Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 110 - Office of the Director › Chapter 4 - Registration of Foreign-Owned Agricultural Land › Section 2 CSR 110-4.040 - Procedure for Filing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment incorporates new registration
				  requirements necessitated by Executive Order 24-01.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) A report upon forms, which are available
				on the Missouri Department of Agriculture's website, shall be filed at least
				thirty (30) days prior to the date of acquisition by sale, transfer, grant,
				devise, descent, or otherwise of any interest in agricultural land in Missouri
				by any foreign person, as that term is defined in section 442.592.1.,
				RSMo.
(2) These reports shall be
				submitted to the Missouri Department of Agriculture either by mail at PO Box
				630, Jefferson City, MO 65102-0630 or electronically at
www.agriculture.mo.gov
and shall be
				completed in full. Failure to complete the required form timely could result in
				a delay in determining whether the acquisition is in violation of state
				law.
(3) Each copy of the report
				shall be signed personally by the individual foreign person holding a potential
				interest in the agricultural land or by the legally authorized representative
				of that foreign person. If the reports are signed by the legally authorized
				representative of a foreign person, there shall be attached an appropriate
				document designating the individual signing as the authorized representative of
				the foreign person in question.
(4)
				The report required by this rule shall contain the following information in the
				appropriate spaces provided on the form:
(A)
				The legal name and address of the foreign person;
(B) In any case in which the foreign person
				is an individual, the citizenship of the foreign person;
(C) In any case in which the foreign person
				is not an individual or a government-
1. The
				nation in which the foreign person is created or organized; and
2. The legal name and address of each person
				or entity who holds any interest comprising five percent (5%) or more of the
				foreign person, directly or indirectly, through other persons or entities; and
				in any case in which the holder of the interest is an individual, the
				citizenship of the holder, and in any case in which the holder of the interest
				is not an individual or a government, the nation in which the holder is created
				or organized and the principal place of business of the
				holder;
(D) Whether any
				potential interest holder is a citizen or resident of, or is incorporated under
				the laws of a foreign adversary as determined by
				Title 15, Code of Federal
				Regulations, Section 7.4, published January
				19, 2021, incorporated by reference and made a part of this rule, as published
				by the United States Publishing Office, 732 N. Capital St NW, Washington DC,
				20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website:
http://bookstore.gpo.gov
;
(E) The type of interest in the agricultural
				land that is acquired or transferred by the foreign person;
(F) An exact legal description of the
				agricultural land, comporting with all requirements for recordation of title
				and including the county(ies) in which the land is located and the total
				acreage involved and any knowledge regarding whether or not the potential land
				acquisition is located within ten (10) miles of a military facility in this
				state;
(G) The purchase price paid
				or received for or any other consideration given or received for the interest
				as well as whether the potential land acquisition will utilize or involve any
				state or local government financial assistance or financing
				mechanisms;
(H) A declaration of the
				intended activity on the potential land by the reporting foreign
				person;
(I) In the case where any
				foreign person acquires an interest in agricultural land for the purposes
				outlined in section 442.591, RSMo, a declaration of
				the intended use of the land, which declaration shall be supplemented by
				submitting in writing to the director of the Department of Agriculture an
				amended declaration each time the intended use of all or a portion of the land
				changes; and
(J) Whether the
				foreign person currently owns any land in the state of Missouri, and if so, the
				specific locations of current ownership.