Effective - 28 Aug 2002
108.240. Bonds to be certified by state auditor — validity — defenses. — 1. Before any general obligation bearer bond or general obligation registered bond, hereafter issued by any county, township, city, town, village or school district or special road district or fire protection district or by virtue of the provisions of chapters 243, 245, 248, and sections 242.010 to 242.690 for any purpose whatever, shall obtain validity or be negotiated:
(1) If such bonds are in bearer form, such bonds shall first be presented to the state auditor, who, other provisions of law notwithstanding, shall certify by manual or facsimile endorsement of such bonds that all conditions of the laws have been complied with in its issue, if that be the case, and also that the conditions of the contract, under which they were ordered to be issued, have also been complied with and the evidence of that fact shall be filed and preserved by the auditor. The state auditor may endorse bearer bonds with the auditor's facsimile signature in lieu of manual signature after filing the auditor's manual signature, certified by the auditor under oath, with the secretary of state; and
(2) If such bonds are in registered form, the proceedings relating to the issuance of such registered bonds shall first be presented to the state auditor, who shall examine the same and shall issue a certificate that such proceedings comply with all conditions of the laws, if that be the case, and also that the conditions of the contract, under which they were ordered to be issued, have also been complied with, and the evidence of these facts shall be filed and preserved by the auditor. The state auditor shall also maintain the following information: the name of the issuer of the bonds; the amount thereof; the maturity dates thereof; the interest rates thereon; and the provisions with respect to prepayment, if any.
2. Such bearer bonds after receiving the said certificate of the auditor as herein provided and such registered bonds after the issuance of the said certificate as herein provided shall thereafter be held in every action, suit or proceeding in which their validity is, or may be, brought into question, prima facie, valid and binding obligations, and in every action brought to enforce collection of such bonds, the certificate of such auditor, or a duly certified copy thereof, shall be admitted and received in evidence of the validity of such bonds, together with the coupons thereto attached if any; provided, the only defense which can be offered against the validity of such bonds shall be for forgery or fraud. But this section shall not be construed to give validity to any such bonds as may be issued in excess of the limit fixed by the constitution, or contrary to its provisions, but all such bonds shall, to the extent of such excess, be held void; and provided further, that the remedy of injunction shall also lie at the instance of any taxpayer of the respective county, city, town, village, township or school district or special road district or fire protection district or drainage district or levy district to prevent the registration of any bonds, alleged to be illegally issued or funded.
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(RSMo 1939 § 3306, A.L. 1977 S.B. 357, A.L. 1983 S.B. 181, A.L. 2002 S.B. 1143)
Prior revisions: 1929 § 2920; 1919 § 1068; 1909 § 1275
Structure Missouri Revised Statutes
Title VIII - Public Officers and Employees, Bonds and Records
Chapter 108 - Bond Issues, Miscellaneous Provisions
Section 108.010 - County may become indebted, when — limitation.
Section 108.020 - Additional county indebtedness.
Section 108.030 - Interest and principal of indebtedness — annual tax on tangible property (county).
Section 108.040 - Election to authorize county indebtedness — petition.
Section 108.050 - Notice of election.
Section 108.060 - Form of ballot.
Section 108.070 - Vote required for approval — sale of bonds — tax to be imposed.
Section 108.080 - Bonds — denominations, interest rate — depositary (county).
Section 108.090 - County treasurer to sell bonds.
Section 108.100 - Bond registry, contents (county).
Section 108.120 - Road bonds — construction fund (county).
Section 108.130 - Funding of judgment indebtedness — bond issue therefor (county, municipality).
Section 108.140 - Political subdivisions may refund, extend, unify indebtedness.
Section 108.150 - Refunding bonds — provision for payment of interest and principal.
Section 108.160 - Record of redemption and cancellation.
Section 108.180 - Bond issue — funds kept separate.
Section 108.190 - Violation a misdemeanor — penalty.
Section 108.200 - Surplus funds for purchase of bonds.
Section 108.210 - Sale of bonds and purchase of new bonds.
Section 108.230 - Bond issue funds exempt from attachment and execution.
Section 108.240 - Bonds to be certified by state auditor — validity — defenses.
Section 108.250 - Auditor's fee for registering bonds — transmitted to director of revenue.
Section 108.270 - Auditor to certify annually amount required to pay interest, costs.
Section 108.280 - May levy larger tax — must certify to auditor bonds redeemed.
Section 108.290 - Registered bonds, lawful security.
Section 108.300 - Provisions not applicable to certain counties, cities or school districts.
Section 108.310 - Petition for pro forma decree.
Section 108.320 - Notice of presentation of petition — intervening petition.
Section 108.330 - Hearing — court order.
Section 108.350 - Court to determine appeal without delay.
Section 108.400 - Refunding bonds authorized.
Section 108.405 - Refunding bonds, how issued.
Section 108.450 - Definitions — authority to issue bonds, form — restrictions.
Section 108.465 - County defined to include certain cities.
Section 108.470 - Discrimination in granting of loans is unlawful.
Section 108.500 - Definitions.
Section 108.502 - Allocation to bond issuers, state ceiling used.
Section 108.508 - State ceiling for each calendar year, how calculated.
Section 108.512 - Notification of approval, rejection — expiration of approved allocation.
Section 108.518 - Extension procedure — time authorized — bonds not issued, expire when.
Section 108.520 - Certification of bonds.
Section 108.522 - Carry-forward election, procedure.
Section 108.524 - Expiration, resubmission of application.
Section 108.526 - Report of all private activity bonds issued, when — procedure.
Section 108.528 - Violations, effect.
Section 108.530 - State ceiling, revision of, director to make recommendations, when.
Section 108.532 - Allocation of state ceiling, law applicable, when.
Section 108.902 - Bonds, how registered.
Section 108.903 - Bonds, how sold, deposits — proceeds — expenses of sale, how paid.
Section 108.905 - Appropriations from fund, purposes — distribution.
Section 108.906 - Projects to be authorized by general assembly, exceptions.
Section 108.907 - Third state building fund, deposits, how made — interest to accrue to fund.
Section 108.908 - Third state building bond interest and sinking fund created, how used.
Section 108.910 - Tangible property tax, when levied.
Section 108.912 - Bonds, principal and interest, how paid — repurchase, when.
Section 108.913 - Treasurer to report on bond transactions to general assembly.
Section 108.927 - Bonds, how registered.
Section 108.929 - Proceeds of sales paid into fourth state building fund.
Section 108.1000 - Definitions — issuance of bonds, when — federal tax credits.
Section 108.1010 - Allocation of recovery zone bonds, to whom — application — rulemaking authority.