reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.060 - Name of cooperative shall include what.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.060. Name of cooperative shall include what. —
The name of each cooperative shall include the words "electric" and "cooperative". The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact business in, this state. The words "electric" and "cooperative" shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or a corporation transacting business in this state pursuant to the provisions of this chapter.
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(RSMo 1939 § 5390)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.085 - High-speed broadband communications, general assembly declaration on, intent — rural electric cooperative defined — construction of law — offering of services, requirement.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
• Effective - 28 Aug 2018
394.085. High-speed broadband communications, general assembly declaration on, intent — rural electric cooperative defined — construction of law — offering of services, requirement. —
1. The general assembly declares that expanding and accelerating access to high-speed broadband communications services throughout the entire state of Missouri is necessary, desirable, in the best interests of the citizens of this state, and that it is a public purpose of great importance.
2. In recognition that the high capital cost of deploying fiber optics technologies to provide broadband communications services impedes access to such services, and the rural electric cooperatives deploy fiber optics technologies for use in the operation of their electric system infrastructure, it is the intent of the general assembly to facilitate and to encourage rural electric cooperatives and their affiliates, either collectively, or individually, to continue to enter into and establish voluntary contracts or other forms of joint or cooperative agreements for the use of rural electric cooperative infrastructure in providing access to broadband services.
3. For purposes of this section, the term
"rural electric cooperative"
shall include an electrical corporation as defined in subsection 2 of section 393.110.
4. Nothing in this section shall be construed as conferring to the public service commission any regulatory jurisdiction not granted over any contract, or other form of joint or cooperative agreement, entered into under this section, or over the parties to such contract or agreement.
5. Nothing in this section shall be construed as diminishing the rights of property owners under the laws of this state.
6. If a distribution cooperative provides broadband services to its members, such cooperative shall offer the services to any property, which is traversed by the cooperative's fiber which is utilized for the provision of broadband services to its members, within a reasonable amount of time from the initiation of the provision of such services.
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(L. 2018 H.B. 1880)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.090 - Articles may be amended, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.090. Articles may be amended, how. —
1. A cooperative may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; and
(2) (a) Upon such approval by the members, articles of amendment shall be executed and acknowledged in duplicate on behalf of the cooperative by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state:
a. The name of the cooperative;
b. The address of its principal office;
c. The date of the filing of its articles of incorporation in the office of the secretary of state; and
d. The amendment to its articles of incorporation.
(b) The president or vice president executing such articles of amendment shall also make and annex to each copy thereof an affidavit stating that the provisions of this section were duly complied with.
(c) Such articles of amendment and affidavit shall be submitted to the secretary of state for filing as provided in this chapter.
2. A cooperative may upon authorization of a majority of the members at any regular or special meeting change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in duplicate by its president or vice president under its seal attested by its secretary, in the office of the secretary of state and also by filing such certificate of change in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within thirty days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file therein.
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(RSMo 1939 § 5398)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.100 - Articles to be filed with secretary of state.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.100. Articles to be filed with secretary of state. —
1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged in duplicate and accompanied by such affidavits as may be required by applicable provisions of this chapter, shall be presented to the secretary of state for filing in the records of his office.
2. If the secretary of state shall find that the articles presented conform to the requirements of this chapter, he shall, upon the payment of the fees as in this chapter provided, file one copy of the articles so presented in the records of his office and upon such filing the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for therein shall be in effect. The secretary of state immediately upon the filing in his office of any articles pursuant to this chapter shall transmit a certified copy thereof, with the certified copy of the certificate of incorporation, amendment, consolidation, merger, conversion or dissolution, as the case may be, attached, to the recorder of deeds of the county in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion, or dissolution shall be located.
3. The recorder of deeds of any county, upon receipt of any such certified copy, shall file, record and index the same in the records of his office, but the failure of the secretary of state or of a recorder of deeds of a county to comply with the provisions of this section shall not invalidate such articles.
4. The provisions of this section shall also apply to certificates of election to dissolve and affidavits of compliance executed pursuant to subdivision (2) of subsection 3 of section 394.240.
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(RSMo 1939 § 5404)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.110 - Bylaws to be adopted.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.110. Bylaws to be adopted. —
The original bylaws of a cooperative may be adopted by its board of directors or stockholders. Thereafter bylaws shall be adopted, amended or repealed by its members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation.
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(RSMo 1939 § 5393)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.130 - Territory supplied by cooperative may be divided into voting districts.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.130. Territory supplied by cooperative may be divided into voting districts. —
Notwithstanding any other provision of this chapter, the bylaws may provide that the territory in which a cooperative supplies electric energy to its members may be divided into two or more voting districts for the purpose of properly distributing its directors over the area in which its members reside. In such case the bylaws shall prescribe the manner in which such voting districts shall function in the election of directors at annual meetings.
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(RSMo 1939 § 5396)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.140 - Directors to manage cooperative.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.140. Directors to manage cooperative. —
1. The business and affairs of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative. The bylaws shall prescribe the number of directors, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board of directors and of the election of successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, may be allowed to each director for attendance at each meeting of the board of directors.
2. The directors of a cooperative named in any articles of incorporation, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified.
3. The bylaws shall provide that the directors shall be divided into three classes, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting, and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the third succeeding annual meeting.
4. A majority of the board of directors shall constitute a quorum.
5. If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a director.
6. The board of directors may exercise all of the powers of a cooperative except such as are conferred upon the members by this chapter, or its articles of incorporation or bylaws.
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(RSMo 1939 § 5395)
(1965) This section construed to authorize payment of salaries to directors when approved by the members. Triplett v. Grundy Electric Cooperative, Inc. (A.), 389 S.W.2d 401.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.150 - Officers — removal.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.150. Officers — removal. —
The officers of a cooperative shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of president or vice president after he shall have ceased to be a director. The offices of secretary and of treasurer may be held by the same person and need not be a member of the board of directors. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties thereof. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws.
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(RSMo 1939 § 5397)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.160 - Rules and regulations prescribed by public service commission — limitation on jurisdiction of commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
• Effective - 28 Aug 1979
394.160. Rules and regulations prescribed by public service commission — limitation on jurisdiction of commission. —
1. Every cooperative constructing, maintaining and operating its electric transmission or distribution lines shall construct, maintain and operate such lines in conformity with the rules and regulations relating to the manner and methods of construction, maintenance and operation and as to safety of the public and as to induction or electrical interference with other lines now or hereafter from time to time prescribed by the public service commission for the construction, maintenance and operation of electric transmission or distribution lines or system. The jurisdiction, supervision, powers and duties of the public service commission shall extend to every such cooperative so far as concerns the construction, maintenance and operation of the physical equipment of such cooperative to the extent of providing for the safety of the public and the elimination or lessening of induction or electrical interference, including the power to minimize retail distribution electric line duplication for the sole purpose of providing for the safety of employees and the general public in those cases when, upon complaint, the commission finds that a proposed retail distribution electric line cannot be constructed in compliance with commission safety rules. The jurisdiction of the public service commission shall be extended only to the extent provided in this section, and nothing herein contained shall be construed as otherwise conferring upon such commission jurisdiction over the service, rates, financing, accounting or management of any such cooperative.
2. Applications, notices, hearings, findings and orders, and all other proceedings before the commission, in pursuance of the powers and duties herein conferred upon such commission, and review thereof, shall be the same as now or hereafter provided by law for other similar proceedings before the commission and review thereof.
3. The commission may retain jurisdiction of any such cause for the purpose of making such supplemental orders in such cause as may be necessary in furtherance of the purposes of this section, or for the purpose of modifying or amending the terms of, or revoking any permit granted under, the provisions of this section for failure to comply with such rules, regulations, findings and orders made by the commission under authority of this section.
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(RSMo 1939 § 5389, A.L. 1979 H.B. 186)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.170 - Revenues of cooperative — disposition.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.170. Revenues of cooperative — disposition. —
1. Revenues of a cooperative for any fiscal year in excess of the amount thereof necessary:
(1) To defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year;
(2) To pay interest and principal obligations of the cooperative coming due in such fiscal year;
(3) To finance, or to provide a reserve for the financing of, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of directors;
(4) To provide a reasonable reserve for working capital;
(5) To provide a reserve for the payment of indebtedness of the cooperative maturing more than one year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; and
(6) To provide a fund for education in cooperation and for the dissemination of information concerning the effective use of electric energy and other services made available by the cooperative;
­­shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members paid for during such fiscal year.
2. Nothing herein contained shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due.
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(RSMo 1939 § 5405)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.180 - Sale of property by cooperative — membership approval required.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1971
394.180. Sale of property by cooperative — membership approval required. —
1. A cooperative may not sell, lease or otherwise dispose of, except by mortgage, or deeds of trust, all or any substantial portion of its property unless such sale, lease, or other disposition is authorized at a duly held meeting of the members thereof by the affirmative vote of not less than two-thirds of all of the members of the cooperative, and unless the notice of such proposed sale, lease or other disposition shall have been contained in the notice of the meeting.
2. Notwithstanding any other provisions of law, the board of directors of a cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust upon, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to the United States of America or any instrumentality or agency thereof, or to any bank or other financial institution or organization.
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(RSMo 1939 § 5406, A.L. 1971 H.B. 126)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.190 - Effect of mortgage or deed of trust executed by cooperative.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.190. Effect of mortgage or deed of trust executed by cooperative. —
Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which, by its terms, creates a lien upon real and personal property then owned or after-acquired, and which is recorded as a mortgage of
*
real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property. Recordation of any such mortgage, deed of trust or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition thereof by the mortgagor, and such liens shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record, affecting such property.
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(RSMo 1939 § 5408)
*Word "or" appears in original rolls.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.200 - Cooperative of adjacent state may extend lines and transact business in this state, when — service of process on, how made.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
• Effective - 28 Aug 1939
394.200. Cooperative of adjacent state may extend lines and transact business in this state, when — service of process on, how made. —
1. Any corporation organized on a nonprofit or a cooperative basis for the purpose of supplying electric energy in rural areas and owning and operating electric transmission or distribution lines in a state adjacent to this state shall be permitted to extend its lines into and to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state. Any such foreign corporation, as a prerequisite to the extension of its lines into and the transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president under its corporate seal attested by its secretary, designate the secretary of state its agent to accept service of process in its behalf.
2. In the event any process shall be served upon the secretary of state, he shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument.
3. Any such corporation may sue and be sued in the courts of this state to the same extent that a cooperative may sue or be sued in such courts.
4. Any such foreign corporation may secure its notes, bonds or other evidences of indebtedness by mortgage, pledge, deed of trust or other encumbrance upon any or all of its then owned or after-acquired real or personal property, assets, or franchises, located or to be located in this state, and also upon the revenues and income thereof.
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(RSMo 1939 § 5411)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.230 - Effect of consolidation or merger.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.230. Effect of consolidation or merger. —
The effect of consolidation or merger shall be as follows:
(1) The several cooperatives, parties to the consolidation or merger, shall be a single cooperative, which in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consolidation or merger, except the new or surviving cooperative, shall cease;
(2) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under the provisions of this chapter, and shall possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state vested in any such cooperatives shall not revert or be in any way impaired by reason of such consolidation or merger;
(3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place;
(4) Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger; and
(5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger, the articles of incorporation of the surviving cooperatives shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger.
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(RSMo 1939 § 5401)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.250 - Fees to be collected by director of revenue.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 2014
394.250. Fees to be collected by director of revenue. —
1. There shall be charged and collected for:
(1) Filing articles of incorporation, ten dollars;
(2) Filing articles of amendment, one dollar;
(3) Filing articles of consolidation or merger, ten dollars;
(4) Filing articles of conversion, ten dollars;
(5) Filing certificate of election to dissolve, one dollar;
(6) Filing articles of dissolution, two dollars; and
(7) Filing certificate of change of principal office, two dollars.
2. All fees shall be made payable to and collected by the state director of revenue.
3. Fees mandated in subdivision (1) of subsection 1 of this section shall be waived if an initial member of the cooperative is a member of the Missouri National Guard or any other active duty military, resides in the state of Missouri, and provides proof of such service to the secretary of state.
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(RSMo 1939 § 5412, A.L. 1947 V. I p. 232, A.L. 2014 S.B. 600)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.260 - Annual fee.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1947
394.260. Annual fee. —
Each cooperative and each foreign corporation transacting business in this state pursuant to this chapter shall pay annually, on or before the first day of July, to the state director of revenue, a fee of ten dollars.
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(RSMo 1939 § 5413, A.L. 1947 V. I p. 232)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.270 - Members not to be liable for debts of cooperative.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.270. Members not to be liable for debts of cooperative. —
The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative and no member shall be liable or responsible for any debts of the cooperative.
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(RSMo 1939 § 5407)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.280 - Provisions of securities law not to apply.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.280. Provisions of securities law not to apply. —
The provisions of the securities law of Missouri shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter to the United States of America or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. The provisions of said securities law shall not apply to the issuance of membership certificates by any cooperative or any such foreign corporation.
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(RSMo 1939 § 5414)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.290 - Acknowledgments, who may take.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.290. Acknowledgments, who may take. —
No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director or member of such cooperative.
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(RSMo 1939 § 5410)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.300 - Waiver of notice shall be deemed equivalent to such notice, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.300. Waiver of notice shall be deemed equivalent to such notice, when. —
1. Whenever any notice is required to be given under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice.
2. If a person or persons entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened.
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(RSMo 1939 § 5409)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.310 - Chapter to be construed liberally.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.310. Chapter to be construed liberally. —
This chapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things.
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(RSMo 1939 § 5416)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-101 - Short titles.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-101. Short titles. —
(a) This chapter shall be known and may be cited as "Uniform Commercial Code".
(b) This article may be cited as Uniform Commercial Code - General Provisions.
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(L. 1963 p. 503 § 1-101, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-102 - Scope of article.

Title XXVI TRADE AND COMMERCE
Chapter 400
• Effective - 28 Aug 2017, 2 histories
400.1-102. Scope of article. —
This article applies to a transaction to the extent that it is governed by another article of this chapter.
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(L. 1963 p. 503 § 1-102, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-103 - Construction of code to promote its purpose and policies — applicability of supplemental principles of law.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-103. Construction of code to promote its purpose and policies — applicability of supplemental principles of law. —
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) to simplify, clarify, and modernize the law governing commercial transactions;
(2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.
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(L. 1963 p. 503 § 1-103, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-104 - Construction against implicit repeal.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 1963
400.1-104. Construction against implicit repeal. —
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
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(L. 1963 p. 503 § 1-104)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-105 - Severability.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 3 histories
400.1-105. Severability. —
If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
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(L. 1963 p. 503 § 1-105, A.L. 1988 S.B. 583, A.L. 1992 S.B. 448, A.L. 1997 S.B. 6, A.L. 2001 S.B. 288, A.L. 2004 H.B. 904, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-106 - Use of singular and plural — gender.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-106. Use of singular and plural — gender. —
In this chapter, unless the statutory context otherwise requires:
(1) words in the singular number include the plural, and those in the plural include the singular; and
(2) words of any gender also refer to any other gender.
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(L. 1963 p. 503 § 1-106, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-107 - Section captions.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-107. Section captions. —
Section captions are part of this chapter.
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(L. 1963 p. 503 § 1-107, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-108 - Relation to Electronic Signatures in Global and National Commerce Act.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-108. Relation to Electronic Signatures in Global and National Commerce Act. —
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes Section 7001(c) of that Act, 15 U.S.C. Section 7001(c), or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act, 15 U.S.C. Section 7003(b).
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(L. 1963 p. 503 § 1-108, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-202 - Notice — knowledge.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-202. Notice — knowledge. —
(a) Subject to subsection (f), a person has
"notice"
of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b)
"Knowledge"
means actual knowledge.
"Knows"
has a corresponding meaning.
(c)
"Discover"
,
"learn"
, or words of similar import refer to knowledge rather than to reason to know.
(d) A person
"notifies"
or
"gives"
a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person
"receives"
a notice or notification when:
(1) it comes to that person's attention; or
(2) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
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(L. 1963 p. 503 § 1-202, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-204 - Value.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-204. Value. —
Except as otherwise provided in articles 3, 4, and 5, a person gives value for rights if the person acquires them:
(1) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) as security for, or in total or partial satisfaction of, a preexisting claim;
(3) by accepting delivery under a preexisting contract for purchase; or
(4) in return for any consideration sufficient to support a simple contract.
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(L. 1963 p. 503 § 1-204, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-205 - Reasonable time — seasonableness.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-205. Reasonable time — seasonableness. —
(a) Whether a time for taking an action required by this chapter is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
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(L. 1963 p. 503 § 1-205, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-206 - Presumptions.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017, 2 histories
400.1-206. Presumptions. —
Whenever this chapter creates a "presumption" with respect to a fact, or provides that a fact is "presumed", the trier of fact shall find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
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(L. 1963 p. 503 § 1-206, A.L. 1997 S.B. 6, A.L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-301 - Territorial applicability — parties' power to choose applicable law.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017
400.1-301. Territorial applicability — parties' power to choose applicable law. —
(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
(b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), this chapter applies to transactions bearing an appropriate relation to this state.
(c) If one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
(1) section 400.2-402;
(2) sections 400.2A-105 and 400.2A-106;
(3) section 400.4-102;
(4) section 400.4A-507;
(5) section 400.5-116;
(6) section 400.8-110;
(7) sections 400.9-301 through 400.9-307.
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(L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-302 - Variation by agreement.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017
400.1-302. Variation by agreement. —
(a) Except as otherwise provided in subsection (b) or elsewhere in this chapter, the effect of provisions of this chapter may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this chapter shall not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this chapter requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this chapter of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions shall not be varied by agreement under this section.
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(L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-303 - Course of performance, course of dealing, and usage of trade.

Title XXVI TRADE AND COMMERCE
Chapter 400
• Effective - 28 Aug 2017
400.1-303. Course of performance, course of dealing, and usage of trade. —
(a) A
"course of performance"
is a sequence of conduct between the parties to a particular transaction that exists if:
(1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) A
"course of dealing"
is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) A
"usage of trade"
is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage shall be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1) express terms prevail over course of performance, course of dealing, and usage of trade;
(2) course of performance prevails over course of dealing and usage of trade; and
(3) course of dealing prevails over usage of trade.
(f) Subject to section 400.2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
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(L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-304 - Obligation of good faith.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017
400.1-304. Obligation of good faith. —
Every contract or duty within this chapter imposes an obligation of good faith in its performance and enforcement.
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(L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-305 - Remedies to be liberally administered.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017
400.1-305. Remedies to be liberally administered. —
(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this chapter or by other rule of law.
(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
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(L. 2017 H.B. 34)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 400 - Uniform Commercial Code › Section 400.1-306 - Waiver of renunciation of claim of right after breach.

Title XXVI TRADE AND COMMERCE
Chapter 400
Effective - 28 Aug 2017
400.1-306. Waiver of renunciation of claim of right after breach. —
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
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(L. 2017 H.B. 34)