605. Definitions. —
As used in sections 409.600 to 409.630, the following terms shall mean:
(1)
"Agencies"
, the department of health and senior services and the commissioner of securities;
(2)
"Agent"
, shall have the same meaning as in section 409.1-102;
(3)
"Broker-dealer"
, shall have the same meaning as in section 409.1-102;
(4)
"Financial exploitation"
, the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a qualified adult;
(5)
"Immediate family member"
, a spouse, child, parent, or sibling of a qualified adult;
(6)
"Investment adviser"
, the same meaning as under section 409.1-102;
(7)
"Investment adviser representative"
,
*
the same meaning as under section 409.1-102;
(8)
"Qualified adult"
:
(a) A person sixty years of age or older; or
(b) A person who:
a. Has a disability as defined in section 192.2005; and
b. Is between the ages of eighteen and fifty-nine;
(9)
"Qualified individual"
:
(a) A broker-dealer;
(b) An investment adviser; or
(c) A person associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of his or her job.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
*Words "shall have" appear here in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.610 - Financial exploitation, notification of agencies and family members.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.610. Financial exploitation, notification of agencies and family members. —
If a qualified individual reasonably believes that financial exploitation of a qualified adult has occurred, has been attempted, or is being attempted, the qualified individual may notify the agencies. Subsequent to notifying the agencies, an agent, investment adviser representative, or qualified individual may notify an immediate family member, legal guardian, conservator, co-trustee, successor trustee, or agent under a power of attorney of the qualified adult or other individual reasonably associated with the qualified adult of such belief. The agencies may provide information regarding a qualified adult to the reporting qualified individual, agent, or investment adviser representative upon request.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.615 - Refusal of request for disbursement or transaction, when — expiration.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.615. Refusal of request for disbursement or transaction, when — expiration. —
1. A qualified individual may refuse a request for disbursement or transaction from the account of a qualified adult, or an account on which a qualified adult is a beneficiary or beneficial owner, if:
(1) The qualified individual reasonably believes that the requested disbursement or transaction will result in financial exploitation of the qualified adult; and
(2) The qualified individual, within two business days:
(a) Makes a reasonable effort to notify all parties authorized to transact business on the account orally or in writing, unless such parties are reasonably believed to have engaged in suspected or attempted financial exploitation of the qualified adult;
(b) Notifies the agencies; and
(c) Sends written notice to the qualified adult. Such notice shall include the name and contact information for the qualified individual who refused the disbursement or transaction and for the investor protection hotline administered by the securities division of the secretary of state.
2. Any refusal of a disbursement or transaction as authorized by this section shall expire upon the sooner of:
(1) The time when the qualified individual reasonably believes that the disbursement or transaction will not result in financial exploitation of the qualified adult; or
(2) Ten business days after the initial refusal of disbursement or transaction by the qualified individual.
3. Notwithstanding subsection 2 of this section to the contrary, following the refusal by a qualified individual of an initial request for disbursement or transaction from the account of a qualified adult:
(1) A court of competent jurisdiction may enter an order extending the refusal of a disbursement or transaction or any other protective relief;
(2) The commissioner of securities may enter an order extending the refusal of a disbursement or transaction for the time necessary to protect the qualified adult; or
(3) The director of the department of health and senior services, after notifying the commissioner of securities, may enter an order to extend the refusal of a disbursement or transaction for the time necessary to protect the qualified adult.
­­Subsequent to the issuance of an order under subdivision (2) or (3) of this subsection, the agency that issued the order shall conduct a review of the circumstances every thirty days to determine if the order extension should remain in effect.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.620 - Immunity from liability, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.620. Immunity from liability, when. —
Notwithstanding any other provision of law to the contrary, an investment adviser representative, agent, or qualified individual who, in good faith and exercising reasonable care, complies with section 409.610 or 409.615 shall be immune from any civil liability under those sections.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.625 - Records, provided to agencies or law enforcement, when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.625. Records, provided to agencies or law enforcement, when. —
A qualified individual shall, upon request, provide access to or copies of records that are relevant to the suspected financial exploitation of a qualified adult to the agencies or law enforcement. The records may include historical records or records relating to the most recent disbursement as well as disbursements that comprise the suspected financial exploitation of a qualified adult. All records made available to the agencies under this section shall not be considered a public record as defined under chapter 610.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.630 - Website for training resources to prevent and detect financial exploitation.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2020, 2 histories
409.630. Website for training resources to prevent and detect financial exploitation. —
No later than September 1, 2021, the commissioner of securities shall develop and make available a website that includes training resources to assist broker-dealers, investment advisers, agents, and investment adviser representatives in the prevention and detection of financial exploitation of qualified adults. Such resources shall include, at a minimum, indicators of financial exploitation of qualified adults and potential steps broker-dealers, investment advisers, agents, and investment adviser representatives may take to prevent suspected financial exploitation of qualified adults as authorized by law.
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(L. 2015 S.B. 244, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.803 - Prohibited contracts — exemptions.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.803. Prohibited contracts — exemptions. —
1. Except as otherwise provided in subdivision (1) of subsection 1 of section 409.806, no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity under a commodity contract commonly known as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that serves the same function or functions or is marketed or managed in substantially the same manner as such account or contract.
2. No person shall sell or purchase, or offer to sell or purchase, any commodity under any other commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any other commodity contract or any commodity option. The provisions of this subsection shall not apply to any of the following persons, or any employee, officer or director thereof acting solely in that capacity:
(1) A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;
(2) A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration;
(3) A person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in subdivision (1) or (2) of this subsection;
(4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission, or any clearinghouse thereof;
(5) A financial institution;
(6) A person registered under the laws of this state as a securities broker-dealer whose activities require such registration; or
(7) A person registered as a commodity broker-dealer or commodity sales representative in accordance with the provisions of sections 409.850 to 409.863.
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(L. 1985 H.B. 409 & 532 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.808 - Commodity merchants — license required, boards of trade — designation required.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.808. Commodity merchants — license required, boards of trade — designation required. —
1. No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or is exempt from such registration by virtue of the Commodity Exchange Act or of a CFTC Rule.
2. No board of trade shall trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, nor suspended nor revoked.
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(L. 1985 H.B. 409 & 532 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.810 - Prohibited acts.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.810. Prohibited acts. —
No person shall, directly or indirectly:
(1) Cheat or defraud, attempt to cheat or defraud, or employ any device, scheme or artifice to cheat or defraud, any other person;
(2) Make any false report, enter any false record, or make any untrue statement of a material fact;
(3) Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or
(4) Misappropriate or convert the funds, security or property of any other person;
­­in or in connection with the purchase or sale of, the offer to sell, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to the provisions of section 409.803 or subdivision (2), (3), or (4) of subsection 1 of section 409.806; except that, the provisions of subdivision (2) of this section shall not apply to a commodity contract covered by subdivision (3) of subsection 1 of section 409.806.
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(L. 1985 H.B. 409 & 532 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.813 - Principals, agents, joint and several liability — when.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.813. Principals, agents, joint and several liability — when. —
1. The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.
2. Every person who directly or indirectly controls another person liable under any provision of sections 409.800 to 409.863, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this subsection sustains the burden of proof that he did not know and, in exercise of reasonable care, could not have known of the existence of the facts by reason of which the liability is alleged to exist.
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(L. 1985 H.B. 409 & 532 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.816 - Applicability of other laws.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.816. Applicability of other laws. —
Nothing in sections 409.800 to 409.863 shall impair, derogate or otherwise affect the authority or powers of the commissioner under this chapter or the application of any provision of this chapter to any person or transaction subject thereto.
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(L. 1985 H.B. 409 & 532 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.818 - Intent of law.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.818. Intent of law. —
Sections 409.800 to 409.863 may be construed and implemented to effectuate their general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities and to maximize coordination with federal and other states' law and the administration and enforcement thereof.
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(L. 1985 H.B. 409 & 532 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.820 - Investigations by commissioner, subpoena powers — judicial enforcement.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.820. Investigations by commissioner, subpoena powers — judicial enforcement. —
1. The commissioner may make investigations, within or without this state, as he finds necessary or appropriate to:
(1) Determine whether any person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner; or
(2) Aid in enforcement of sections 409.800 to 409.863.
2. The commissioner may publish information concerning any violations of sections 409.800 to 409.863 or any rule or order issued or promulgated under sections 409.800 to 409.863.
3. For purposes of any investigation or proceeding under sections 409.800 to 409.863, the commissioner, or any officer or employee designated by rule or order of the commissioner, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner finds to be relevant or material to the inquiry. If a person does not give testimony or produce the documents required by the commissioner, or a designated employee, pursuant to an administrative subpoena, the commissioner, or his designated employee, may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. The request for order of compliance may be addressed to either:
(1) The circuit court of Cole County or the circuit court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or
(2) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.
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(L. 1985 H.B. 409 & 532 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.823 - Violations — powers of commissioner.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.823. Violations — powers of commissioner. —
1. If the commissioner believes, whether or not based upon an investigation conducted under section 409.820, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of sections 409.800 to 409.863 or any rule or order promulgated or issued under sections 409.800 to 409.863, the commissioner may:
(1) Issue a cease and desist order;
(2) Take disciplinary action against a licensed person as specified in section 409.863;
(3) Issue an order imposing a civil penalty in amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or
(4) Initiate any of the actions specified in subsection 2 of this section.
2. The commissioner may institute any of the following actions in the appropriate courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
(1) An action for declaratory judgment;
(2) An action for a prohibitory or mandatory injunction to enjoin the violation and to insure compliance with sections 409.800 to 409.863 or any rule or order of the commissioner;
(3) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
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(L. 1985 H.B. 409 & 532 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.828 - Penalties.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.828. Penalties. —
1. Any person who willfully violates any provision of sections 409.800 to 409.863 shall, upon conviction, be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, for each such violation.
2. The commissioner may refer such evidence as is available concerning violations of sections 409.800 to 409.863 to the attorney general or the proper prosecuting attorney, who may, with or without such a reference from the commissioner, institute the appropriate criminal proceedings under sections 409.800 to 409.863.
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(L. 1985 H.B. 409 & 532 § 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.830 - Insiders — restricted use of information, data to be public, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 1985
409.830. Insiders — restricted use of information, data to be public, exceptions. —
1. Sections 409.800 to 409.863 shall be administered by the commissioner. Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained by the commissioner and which is not public information for personal gain or benefit, nor shall the commissioner nor any of his employees conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.
2. All information collected, assembled or maintained by the commissioner is public information and is available for the examination of the public as provided by chapter 610, except for the following, which are deemed to be confidential:
(1) Information obtained in private investigations pursuant to section 409.820;
(2) Information made confidential by the provisions of chapter 610; and
(3) Information obtained from federal agencies which may not be disclosed under federal law.
­­The commissioner, in his discretion, may disclose any information made confidential under this subsection to persons listed in subsection 1 of section 409.833.
3. No provision of sections 409.800 to 409.863 either creates or derogates any privilege which exists at common law, by statute, or otherwise when any documentary or other evidence is sought under subpoena directed to the commissioner or any employee of the commissioner.
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(L. 1985 H.B. 409 & 532 § 13)