Missouri Revised Statutes
Chapter 362 - Banks and Trust Companies
Section 362.1040 - Organizational instruments, requirements.

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 362 - Banks and Trust Companies

Section 362.010 - Definitions.

Section 362.011 - Trust business not engaged in, when — prohibition on use of words "trust company", when.

Section 362.015 - No private banks shall be established — who may incorporate — when.

Section 362.020 - Articles of agreement — contents.

Section 362.023 - Trust company may refuse demand deposits by its articles of incorporation, effect of.

Section 362.025 - Articles of agreement to be filed.

Section 362.030 - Director to examine as to character and capital.

Section 362.035 - Certificate of incorporation — issuance — to be filed.

Section 362.040 - Notice of refusal of certificate — appeal.

Section 362.042 - Restated articles of incorporation may be amended at time of restatement, manner.

Section 362.044 - Stockholders' meetings — notice — business by proxy, cancellation of meetings.

Section 362.046 - Bylaws, who may make, amend or repeal.

Section 362.048 - Emergency bylaws — when.

Section 362.050 - Cash capital required.

Section 362.055 - Capital stock — par value.

Section 362.060 - Change of par value — notice of meeting — when change effective.

Section 362.063 - Power to close transfer books.

Section 362.067 - Stock option plan for officers and employees — increase in shares — consideration.

Section 362.070 - Compensation for organizing bank or trust company prohibited — penalty.

Section 362.073 - Certain stock transfers or voting control changes must be reported to director of finance.

Section 362.075 - Issuance and sale of preferred stock shares — subject to director's approval.

Section 362.077 - Certain bank holding companies may not charter de novo bank or national bank, exceptions — purpose of law — severability clause.

Section 362.078 - Industrial loan companies and banks prohibited from maintaining facilities for banking purposes, definitions.

Section 362.080 - Stockholders may authorize issuance and sale, when — manner.

Section 362.085 - Banks or trust companies may provide for issuance and sale in articles of incorporation.

Section 362.090 - Par value of preferred stock issued and offered for sale.

Section 362.095 - Charter shall set forth terms and conditions governing call, redemption and retirement of shares.

Section 362.100 - Penalty.

Section 362.105 - Powers and authority of banks and trust companies.

Section 362.106 - Additional powers.

Section 362.107 - Branch banking allowed, requirements — director of finance to approve, appeals.

Section 362.109 - Restrictions on orders and ordinances of political subdivisions.

Section 362.110 - Federal Deposit Insurance Corporation subrogated to depositors' rights in closed state banks or trust companies.

Section 362.111 - Fees and service charges permitted, when, conditions.

Section 362.112 - Bank or trust company may act as custodian, when.

Section 362.115 - Bank may exercise powers of trust companies — application — examination — certificate — trust department.

Section 362.116 - Trust accounts, originated by one bank or trust company, administration by another — requirements.

Section 362.117 - State bank may become trust company — procedure.

Section 362.118 - Trust company may become state bank — procedure.

Section 362.119 - Investment in trust companies by bank, limitations — definitions.

Section 362.120 - Capital notes may be issued and sold by banks and trust companies.

Section 362.125 - Capital notes — denominations — rate of interest — maturity — impairment of capital — certain obligations to be prior claim.

Section 362.130 - Extension of time for retirement of capital notes.

Section 362.135 - Liquidation of assets — funds held in trust.

Section 362.140 - Branch offices in foreign countries — how established — amount to be invested.

Section 362.145 - Content of application — director may approve or reject — examination of branches.

Section 362.150 - Director may investigate branches — require banks to dispose of holdings.

Section 362.155 - Accounts of branches to be kept separately.

Section 362.160 - May purchase stock in corporations to develop and maintain market for foreign and domestic exchange.

Section 362.165 - Restrictions on taking and holding real estate.

Section 362.169 - Population defined for legal loan limit.

Section 362.170 - Unimpaired capital, defined — restrictions on loans, and total liability to any one person.

Section 362.171 - Bank officer making excessive loan — penalty.

Section 362.172 - Investment in stock of banks or bank holding companies — limitations.

Section 362.173 - Investments in small business investment companies.

Section 362.175 - Obligations issued pursuant to the Farm Credit Act or United States Housing Act authorized as legal investments and as security for public deposits.

Section 362.180 - Who may make Federal Housing Act loans.

Section 362.185 - Financial institutions may invest securities under Federal Housing Act.

Section 362.190 - May be used as security.

Section 362.191 - State employee compensation deductions authorized for investment by office of administration.

Section 362.195 - Applicability of sections 362.180 to 362.195.

Section 362.197 - Capital contributions and investments in obligations of Federal National Mortgage Association.

Section 362.200 - Money not to be employed in trade or commerce.

Section 362.205 - Account books, requirements — property, how carried.

Section 362.207 - Securities held in name of nominee.

Section 362.220 - Agreements to pay time deposit before maturity prohibited — penalty.

Section 362.222 - Checks to be paid at par — exceptions — penalty.

Section 362.225 - Reserve depositaries.

Section 362.230 - No new loans until depleted reserves are restored.

Section 362.231 - Reserve requirements, federal regulation to take precedence, when.

Section 362.235 - National bank may become state bank or trust company — procedure, effect.

Section 362.240 - Change from state to national bank.

Section 362.245 - Board of directors, qualifications — cumulative voting in electing director permitted when.

Section 362.247 - Board, quorum — directors not physically present, counted when — rulemaking authority.

Section 362.250 - Oath of directors to be subscribed and certified — retained by board — penalty.

Section 362.253 - Two or more directors to constitute an executive committee — when.

Section 362.255 - Tenure of office of directors.

Section 362.260 - Vacancies in board of directors.

Section 362.265 - Change of number of directors.

Section 362.270 - Organizational meeting of directors.

Section 362.275 - Monthly meeting of board — review of certain transactions — unanimous consent agreements permitted, when.

Section 362.290 - Communications from director shall be submitted to directors and noted in minutes.

Section 362.295 - Reports to director — publication — penalty.

Section 362.310 - Surplus fund — composition — purposes.

Section 362.315 - Net income or loss for dividend period to be determined — income to be credited to surplus fund — undivided profits available for dividends.

Section 362.325 - Charter amended — procedure — notice — duty of director — appeal.

Section 362.330 - Bank may sell whole or any part of its assets or business — procedure.

Section 362.331 - Transfer of certain fiduciary capacities between affiliated banks and trust companies, procedure, liabilities — objection, procedure.

Section 362.332 - Fiduciary obligations and liabilities, bank or trust company may transfer to another bank or trust company, procedure — definitions.

Section 362.333 - Irrevocable life insurance trusts, banks and trust companies may transfer fiduciary obligations to bank or company with authorized trust authority.

Section 362.335 - Officers and employees — limitation on powers — appointment of president not required — chief executive officer not required to be member of board, when.

Section 362.336 - Fraudulent checks and drafts issued by bank or agent — penalty.

Section 362.337 - Bank officer concealing loans, misdemeanor — penalty.

Section 362.340 - Employees to give bond — insurance — publication of minimum levels of coverages.

Section 362.345 - Penalties for receiving deposits when insolvent.

Section 362.350 - Officers, how sued — evidence of knowledge.

Section 362.355 - Administrators of deceased officers liable.

Section 362.360 - Interpleader in certain actions — funds may remain in bank — costs.

Section 362.375 - Adverse claim to deposit — not effectual, when — contract presented by third party, powers of bank or trust company.

Section 362.385 - Rate of interest.

Section 362.405 - Assessments by director of finance paid to director of revenue.

Section 362.410 - Preservation of books and records.

Section 362.413 - Reproduction of records — admissible in evidence — affidavit in lieu of appearance.

Section 362.415 - Prohibitions against encroachments upon certain powers of banks.

Section 362.420 - Prohibition of banking business.

Section 362.421 - Advertising as bankers, prohibited, when — penalty.

Section 362.422 - Disclosure of nonpublic personal information by financial institutions prohibited, rules, notice.

Section 362.423 - Foreign banks or foreign or federally chartered loan associations may acquire and enforce indebtedness secured by property in this state.

Section 362.425 - Use of sign or words indicating bank by unauthorized persons prohibited.

Section 362.430 - Conditions to be complied with by foreign banking corporations applying for license.

Section 362.435 - Foreign banking corporation may transact business in this state, when.

Section 362.440 - Licenses to foreign corporations — renewal.

Section 362.445 - Process defined — director of finance to accept service of process, when — fee.

Section 362.450 - Revocation of authorization certificate or license in certain cases.

Section 362.455 - Rights and privileges of foreign banking corporation under license — effect of revocation.

Section 362.460 - Reports of foreign banking corporations — penalties.

Section 362.462 - Relocation of main banking house in another state.

Section 362.463 - Out-of-state bank may relocate to this state.

Section 362.464 - Requirements for foreign bank to relocate in Missouri — application, contents — approval, effect — certificate, filing required — relocation of domestic bank, conversion of charter.

Section 362.465 - Deposits of minors.

Section 362.466 - Applicability of law — rights, powers, protections.

Section 362.470 - Joint deposits.

Section 362.471 - Pay-on-death accounts — form — effect — payments from.

Section 362.475 - Deposits of deceased trustee shall be paid to beneficiary.

Section 362.480 - Deposits of trustee, how paid out.

Section 362.483 - Safe deposit corporation may be granted a certificate of incorporation by director, when — purposes of corporation.

Section 362.485 - Special remedies available to banks doing a safe deposit business.

Section 362.487 - Joint renters of safe deposit boxes authorized — surviving joint renter opens box, lessor's option not required to be present.

Section 362.488 - Death of lessee, duties of lessor — additional duties by contract.

Section 362.490 - Banks exempt from furnishing security for insured deposits.

Section 362.495 - When payment and withdrawals may be suspended.

Section 362.500 - Shall notify finance director of suspension — duties of commissioner.

Section 362.505 - Audit of bank by director — approval of reopening plans.

Section 362.510 - When director shall liquidate.

Section 362.515 - Special deposits — nature — use.

Section 362.520 - Banks may close, when — bank holiday, effect of.

Section 362.530 - Contributions to charitable agencies.

Section 362.550 - Appointment as fiduciary — investments — handling of trust property — effect of merger or consolidation.

Section 362.560 - Trust guaranty fund.

Section 362.570 - Application of trust guaranty fund.

Section 362.575 - Personal representatives and other persons not liable as stockholders.

Section 362.580 - Common trust fund authorized.

Section 362.590 - Bond not required of banks and trust companies, when acting as fiduciaries.

Section 362.600 - Reciprocal corporate fiduciary powers — certificates of reciprocity.

Section 362.610 - Banks and trust companies may merge or consolidate.

Section 362.620 - Agreement for consolidation.

Section 362.630 - Agreement for merger.

Section 362.640 - Agreement for merger or consolidation.

Section 362.650 - Certified copies evidence.

Section 362.660 - Verified copies of agreement and proceedings shall be submitted to finance director.

Section 362.670 - Finance director shall certify finding within thirty days.

Section 362.680 - Agreement to be submitted to stockholders, when — exceptions, procedures.

Section 362.690 - Agreement binding, when.

Section 362.700 - Agreement for merger becomes effective, when.

Section 362.710 - Agreement for consolidation becomes effective, when.

Section 362.720 - Receiving or consolidated company shall issue new certificates for old, when.

Section 362.730 - Dissenting stockholder may receive reasonable value of his or her stock — limitation, petition, hearing, appointment of appraisers.

Section 362.740 - Finding and report of appraisers — compensation — notice to be given by clerk of court — minority discount.

Section 362.750 - Exceptions to appraisal, review, new appraisal, final judgment — stock to be surrendered.

Section 362.760 - Cost of proceedings, how taxed.

Section 362.765 - Definitions — state-chartered bank merger with nonbank subsidiaries or nonbank affiliates — procedure.

Section 362.770 - Corporate existence of old merged into new company — title to property.

Section 362.780 - New company succeeds to fiduciary relations of old.

Section 362.790 - New company liable for obligations of old.

Section 362.800 - Pending actions not to abate — substitution.

Section 362.810 - Trust and fiduciary relations of old companies continue in new.

Section 362.820 - Notice to director of division of finance prior to acquisition of trust company — disapproval of acquisition — exceptions — disapproval, grounds.

Section 362.900 - Declaration of intent.

Section 362.910 - Definitions.

Section 362.915 - Limitation on bank holding company — total deposits, how computed.

Section 362.920 - Procedure to obtain order allowing acquisition — duty of director.

Section 362.923 - Bank holding companies, examination of, when — considered new business entity, when.

Section 362.930 - Injunctive relief, when.

Section 362.935 - Director of finance to administer — rules and orders authorized.

Section 362.940 - Disclaimer as to implied repeal of other law.

Section 362.945 - Definitions — examinations, cooperative and reciprocal agreements to make examinations, when.

Section 362.950 - Affiliated entity of holding companies, transactions authorized — out-of-state transactions.

Section 362.1010 - Citation of law.

Section 362.1015 - Definitions.

Section 362.1020 - Inapplicability of certain sections, when.

Section 362.1030 - Family trust company fund established — requirements for domestic and foreign companies to conduct business — application, contents.

Section 362.1035 - Capital account, minimum required — company's duty to maintain, requirements.

Section 362.1037 - Management authority, exclusively vested.

Section 362.1040 - Organizational instruments, requirements.

Section 362.1045 - Fidelity bonds, errors and omissions insurance policies, other insurance policies, company may procure and maintain.

Section 362.1050 - Fiduciary books and records, how maintained — assets not subject to debts or obligations of the company.

Section 362.1055 - Annual registration report, contents, filing fee.

Section 362.1060 - Permissible acts — foreign companies, exercise of trust powers.

Section 362.1065 - Commercial banking, engagement in prohibited.

Section 362.1070 - Capital account, minimum assets — rental of real or personal property — investment of funds — bonds and securities, purchase of — permissible acts of fiduciary — duty of loyalty.

Section 362.1075 - Fiduciary capacity — oath, affirmation, affidavit, or acknowledgment.

Section 362.1080 - Advertising prohibited.

Section 362.1085 - Examination and investigation of company, procedure.

Section 362.1090 - Cease and desist order — notice of charges, when, procedure.

Section 362.1095 - Failure to submit annual registration report, fine — termination of registration, when — reinstatement, when.

Section 362.1100 - Order of removal — notice of charges, when, procedure.

Section 362.1105 - Books and records of company, confidentiality — inspection, when — violation, penalty.

Section 362.1110 - Principal place of business — retention of records — in camera inspection, when.

Section 362.1115 - Information exempt from sunshine law — disclosure, when — violation, penalty.

Section 362.1116 - Rulemaking authority.

Section 362.1117 - Hearing for aggrieved interested persons — judicial review for cease and desist orders and rules.

Section 362.1118 - Severability clause.