Effective - 28 Aug 2012, 2 histories
306.400. Liens and encumbrances — valid, perfected, when, how, future advances — boats and motors subject to, when, how determined — revenue to establish security procedure, electronic notices, rulemaking authority. — 1. As used in sections 306.400 to 306.440, the terms motorboat, vessel, and watercraft shall have the same meanings given them in section 306.010, and the term outboard motor shall include outboard motors governed by section 306.530.
2. Unless excepted by section 306.425, a lien or encumbrance on an outboard motor, motorboat, vessel, or watercraft shall not be valid against subsequent transferees or lienholders of the outboard motor, motorboat, vessel or watercraft, who took without knowledge of the lien or encumbrance unless the lien or encumbrance is perfected as provided in sections 306.400 to 306.430.
3. A lien or encumbrance on an outboard motor, motorboat, vessel or watercraft is perfected by the delivery to the director of revenue of a notice of lien in a format as prescribed by the director. Such lien or encumbrance shall be perfected as of the time of its creation if the delivery of the items required in this subsection to the director of revenue is completed within thirty days thereafter, otherwise such lien or encumbrance shall be perfected as of the time of the delivery. A notice of lien shall contain the name and address of the owner of the outboard motor, motorboat, vessel or watercraft and the secured party, a description of the outboard motor, motorboat, vessel or watercraft motor, including any identification number, and such other information as the department of revenue may prescribe. A notice of lien substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading. Provided the lienholder submits complete and legible documents, the director of revenue shall mail confirmation or electronically confirm receipt of each notice of lien to the lienholder as soon as possible, but no later than fifteen business days after the filing of the notice of lien.
4. Notwithstanding the provisions of section 306.410, on a refinance by a different lender of a prior loan secured by an outboard motor, motorboat, vessel or watercraft, a lien is perfected by the delivery to the director of revenue of a notice of lien completed by the refinancing lender in a format prescribed by the director of revenue.
5. Liens may secure future advances. The future advances may be evidenced by one or more notes or other documents evidencing indebtedness and shall not be required to be executed or delivered prior to the date of the future advance lien securing them. The fact that a lien may secure future advances shall be clearly stated on the security agreement and noted as "subject to future advances" in the second lienholder's portion of the notice of lien. To secure future advances when an existing lien on an outboard motor, motorboat, vessel or watercraft does not secure future advances, the lienholder shall file a notice of lien reflecting the lien to secure future advances. A lien to secure future advances is perfected in the same time and manner as any other lien, except as follows. Proof of the lien for future advances is maintained by the department of revenue; however, there shall be additional proof of such lien when the notice of lien reflects such lien for future advances, is receipted for by the department of revenue, and returned to the lienholder.
6. Whether an outboard motor, motorboat, vessel, or watercraft is subject to a lien or encumbrance shall be determined by the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, subject to the following:
(1) If the parties understood at the time the lien or encumbrances attached that the outboard motor, motorboat, vessel, or watercraft would be kept in this state and it is brought into this state within thirty days thereafter for purposes other than transportation through this state, the validity and effect of the lien or encumbrance in this state shall be determined by the laws of this state;
(2) If the lien or encumbrance was perfected pursuant to the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, the following rules apply:
(a) If the name of the lienholder is shown on an existing certificate of title or ownership issued by that jurisdiction, his or her lien or encumbrance continues perfected in this state;
(b) If the name of the lienholder is not shown on an existing certificate of title or ownership issued by the jurisdiction, the lien or encumbrance continues perfected in this state for three months after the first certificate of title of the outboard motor, motorboat, vessel, or watercraft is issued in this state, and also thereafter if, within the three-month period, it is perfected in this state. The lien or encumbrance may also be perfected in this state after the expiration of the three-month period, in which case perfection dates from the time of perfection in this state;
(3) If the lien or encumbrance was not perfected pursuant to the laws of the jurisdiction where the outboard motor, motorboat, vessel, or watercraft was when the lien or encumbrance attached, it may be perfected in this state, in which case perfection dates from the time of perfection in this state;
(4) A lien or encumbrance may be perfected pursuant to paragraph (b) of subdivision (2) or subdivision (3) of this subsection in the same manner as provided in subsection 3 of this section.
7. The director of revenue shall by rules and regulations establish a security procedure to verify that an electronic notice or lien or notice of satisfaction of a lien on an outboard motor, motorboat, vessel or watercraft given pursuant to sections 306.400 to 306.440 is that of the lienholder, to verify that an electronic notice of confirmation of ownership and perfection of a lien given pursuant to section 306.410 is that of the director of revenue and to detect error in the transmission or the content of any such notice. Such a security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices. Comparison of a signature on a communication with an authorized specimen signature shall not by itself constitute a security procedure.
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(L. 1985 H.B. 280, et al. § 301.700, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2011 H.B. 550, A.L. 2012 H.B. 1150 merged with H.B. 1402 merged with S.B. 485)
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 306 - Watercraft Regulation and Licensing — Water Patrol Division
Section 306.010 - Definitions.
Section 306.020 - Vessels to be numbered — number, where displayed.
Section 306.035 - Certificate of title, form of.
Section 306.040 - Certified number only on boat.
Section 306.050 - Notice of change of address of certificate holder — procedure.
Section 306.080 - Vessels exempt from numbering requirements.
Section 306.090 - Maximum sound levels for recreational motorboats — exceptions.
Section 306.100 - Classification of vessels — equipment requirements.
Section 306.113 - Operate defined — probable cause required.
Section 306.115 - Parasailing, requirements, prohibited, when.
Section 306.120 - Towing persons on skis or surfboard, regulations.
Section 306.122 - Motorboat or vessel operator, minimum age, exceptions, penalty.
Section 306.128 - Boating offenses, offender requirements.
Section 306.129 - Rulemaking authority.
Section 306.130 - Regattas, races and other activities, authorization, regulation of.
Section 306.140 - Accident or collision, duties of operator — report required, when.
Section 306.150 - Watercraft livery — records — equipment to be furnished.
Section 306.165 - Water patrol officer, powers, duties and jurisdiction of.
Section 306.170 - Accident reports to United States on request.
Section 306.180 - Motorboat fund in state treasury, source and use.
Section 306.185 - Water patrol division fund created, use of proceeds.
Section 306.190 - Applicability of regulations — local regulations — special local rules prohibited.
Section 306.200 - Peace officers to enforce.
Section 306.210 - Penalties for violations.
Section 306.215 - Inspections of boats, refusal of or interference with — penalty.
Section 306.217 - Scuba diver's marker, flag required — flag described — boats to avoid — penalty.
Section 306.220 - Personal flotation device, who must wear, when, exception, penalty.
Section 306.221 - Obstruction of traffic or access to boat docks — violation, penalty.
Section 306.250 - Definitions.
Section 306.260 - Boats not to discharge sewage, exception.
Section 306.270 - Marine toilets shall have suitable treatment device.
Section 306.280 - Inspection of boats.
Section 306.290 - Penalties for violations.
Section 306.300 - Definitions — marine sanitation device required — limitations — civil penalty.
Section 306.425 - Provisions of 306.400 to 306.430 exclusive — exceptions.
Section 306.440 - Owner's failure to indicate lienholder on title application, penalty.
Section 306.465 - Rules and regulations, authority to promulgate, procedure.
Section 306.530 - Registration of outboard motors.
Section 306.532 - Certificate of title to designate year of manufacture
Section 306.535 - Applications, contents, fee — not made within certain period, delinquency fee.
Section 306.540 - Registration by director of revenue, when.
Section 306.545 - Registration number — placement.
Section 306.555 - Inspection of outboard motors.
Section 306.565 - Fees — disposition.
Section 306.570 - Destruction of records.