reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 359 - Uniform Limited Partnership Law › Section 359.641 - Effective dates.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 359
Effective - 01 Jan 1987, see footnote
359.641. Effective dates. —
1. All domestic limited partnerships formed on or after January 1, 1987, and all foreign limited partnerships doing business in Missouri after January 1, 1987, shall be governed by the provisions of this act
*
.
2. All domestic limited partnerships formed prior to January 1, 1987, shall have until January 1, 1989, to elect to be governed by the provisions of this act
*
. Those domestic limited partnerships not electing to comply with this act
*
will be subject to the sanctions of section 359.691.
3. All domestic limited partnerships formed prior to January 1, 1987, which elect to be governed by this act
*
shall file with the secretary of state a certificate of partnership as required by section 359.091, or file with the secretary of state the original certificate of partnership and its amendments, if any, plus a designation of registered office and registered agent. All those domestic limited partnerships formed prior to January 1, 1987, will be charged a filing fee of fifty dollars by the secretary of state when complying with this section.
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(L. 1985 H.B. 512 & 650)
Effective 1-01-87
*"This act" (H.B. 512 & 650, 1985) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 359 - Uniform Limited Partnership Law › Section 359.651 - Filing fees.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 359
Effective - 28 Aug 2014
359.651. Filing fees. —
1. The secretary of state shall charge the fee specified for filing the following:
(1) Certificates of limited partnership: one hundred dollars;
(2) Applications for registration of foreign limited partnerships and issuance of a certificate of registration to transact business in this state: one hundred dollars;
(3) Amendments to and restatements of certificates of limited partnerships or to applications for registration of foreign limited partnerships or any other filing not otherwise provided for: twenty dollars;
(4) Cancellations of certificates of limited partnerships or of registration of foreign limited partnerships: twenty dollars;
(5) A consent required to be filed under this chapter: twenty dollars;
(6) A change of address of registered agent, or change of registered agent, or both: five dollars;
(7) A partner list: one dollar each page;
(8) Reservation of name: twenty dollars;
(9) Rescission fee: one hundred dollars.
2. Fees mandated in subdivision (1) of subsection 1 of this section shall be waived if a general partner of the partnership 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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(L. 1985 H.B. 512 & 650, A.L. 1990 H.B. 1432, A.L. 2014 S.B. 600)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 359 - Uniform Limited Partnership Law › Section 359.653 - Additional fee — expiration date.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 359
• Effective - 28 Aug 2020, 4 histories
359.653. Additional fee — expiration date. —
The secretary of state may collect an additional fee of five dollars on each and every fee required in this chapter. All fees collected as provided in this section shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account. The provisions of this section shall expire on December 31, 2026.
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(L. 1994 S.B. 635, A.L. 2001 H.B. 453 merged with S.B. 288, A.L. 2008 S.B. 1150, A.L. 2017 S.B. 95, A.L. 2020 S.B. 631)
Expires 12-31-26
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 359 - Uniform Limited Partnership Law › Section 359.671 - Rules for cases not provided in this chapter.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 359
Effective - 01 Jan 1987, see footnote
359.671. Rules for cases not provided in this chapter. —
In any case not provided for in this chapter, the provisions of the uniform partnership law govern.
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(L. 1985 H.B. 512 & 650)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 359 - Uniform Limited Partnership Law › Section 359.691 - Violation of law requiring certificate of limited partnership, penalty.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 359
• Effective - 01 Jan 1987, see footnote
359.691. Violation of law requiring certificate of limited partnership, penalty. —
Any person, or persons, who shall exercise any of the powers, privileges or authority of a limited partnership prior to obtaining a certificate of limited partnership under this chapter or after cancellation or disapproval of such certificate pursuant to subdivision (2) of section 359.681, shall be deemed guilty of a class B misdemeanor.
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(L. 1985 H.B. 512 & 650)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.010 - Short title.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.010. Short title. —
Sections 360.010 to 360.140 may be referred to and cited as the "Missouri Health and Educational Facilities Authority Act".
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(L. 1975 H.B. 70 § 27)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.020 - Authority established — membership, terms — vacancy, how filled — removal of member, when.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.020. Authority established — membership, terms — vacancy, how filled — removal of member, when. —
There is hereby created a body politic and corporate to be known as the "Health and Educational Facilities Authority of the State of Missouri". The authority is hereby constituted a public instrumentality and body corporate, and the exercise by the authority of the powers conferred by sections 360.010 to 360.140 shall be deemed and held to be the performance of an essential public function. The authority shall consist of seven members to be appointed by the governor, by and with the advice and consent of the senate, each of whom shall be a resident of the state. Not more than four out of the seven members of the authority shall be of the same political party. In making appointments to the authority, the governor shall take into consideration nominees recommended to him for appointment by professional organizations of hospitals, operators of long term health care facilities, higher education associations, investment bankers, and architects. The members of the authority first appointed by the governor shall be appointed as follows: Two for a term of one year, two for a term of two years, and one each for terms of three, four, and five years, respectively, from the date of appointment, or until their successors shall have been appointed and shall have qualified. The initial term of each such member is to be designated by the governor at the time of making the appointment. Upon the expiration of the initial terms of office, successor members shall be appointed for terms of five years and shall serve until their successors shall have been appointed and shall have qualified. Any member shall be eligible for reappointment. The governor shall fill any vacancy for the remainder of any unexpired term. Any member of the authority may be removed by the governor for misfeasance, malfeasance, willful neglect of duty, or other cause after notice and a public hearing unless the notice or hearing shall be expressly waived in writing.
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(L. 1975 H.B. 70 § 2)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.025 - Meetings to be open — quorum — notice — expenses of members.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.025. Meetings to be open — quorum — notice — expenses of members. —
Four members of the authority shall constitute a quorum for the purpose of conducting business. The exercise of the powers of the authority and action may be taken by the authority upon the affirmative vote of the lesser of four members or a majority of the members present as long as a quorum is present. Each meeting of the authority for any purpose whatsoever shall be open to the public, except as otherwise provided by law. Notice of meetings shall be given as provided in the bylaws of the authority. The proceedings and actions of the authority shall comply with all statutory requirements respecting the conduct of public business by a public agency. Members of the authority shall receive no compensation for services but shall be entitled to reimbursement for necessary expenses, including traveling and lodging expenses, incurred in the discharge of their duties. Any payment for expenses shall be paid from funds of the authority.
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(L. 1975 H.B. 70 § 3, A.L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.030 - Officers of authority, how selected — powers and duties, how fixed.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.030. Officers of authority, how selected — powers and duties, how fixed. —
The member of the authority designated by the governor for the purpose shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tem. At the initial meeting and annually thereafter, the authority shall elect one of its members as chairman and one as vice chairman. In addition, at the initial meeting and annually thereafter, the authority shall appoint a secretary and a treasurer either of whom may be a member of the authority and, if not a member of the authority, shall receive such compensation as shall be fixed from time to time by action of the authority. The authority may appoint an executive director who shall not be a member of the authority and who shall serve at its pleasure. If an executive director is appointed, he shall receive such compensation as shall be fixed from time to time by action of the authority. The authority may designate the secretary to act in lieu of the executive director. The secretary shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute books or journal thereof, and its official seal. The secretary may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true and correct copies, and all persons dealing with the authority may rely on such certificates. The authority, by resolution duly adopted, shall fix the powers and duties of its executive director as it may from time to time deem proper and necessary.
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(L. 1975 H.B. 70 § 4)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.035 - Bond required, amount of.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.035. Bond required, amount of. —
Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each member and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety, and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond shall be paid by the authority.
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(L. 1975 H.B. 70 § 5)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.040 - Conflict of interest not applicable, when.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.040. Conflict of interest not applicable, when. —
Any other provision of the law to the contrary notwithstanding, it shall not be or constitute a conflict of interest for a trustee, director, officer, employee, owner or partner of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, employee, owner or partner shall abstain from deliberation, action, and vote by the authority in each instance where the business affiliation or any such trustee, director, officer, employee, owner or partner is involved.
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(L. 1975 H.B. 70 § 6, A.L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.046 - Missouri college savings bonds, purpose, guidelines established by authority.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.046. Missouri college savings bonds, purpose, guidelines established by authority. —
1. Other provisions of law to the contrary notwithstanding, whenever the authority issues its bonds, notes or other evidences of indebtedness pursuant to sections 360.010 to 360.140, the authority may designate all or a portion of such bonds, notes or other evidences of indebtedness as Missouri college savings bonds.
2. Upon such designation, the authority may elect to structure the terms of such Missouri college savings bonds in order to effectuate the following purposes:
(1) To encourage Missouri residents to save for higher education; and
(2) To encourage attendance at institutions of higher education by providing tax exempt investment alternatives to enhance the same.
3. The authority is hereby authorized to establish guidelines for structuring the terms of and for marketing and effecting the sale of any Missouri college savings bonds.
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(L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.047 - Power of authority in issuance of bonds, notes or indebtedness — authority to conduct public hearings, when.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1999
360.047. Power of authority in issuance of bonds, notes or indebtedness — authority to conduct public hearings, when. —
1. The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the state of Missouri (out-of-state issuers) in connection with issuance of bonds, notes or other evidence of indebtedness by such out-of-state issuers for educational facilities and health facilities located within the state of Missouri.
2. In connection with such financing by out-of-state issuers, the authority is designated as the only entity in the state of Missouri which may conduct the public hearing of the applicable governmental unit required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the governor of the state of Missouri is designated as the only person or entity in the state of Missouri who may serve as the elected representative which must give approval on behalf of the applicable governmental unit pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended.
3. Following such hearing, the authority shall determine whether the financing should proceed with respect to educational facilities or health facilities located within the state of Missouri by an out-of-state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed relative to the Missouri facilities.
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(L. 1998 H.B. 971, A.L. 1999 S.B. 276)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.050 - Authority must act as lessor only — term of lease — rentals, how set.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.050. Authority must act as lessor only — term of lease — rentals, how set. —
The authority shall not have the power to operate any facility or facilities as a business other than as a lessor. Any lease of any facility or facilities entered into pursuant to the provisions of sections 360.010 to 360.140 shall be for a term not shorter than the longest maturity of any bonds issued to finance the facility or facilities or a portion thereof and shall provide for rentals adequate to pay the principal of and interest on the bonds as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.
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(L. 1975 H.B. 70 § 8)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.055 - Acquisition of property authorized — participating health or educational institution, power to borrow funds from authority.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.055. Acquisition of property authorized — participating health or educational institution, power to borrow funds from authority. —
1. The authority is authorized and empowered directly, or by or through a participating health institution or participating educational institution, as the case may be, acting as an agent of the authority, to acquire by purchase, lease, gift, devise, or otherwise such lands, structures, real or personal property, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights which are located within or without the state, as the authority may deem necessary or convenient for the construction or acquisition or operation of any facility or facilities, but only upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of the participating health institution or the participating educational institution, as the case may be, as the agent of the authority.
2. Notwithstanding any other provisions of law to the contrary, all partnerships, limited partnerships, joint ventures or other entities or any public association, corporation or institution which is, or is owned or operated by, any political subdivision of the state of Missouri, which constitutes a participating educational institution or a participating health institution pursuant to section 360.015 shall have the power to borrow funds from the authority or otherwise finance through the authority pursuant to sections 360.010 to 360.140, to furnish a security interest in any of their revenues or properties to secure the borrowings, to issue notes or other evidence of indebtedness to evidence thereof upon such terms as such borrowing entity shall determine and to enter into leases, contracts, loan agreements and other instruments with the authority in connection therewith.
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(L. 1975 H.B. 70 § 9, A.L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.065 - Subsequent or additional issues of bonds, when — refunding bonds, when.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.065. Subsequent or additional issues of bonds, when — refunding bonds, when. —
Issuance by the authority of one or more series of bonds for one or more than one purpose shall not preclude it from issuing other bonds in connection with the same facility or facilities, any other facility or facilities, or any other purpose hereunder, but the resolution or trust indenture whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. Any issue of bonds of the authority at any time outstanding may be refunded at any time and from time to time by the authority by the issuance of its refunding bonds in such amount as the authority may deem necessary, but not exceeding the amount sufficient to refund the principal of the bonds so to be refunded together with any unpaid interest thereon and any premiums, commissions, service fees, and other expenses necessary to be paid in connection with the refunding. Any such refunding may be effected whether the bonds to be refunded then shall have matured or thereafter shall mature, either by sale of the refunding bonds and the application of the proceeds thereof to the payment of the bonds being refunded or by the exchange of the refunding bonds for the bonds being refunded with the consent of the holder or holders of the bonds being refunded, regardless of whether or not the bonds being refunded were issued in connection with the same facility or facilities, or a separate facility or facilities, or any other purpose hereunder and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.
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(L. 1975 H.B. 70 § 11, A.L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.070 - Bonds and interest coupons declared negotiable instruments.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.070. Bonds and interest coupons declared negotiable instruments. —
All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
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(L. 1975 H.B. 70 § 12)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.075 - Bonds, how secured.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.075. Bonds, how secured. —
1. The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, rentals, and receipts out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust, including assignment of leases or other contract rights of the authority thereunder, covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged may be derived, including any enlargements of and additions to any such facilities thereafter made. The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collecting of rentals for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues, rentals, or receipts, and the rights and remedies available in the event of default, including the designation of a trustee, all as the authority shall deem advisable and not in conflict with the provisions hereof. Each pledge, agreement, lease, indenture, mortgage, and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provisions for such payment duly made. In the event of a default in the payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolution authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, the payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity, foreclosure of any mortgage or deed of trust, or any one or more of these remedies.
2. In addition to the provisions of subsection 1 of this section, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of facilities with two or more participating health institutions or participating educational institutions, as lessees respectively, upon such terms as may be provided in the resolutions of the authority or as may be provided in a trust indenture authorized by the authority.
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(L. 1975 H.B. 70 § 13)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.080 - Bonds not an obligation of the state.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.080. Bonds not an obligation of the state. —
Bonds issued under the provisions of sections 360.010 to 360.140 shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof or a pledge of the full faith and credit of the state or of any such political subdivision, but the bonds shall be payable solely from the funds provided for in sections 360.010 to 360.140. The issuance of bonds under the provisions of sections 360.010 to 360.140 shall not, directly, indirectly, or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this section shall prevent or be construed to prevent the authority from pledging the full faith and credit of a participating health institution or participating educational institution, as the case may be, to the payment of bonds authorized pursuant to sections 360.010 to 360.140. Nothing in sections 360.010 to 360.140 shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of the state of Missouri, and each bond issued by the authority pursuant to the provisions of sections 360.010 to 360.140 shall be payable and shall state on its face that it is payable solely from the funds pledged for its payment in accordance with the resolution authorizing its issuance or any trust indenture or mortgage or deed of trust executed as security therefor. The state shall not be liable in any event for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon the general credit or taxing power of the state.
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(L. 1975 H.B. 70 § 14)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.085 - Income of authority tax exempt — bonds deemed to be securities issued by public instrumentality.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.085. Income of authority tax exempt — bonds deemed to be securities issued by public instrumentality. —
The authority is hereby declared to be performing a public function in behalf of the state and to be a public instrumentality of the state. Accordingly, the income of the authority and all properties at any time owned by the authority shall be exempt from all taxation in the state of Missouri. For the purposes of section 409.402, all bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or political subdivision of the state of Missouri.
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(L. 1975 H.B. 70 § 15)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.090 - Authority to be self-supporting, exception.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.090. Authority to be self-supporting, exception. —
All expenses of the authority incurred in carrying out the provisions of sections 360.010 to 360.140 shall be payable solely from funds provided under the provisions of sections 360.010 to 360.140, and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under sections 360.010 to 360.140, except that, for the purpose of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder. The authority shall be empowered to borrow such moneys as may be required for the necessary expenses of initial organization and operation. The borrowed moneys shall be repaid within a reasonable time after the authority receives funds as provided in sections 360.010 to 360.140 and shall be repaid solely from such funds.
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(L. 1975 H.B. 70 § 16)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.095 - Initial planning service fee, amount of, how determined — proration of fee, when.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.095. Initial planning service fee, amount of, how determined — proration of fee, when. —
1. When an application is made to the authority by any health institution or educational institution for financial assistance, the application shall be accompanied by an "initial planning service fee" in an amount determined by the authority, but in no event exceeding the lesser of ten thousand dollars or one-fourth of one percent of the principal amount of bonds contemplated to be issued pursuant to the application. The initial planning service fee shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not such application is approved. In addition to the foregoing, the authority may require each participating health institution and each participating educational institution to pay directly, or as part of the cost of the acquisition of any facility or facilities, an additional annual service fee in an amount which shall be fixed from time to time by the authority, but which shall not exceed one-tenth of one percent of the principal amount of any bonds issued by the authority and then outstanding on behalf of any such institution. The additional annual service fee shall be paid in such installments as shall be fixed by the authority. It is anticipated that the fees shall be used for necessary administrative expenses and for necessary expenses incurred in determining the need for facilities in the area concerned, and, to that end, the authority may utilize recognized voluntary and official health planning and educational planning organizations and agencies at local, regional, and state levels as well as the state statutory bodies having health or educational facilities planning responsibilities.
2. In the event bonds are issued by the authority for the concurrent benefit of two or more participating health institutions or two or more participating educational institutions, the fees to be paid to the authority under this section shall be prorated among the institutions involved in accordance with the amount of bond proceeds allocated to each participating institution.
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(L. 1975 H.B. 70 § 17)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.100 - Conveyance to participating institution, when made.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.100. Conveyance to participating institution, when made. —
When the principal of and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions or participating educational institutions, as the case may be, including any bonds issued to refund and refinance such bonds, shall have been fully paid and retired or when adequate provision shall have been made fully to pay and retire the same and all other conditions of the resolution, the lease, the trust indenture, and the mortgage or deed of trust, if any, authorizing and securing the same shall have been satisfied, the lien of the mortgage or deed of trust, if any, authorizing and securing the same shall have been satisfied, and the lien of the mortgage or deed of trust shall have been released in accordance with the provisions thereof, the authority promptly shall do all things and execute such deeds and conveyances as are necessary and required to convey its right, title, and interest in the facilities so financed and any other facilities mortgaged to secure the bonds to the participating health institution or institutions or to the participating educational institution or institutions, as the case may be.
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(L. 1975 H.B. 70 § 18)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.107 - Bonds or notes to finance working capital, security for — working capital defined.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.107. Bonds or notes to finance working capital, security for — working capital defined. —
1. Notwithstanding any other provision of law to the contrary, in addition to other powers granted to the authority by sections 360.010 to 360.140, the authority shall have the power to issue bonds or notes for the purpose of making loans to, or purchasing the notes of, any educational institution or health institution for the purpose of financing working capital and all related costs of such financing, including, but not limited to, all costs, charges, fees and expenses of underwriters, advisory lawyers, consultants, accountants and of the authority.
"Working capital"
as used in this section means moneys to be used by, or on behalf of, an educational institution or health institution to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of an educational facility or health facility, including, but not limited to, reserves for maintenance or operation expenses, interest for not to exceed one year on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing.
2. Bonds or notes issued pursuant to this section may be secured by a pledge of payments made to the authority by the educational institution or health institution, by the notes of the educational institution or health institution, or by a pooling of such payments or notes of two or more such entities. In connection with any financing pursuant to the power granted in this section, the authority shall have all power as set forth elsewhere by sections 360.010 to 360.140.
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(L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.108 - Bonds or notes to finance self-insurance or risk management programs, effect of programs.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.108. Bonds or notes to finance self-insurance or risk management programs, effect of programs. —
1. Notwithstanding any other provision of law to the contrary, in addition to other powers granted to the authority by sections 360.010 to 360.140, the authority shall have the power to issue bonds or notes for the purpose of making loans to, or purchasing the notes of, any educational institution or health institution for the purpose of funding any self-insurance program or obligation or risk management program for the educational institution or health institution for the educational institution or health institution relative to professional liability, general liability, tort claims, and related fees and expenses incurred in the defense and settlement thereof, including attorney's fees, including, but not limited to, the funding of any reserves under an indenture with respect to same and all related costs of such financing, including, but not limited to, all costs, charges, fees and expenses of underwriters, advisory lawyers, consultants, accountants and of the authority. Bonds or notes issued pursuant to this section may be secured by a pledge of payments made to the authority by the educational institution or health institution, by the notes of the educational institution or health institution, or by pooling of such payments or notes of two or more such entities. In connection with any financing pursuant to the power granted in this section, the authority shall have all power as set forth elsewhere in sections 360.010 to 360.140.
2. Any self-insurance program or obligation or risk management program funded pursuant to this section shall have the same effect as the purchase of insurance by the entity as otherwise provided by law, and, as to partnerships, limited partnerships, joint ventures or other entities or any public association, corporation or institution which is, or is owned or operated by, any political subdivision of the state which constitutes a participating educational institution or participating health institution shall have the same effect as a self-insurance plan adopted by the governing body of any political subdivision of the state.
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(L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.109 - Bonds or notes to finance desegregation of schools, powers of authority.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1988
360.109. Bonds or notes to finance desegregation of schools, powers of authority. —
1. Notwithstanding any other provision of law to the contrary, in addition to other powers granted to the authority by sections 360.010 to 360.140, the authority shall have the power to issue bonds or notes or other evidences of indebtedness for the purpose of making loans to, or purchasing the notes of, or owning and leasing to or otherwise assisting the state of Missouri or its agencies, departments or boards for the purpose of financing any of the following which the state of Missouri or its agencies, departments or boards is required, permitted, or deems it necessary to provide, pursuant to or in compliance with, any past, present or future order, ruling, decree, settlement or other directive of any court of the United States of America or of the state of Missouri in connection with or in any way related to any court case involving desegregation of schools located in the state of Missouri: The cost of all or any portion of structures, buildings, fixtures, materials, equipment and any and all other capital items used in connection with the providing of primary, elementary or secondary education at or below the high school level in the state of Missouri, including, without in any way limiting the generality of the foregoing, academic structures or buildings, libraries, classrooms, places for athletic activities, places of learning, laboratories, places in which to provide health care, places in which to house maintenance equipment and supplies, storage places, places in which to locate utilities, administration facilities, student union facilities, communication or technological facilities, as well as other structures or appurtenances related thereto required or useful for the instruction or training of students and related research and activities, and also for the cost of all or any portion of student, teacher, counselor, employee, administrator, or other individual's school transportation, and salaries and other benefits and costs of teachers, counselors, employees, administrators or other individuals, and all related costs of such financings, including, but not limited to, all costs, charges, fees and expenses of underwriters, attorneys, consultants, accountants and the authority.
2. The authority shall have the power to cooperate with and assist the state of Missouri or its agencies, departments or boards in providing the financing described herein. In connection with any financing pursuant to the power granted in this section, the authority shall have all powers as set forth elsewhere in sections 360.010 to 360.040.
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(L. 1988 H.B. 1456)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.110 - Sections 360.010 to 360.140 not exclusive of other provisions of law.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 1975
360.110. Sections 360.010 to 360.140 not exclusive of other provisions of law. —
1. Neither sections 360.010 to 360.140 nor anything in sections 360.010 to 360.140 shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. Nothing in sections 360.010 to 360.140 shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority or to impair any power thereover of any official or agency of the state and its governmental subdivisions which otherwise may be provided by law.
2. All facilities shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which any such facilities are situated or are to be situated.
3. The powers conferred by sections 360.010 to 360.140 shall be in addition and supplementary to, and the limitations imposed by sections 360.010 to 360.140 shall not affect the powers conferred by any other law. Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under sections 360.010 to 360.140 for said purposes notwithstanding the fact that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of like facilities or the issuance of bonds for like purposes, without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
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(L. 1975 H.B. 70 §§ 20, 21, 26)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.111 - School districts or public community colleges may participate in a direct deposit agreement — participation a waiver of right to bankruptcy.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 2002
360.111. School districts or public community colleges may participate in a direct deposit agreement — participation a waiver of right to bankruptcy. —
Any school district or public community college which is not a participating district, as defined in section 360.106, with respect to a particular issue of its bonds, notes or other financial obligations may participate with the authority in a direct deposit agreement with respect to such issue of bonds, notes or other financial obligations. A direct deposit agreement under sections 360.111 to 360.118 shall satisfy all requirements of subsection 6 of section 360.106 with regard to funding agreements of participating districts, and such school district shall be subject to all requirements applicable to participating districts under subsections 6 and 9 of section 360.106 and shall have all powers granted to participating districts under subsection 6 of section 360.106. A direct deposit agreement under sections 360.111 to 360.118 shall include a complete waiver by the school district or public community college of all powers, rights and privileges conferred upon the school district or public community college to institute any action authorized by any act of the Congress of the United States relating to bankruptcy on the part of the school district or public community college. No school district or public community college shall be precluded from participation with the authority pursuant to section 360.106 with respect to any particular issue of bonds, notes or other financial obligations on the basis of the district's or college's participation with the authority in a direct deposit agreement pursuant to sections 360.111 to 360.118 with respect to any other issue of bonds, notes or other financial obligations.
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(L. 1995 S.B. 301 § 360.111 subsec. 1, A.L. 2002 H.B. 1477, et al. merged with S.B. 947)
2023 Missouri Revised Statutes › Title XXIII - Corporations, Associations and Partnerships › Chapter 360 - Missouri Health and Educational Facilities Act › Section 360.112 - Authority to serve as administrator for issuance — commissioner of education and state treasurer's authority.

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS
Chapter 360
• Effective - 28 Aug 2002
360.112. Authority to serve as administrator for issuance — commissioner of education and state treasurer's authority. —
The authority shall serve as administrator for any issuance pursuant to sections 360.111 to 360.118. The authority, the commissioner of education and the state treasurer shall be authorized to take all actions with regard to a school district or public community college which has a direct deposit agreement under sections 360.111 to 360.118 as such persons are authorized to take such actions with respect to a participating district under subsection 6 of section 360.106.
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(L. 1995 S.B. 301 § 360.111 subsec. 2, A.L. 2002 H.B. 1477, et al. merged with S.B. 947)