reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.205 - Delivery within commercially feasible time period — copy of contract to be delivered to consumer, when — violation, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2012, see footnote
385.205. Delivery within commercially feasible time period — copy of contract to be delivered to consumer, when — violation, penalty. —
1. It is unlawful for any provider that has authorized a motor vehicle extended service contract with a consumer to fail to cause delivery to the consumer of a fully executed motor vehicle extended service contract within a commercially feasible time period, but no more than forty-five days from the date the consumer's initial payment is processed. It is the mailing or actual delivery of the fully executed contract, whichever is earlier, that commences the free look period under subsection 14 of section 385.206.
2. It is unlawful for any provider, administrator, producer, or any other person who offers to a consumer a motor vehicle extended service contract to fail, upon request, to cause delivery to the consumer of an unsigned copy of the written contract prior to the time the consumer's initial payment is processed. An offeror may comply with this provision by providing the consumer with the copy or by directing the consumer to a website containing an unsigned copy of the service contract.
3. A violation of this section is a level two violation under section 374.049.
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(L. 2011 S.B. 132)
Effective 1-01-12
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.210 - Record-keeping requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2008, see footnote
385.210. Record-keeping requirements. —
1. An administrator, provider, or other intermediary shall keep accurate accounts, books, and records concerning transactions regulated by sections 385.200 to 385.220.
2. An administrator's, provider's, or other intermediary's accounts, books, and records shall include:
(1) Copies of each type of motor vehicle extended service contract issued;
(2) The name and address of each service holder to the extent that the name and address have been furnished by the service contract holder;
(3) A list of the provider locations where motor vehicle extended service contracts are marketed, sold, or offered for sale; and
(4) Claims files that shall contain at least the dates, amounts, and description of all receipts, claims, and expenditures related to the motor vehicle extended service contracts.
3. Except as provided in this section, an administrator shall retain all records pertaining to each motor vehicle extended service contract holder for at least three years after the specified period of coverage has expired.
4. An administrator, provider, or other intermediary may keep all records required under sections 385.200 to 385.220 on a computer disk or other similar technology. If an administrator, provider, or other intermediary maintains records in other than hard copy, records shall be accessible from a computer terminal available to the director and be capable of duplication to legible hard copy.
5. An administrator, provider, or other intermediary discontinuing business in this state shall maintain its records until it furnishes the director satisfactory proof that it has discharged all obligations to contract holders in this state.
6. An administrator, provider, or other intermediary shall make all accounts, books, and records concerning transactions regulated pursuant to sections 385.200 to 385.220 or other pertinent laws available to the director upon request.
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(L. 2007 H.B. 221)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.211 - Register of business entity producers to be maintained — inspection of list — updating of registry, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2012, see footnote
385.211. Register of business entity producers to be maintained — inspection of list — updating of registry, when. —
1. A provider registered to issue motor vehicle extended service contracts in this state shall maintain a register of business entity producers who are authorized to sell, offer, negotiate, or solicit the sale of motor vehicle extended service contracts in this state, and shall make such list available for inspection upon request by the director. Within thirty days of a provider authorizing a producer to sell, offer, negotiate, or solicit motor vehicle extended service contracts, the provider shall enter the name and license number of the producer in the company registry of producers.
2. Within thirty days of a provider terminating a business entity producer's appointment to sell, offer, negotiate, or solicit motor vehicle extended service contracts, the provider shall update the registry with the effective date of the termination. If a provider has possession of information relating to any cause for discipline under section 385.209, the provider shall notify the director of this information in writing. The privileges and immunities applicable to insurers under section 375.022 shall apply to providers for any information reported under this subsection.
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(L. 2011 S.B. 132)
Effective 1-01-12
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.212 - Termination, notice required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2008, see footnote
385.212. Termination, notice required. —
As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination, in a form and time frame prescribed by the director, has been mailed or delivered to the director. The termination of a reimbursement insurance policy shall not reduce the issuer's responsibility for motor vehicle extended service contracts issued by providers prior to the date of the termination.
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(L. 2007 H.B. 221)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.214 - Providers considered agents of insurer, when — indemnification and subrogation.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.214. Providers considered agents of insurer, when — indemnification and subrogation. —
1. Providers are considered to be the agent of the insurer that issued the reimbursement insurance policy. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.
2. The provisions of sections 385.200 to 385.220 shall not prevent or limit the right of an insurer that issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay under the provisions of the motor vehicle extended service contract or under a contractual agreement.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.216 - Investigations, administrative orders.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.216. Investigations, administrative orders. —
1. The director may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of sections 385.200 to 385.220 and protect service contract holders in this state.
2. If the director determines that a person has engaged, is engaging, or is about to engage in a violation of sections 385.200 to 385.220 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission or course of business constituting a violation of sections 385.200 to 385.220 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of this section is a level two violation under section 374.049.
3. If the director believes that a person has engaged, is engaging, or is about to engage in a violation of sections 385.200 to 385.220 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission or course of business constituting a violation of sections 385.200 to 385.220 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of this section is a level two violation under section 374.049.
4. The enforcement authority of the director under this section is cumulative to any other statutory authority of the director.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.218 - Rulemaking authority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.218. Rulemaking authority. —
The director may promulgate rules to effectuate sections 385.200 to 385.220. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.220 - Inapplicability.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2021, 2 histories
385.220. Inapplicability. —
1. The provisions of sections 385.200 to 385.220 shall not apply to:
(1) Warranties;
(2) Maintenance agreements;
(3) Commercial transactions;
(4) Service contracts sold or offered for sale to persons other than consumers; or
(5) Motor club contracts, as defined in section 385.450.
2. Manufacturer's contracts on the manufacturer's products need only comply with the provisions of sections 385.206, 385.208, and 385.216.
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(L. 2007 H.B. 221, A.L. 2021 S.B. 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.304 - Reimbursement insurance policy requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2008, see footnote
385.304. Reimbursement insurance policy requirements. —
Reimbursement insurance policies insuring service contracts issued, sold or offered for sale in this state shall state that, upon failure of the provider to perform under the contract, including the failure to return the unearned provider fee, the insurer that issued the policy shall pay or perform according to the provider's contractual obligations under the service contracts insured by the insurer.
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(L. 2007 H.B. 221)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.308 - Deceptive practices.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.308. Deceptive practices. —
1. It is unlawful for any provider to use in its name the words insurance, casualty, guaranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business, or any name deceptively similar to the name or description of any insurance or surety corporation, or other provider.
2. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 28, 2007. However, a company using the prohibited language in its name shall disclose in its service contracts a statement in substantially the following form: "This contract is not an insurance contract.".
3. It is unlawful for a provider or its representative in its service contracts or literature to make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell or advertisement of a product service contract.
4. It is unlawful for a person, such as a bank, savings and loan association, or lending institution, to require the purchase of a service contract as a condition of a loan or other financing transaction.
5. It is unlawful for a person, such as a manufacturer or retailer, to require the purchase of a service contract as a condition to the sale of goods or services.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.310 - Record-keeping requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2008, see footnote
385.310. Record-keeping requirements. —
1. A provider or administrator shall keep accurate accounts, books, and records concerning transactions regulated under sections 385.300 to 385.320. However, only one set of such accounts, books, and records is required to be maintained and may be maintained by third parties provided the provisions of this section are met.
2. An administrator's or provider's accounts, books, and records shall include:
(1) Copies of each type of service contract issued;
(2) The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
(3) A list of the provider locations where service contracts are marketed, sold, or offered for sale; and
(4) Claims files that shall contain at least the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.
3. Except as provided in subsection 5 of this section, an administrator or provider shall retain or arrange for the retention of all records pertaining to each service contract holder for at least three years after the specified period of coverage had expired.
4. An administrator or provider may keep all records required under sections 385.300 to 385.320 on a computer disk or other similar technology. If an administrator or provider maintains records in other than hard copy, records shall be accessible from a computer terminal available to the director and be capable of duplication to legible hard copy.
5. An administrator or provider discontinuing business in this state shall maintain or arrange for the maintenance of its records until it furnishes the director satisfactory proof that it has discharged all obligations to contract holders in this state.
6. An administrator or provider shall make all accounts, books, and records concerning transactions regulated under sections 385.300 to 385.320 or other pertinent laws available to the director upon request.
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(L. 2007 H.B. 221)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.312 - Termination, notice required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2008, see footnote
385.312. Termination, notice required. —
As applicable, an insurer that issued a reimbursement insurance policy shall not terminate or nonrenew the policy until a notice of termination has been mailed or delivered to the director. The termination or nonrenewal of a reimbursement insurance policy shall not reduce the issuer's responsibility for service contracts issued by providers prior to the date of the termination.
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(L. 2007 H.B. 221)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.314 - Providers considered agents of insurer, when — indemnification and subrogation.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.314. Providers considered agents of insurer, when — indemnification and subrogation. —
1. Providers are considered to be the agent of the insurer which issued the reimbursement insurance policy for purposes of obligating the insurer to contract holders under service contracts associated with the insurer's reimbursement policy, and the payment of premium by the provider is not a condition to the insurer's obligations for otherwise validly issued service contracts.
2. Sections 385.300 to 385.320 shall not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the issuer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the product service contract.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.316 - Investigations, administrative orders.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.316. Investigations, administrative orders. —
1. The director may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of sections 385.300 to 385.320 and protect service contract holders in this state.
2. If the director determines that a person has engaged, is engaging, or is about to engage in a violation of sections 385.300 to 385.320 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission, or course of business constituting a violation of sections 385.300 to 385.320 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of this section is a level two violation under section 374.049.
3. If the director believes that a person has engaged, is engaging, or is about to engage in a violation of sections 385.300 to 385.320 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission, or course of business constituting a violation of sections 385.300 to 385.320 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048.
4. The enforcement authority of the director under this section is cumulative to any other statutory authority of the director.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.318 - Rulemaking authority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.318. Rulemaking authority. —
The director may promulgate rules to effectuate sections 385.300 to 385.320. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
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(L. 2007 H.B. 221)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.320 - Inapplicability.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2021, 2 histories
385.320. Inapplicability. —
1. Sections 385.300 to 385.320 shall not apply to:
(1) Warranties;
(2) Maintenance agreements;
(3) Warranties, service contracts, or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated under the laws of this state;
(4) Service contracts sold or offered for sale to persons other than consumers;
(5) Service contracts sold or offered to nonresidents of this state regardless of whether the entity selling or offering such contracts is located or doing business in this state;
(6) Motor vehicle extended service contracts, as defined in section 385.200;
(7) Motor club contracts, as defined in section 385.450; or
(8) Agreements or warranties which provide for the service, repair, replacement, or maintenance of the systems, appliances, and structural components of residential or commercial real property.
2. Manufacturer's service contracts on the manufacturer's products need only comply with the provisions of sections 385.306, 385.308, and 385.316.
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(L. 2007 H.B. 221, A.L. 2021 S.B. 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.321 - Effective date for certain sections.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2007
385.321. Effective date for certain sections. —
The repeal of sections 407.1200, 407.1203, 407.1206, 407.1209, 407.1212, 407.1215, 407.1218, 407.1221, 407.1224, 407.1225, and 407.1227 and the enactment of sections 385.200, 385.201
*
, 385.203
*
, 385.204, 385.205
**
, 385.207
**
, 385.208, 385.209
**
, 385.210, 385.211
**
, 385.212, 385.300, 385.301
*
, 385.302, 385.303
*
, 385.304, 385.305
*
, 385.306, 385.307
*
, 385.310, 385.311
*
, and 385.312, shall become effective January 1, 2008.
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(L. 2007 H.B. 221 § B)
*This section does not exist and was not contained in H.B. 221, 2007.
**This section did not exist and was not contained in H.B. 221, 2007, but was enacted in S.B. 132, 2011.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.400 - Citation of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.400. Citation of law. —
Sections 385.400 to 385.436 shall be known and may be cited as the "Missouri Vehicle Protection Product Act".
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.406 - Applicability, exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.406. Applicability, exceptions. —
1. No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of sections 385.400 to 385.436.
2. Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with sections 385.400 to 385.436 are not required to comply with and are not subject to any other provisions of the state insurance code.
3. Service contract providers who do not sell vehicle protection products are not subject to the requirements of sections 385.400 to 385.436 and sales of vehicle protection products are exempt from the requirements of sections 385.200 to 385.220.
4. Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of sections 385.400 to 385.436.
5. Notwithstanding the provisions of sections 408.140 and 408.233, a business which is licensed and regulated under sections 367.100 to 367.215 or sections 367.500 to 367.533 may offer and sell service contracts, as defined in sections 385.200, 385.300, and 385.403, in conjunction with other transactions so long as such business complies with all other requirements of this chapter.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.409 - Registration required — records, content — fee — notice for failure to register.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.409. Registration required — records, content — fee — notice for failure to register. —
1. A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the director.
2. Warrantor registration records shall be filed annually and shall be updated within thirty days of any change. The registration records shall contain the following information:
(1) The warrantor's name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number;
(2) The name and address of the warrantor's agent for service of process in the state if other than the warrantor;
(3) The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state;
(5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by section 385.412;
(6) A copy of each warranty the warrantor proposes to use in this state; and
(7) A statement indicating under which provision of section 385.412 the warrantor qualifies to do business in this state as a warrantor.
3. The director may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed five hundred dollars annually or as set by regulation. The information in subdivisions (1) and (2) of subsection 2 of this section shall be made available to the public.
4. If a registrant fails to register by the renewal deadline, the director shall give him or her written notice of the failure and the registrant will have thirty days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.
5. An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.412 - Vehicle protection products, no offer for sale unless warrantor ensures adequate performance.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.412. Vehicle protection products, no offer for sale unless warrantor ensures adequate performance. —
No vehicle protection product shall be sold or offered for sale in this state unless the warrantor conforms to either subdivision (1) or (2) of this section in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required. The vehicle protection product's warrantor may meet the requirements of this section by:
(1) Obtaining a warranty reimbursement insurance policy issued by an insurer authorized to do business within this state which provides that the insurer will pay to, or on behalf of, the warrantor one hundred percent of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty. The warrantor shall file a true and correct copy of the warranty reimbursement insurance policy with the director. The policy shall contain the provisions required in section 385.415; or
(2) Maintaining a net worth or stockholder's equity of fifty million dollars. The warrantor shall provide the director with a copy of the warrantor's or warrantor's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor or the warrantor's parent company's audited financial statements that shows a net worth of the warrantor or its parent company of at least fifty million dollars. If the warrantor's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor's financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The financial information filed under this subdivision shall be confidential as a trade secret of the entity filing the information and not subject to public disclosure if the entity is not required to file with the Securities and Exchange Commission.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.415 - Warranty reimbursement insurance policy requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.415. Warranty reimbursement insurance policy requirements. —
No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide that all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor;
(2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within sixty days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement;
(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and
(4) The policy has the following provisions regarding cancellation of the policy:
(a) The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the director and each insured warrantor sixty days prior to cancellation of the policy;
(b) The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and
(c) In the event an insurer cancels a policy that a warrantor has filed with the director, the warrantor shall do either of the following:
a. File a copy of a new policy with the director, before the termination of the prior policy; or
b. Discontinue offering warranties as of the termination date of the policy until a new policy becomes effective and is accepted by the director.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.421 - Warranty to contain cancellation terms and conditions — written notice of cancellation required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.421. Warranty to contain cancellation terms and conditions — written notice of cancellation required. —
1. No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty states the terms and conditions governing the cancellation of the sale and warranty, if any.
2. The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1) Fails to pay for the vehicle protection product;
(2) Makes a material misrepresentation to the seller or warrantor;
(3) Commits fraud; or
(4) Substantially breaches the warranty holder's duties under the warranty.
3. A warrantor cancelling a warranty shall mail written notice of cancellation to the warranty holder at the last known address of the warranty holder in the warrantor's records at least thirty days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.424 - Prohibited use of names and terms.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.424. Prohibited use of names and terms. —
1. Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature the words "insurance", "casualty", "surety", "mutual", or any other word that is descriptive of the insurance, casualty, or surety business or that is deceptively similar to the name or description of any insurance or surety corporation or any other vehicle protection product warrantor. A warrantor may use the term "guaranty" or a similar word in the warrantor's name. A warrantor or its representative shall not in its vehicle protection product warranties or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a vehicle protection product warranty.
2. A vehicle protection product seller or warrantor may not require as a condition of financing that a retail purchaser of a motor vehicle purchase a vehicle protection product.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.427 - Record-keeping requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.427. Record-keeping requirements. —
1. All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under sections 385.400 to 385.436.
2. A vehicle protection product warrantor's accounts, books, and records shall include:
(1) Copies of all vehicle protection product warranties;
(2) The name and address of each warranty holder; and
(3) Claims files which shall contain at least the dates, amounts, and descriptions of all receipts, claims, and expenditures.
3. A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least three years after the specified period of coverage has expired. A warrantor discontinuing business in the state shall maintain its records until it furnishes the director satisfactory proof that it has discharged all obligations to warranty holders in this state.
4. Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under sections 385.400 to 385.436 available to the director for examination.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.430 - Enforcement authority — administrative orders permitted.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.430. Enforcement authority — administrative orders permitted. —
1. The director may conduct examinations of warrantors, administrators, or other persons to enforce sections 385.400 to 385.436 and protect warranty holders in this state. Upon request of the director, a warrantor shall make available to the director all accounts, books, and records concerning vehicle protection products provided by the warrantor that are necessary to enable the director to reasonably determine compliance or noncompliance with sections 385.400 to 385.436.
2. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice, or course of business constituting a violation of sections 385.400 to 385.436 or a rule adopted or order issued pursuant thereto, or a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 385.400 to 385.436 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of these sections is a level two violation under section 374.049.
3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice, or course of business constituting a violation of sections 385.400 to 385.436 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 385.400 to 385.436 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of these sections is a level two violation under section 374.049.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.433 - Rulemaking authority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.433. Rulemaking authority. —
The director may promulgate rules and regulations to implement the provisions of sections 385.400 to 385.436. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2009, shall be invalid and void.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.436 - Admissibility of failure to comply evidence.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 01 Jan 2009, see footnote
385.436. Admissibility of failure to comply evidence. —
Sections 385.400 to 385.436 apply
*
to all vehicle protection products sold or offered for sale on or after January 1, 2009. The failure of any person to comply with sections 385.400 to 385.436 prior to January 1, 2009, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of sections 385.400 to 385.436 does not imply that a vehicle protection product warranty was insurance prior to January 1, 2009. The penalty provision of sections 385.400 to 385.436 do not apply to any violation of sections 385.400 to 385.436 relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty so long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease.
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(L. 2008 S.B. 930 & 947)
Effective 1-01-09
*Word "applies" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 385 - Credit Insurance and Service Contracts › Section 385.450 - Motor clubs — definitions — fees not subject to premium tax — inapplicability of certain insurance laws.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 385
• Effective - 28 Aug 2021
385.450. Motor clubs — definitions — fees not subject to premium tax — inapplicability of certain insurance laws. —
1. As used in this section, the following terms shall mean:
(1)
"Motor club"
, a legal entity that, in consideration of dues, assessments, or periodic payments of moneys, promises to provide motor club services to its members or subscribers;
(2)
"Motor club contract"
, an agreement whereby a motor club promises to render, furnish, or procure motor club services to or for its members or subscribers;
(3)
"Motor club services"
, services that assist a member or subscriber of a motor club in matters relating to motor travel or the operation, use, or maintenance of a motor vehicle by supplying services that may include, but are not limited to, towing service, emergency road service, bail and guaranteed arrest bond certificate service, discount service, theft service, map service, touring service, legal fee reimbursement service in the defense of traffic offenses, and participation in an accident and sickness or accidental death insurance benefit program issued by an insurance company authorized to do business in this state.
2. Fees collected from the sale of motor club contracts shall not be subject to taxation of premiums under chapter 148.
3. Motor clubs complying with the provisions of this section shall not be required to comply with the provisions of chapter 374 or 375, or any other provisions governing insurance companies, except as specifically provided.
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(L. 2021 S.B. 6)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.010 - Short title of law.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.010. Short title of law. —
This chapter
*
shall be known as the "Public Service Commission Law", and shall apply to the public services herein described and the commission herein created, and to the public service corporations, persons and public utilities mentioned and referred to in this chapter.
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(RSMo 1939 § 5577)
Prior revisions: 1929 § 5121; 1919 § 10410
*Reference to "chapter" is taken from RSMo 1939 and includes all of chapter 386, sections 387.010 to 387.340, 389.780, 390.020 to 390.161, 391.070, 392.190 to 392.360 and 393.110 to 393.290
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.030 - Chapter not applicable to interstate commerce.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1987
386.030. Chapter not applicable to interstate commerce. —
Neither this chapter, nor any provision of this chapter, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this union, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.
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(RSMo 1939 § 5718, A.L. 1984 S.B. 596, A.L. 1987 H.B. 360)
Prior revisions: 1929 § 5262; 1919 § 10549
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.040 - Commission established.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1939
386.040. Commission established. —
A "Public Service Commission" is hereby created and established, which said public service commission shall be vested with and possessed of the powers and duties in this chapter specified, and also all powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.
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(RSMo 1939 § 5579)
Prior revisions: 1929 § 5123; 1919 § 10412
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.050 - Appointment of commissioners — qualifications — tenure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2003
386.050. Appointment of commissioners — qualifications — tenure. —
The commission shall consist of five members who shall be appointed by the governor, with the advice and consent of the senate, and one of whom shall be designated by the governor to be chair of the commission. Each commissioner, at the time of the commissioner's appointment and qualification, shall be a resident of the state of Missouri, and shall have resided in the state for a period of at least five years next preceding the appointment and qualification, and shall also be a qualified voter therein and not less than twenty-five years of age. Upon the expiration of each of the terms of office of the first commissioners, the term of office of each commissioner thereafter appointed shall be six years from the time of the commissioner's appointment and qualification and until his successor shall qualify. Vacancies in the commission shall be filled by the governor for the unexpired term.
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(RSMo 1939 § 5580, A. 1949 H.B. 2099, A.L. 2003 H.B. 208)
Prior revisions: 1929 § 5124; 1919 § 10413