Effective - 28 Aug 1990
367.011. Definitions. — As used in sections 367.011 to 367.060, the following words mean:
(1) "Month", that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month;
(2) "Net assets", the book value of the current assets of a person or pawnbroker less its applicable liabilities as stated in this subdivision. Current assets include the investment made in cash, bank deposits, merchandise inventory, and loans due from customers excluding the pawn service charge. Current assets do not include the investments made in fixed assets of real estate, furniture, fixtures, or equipment; investments made in stocks, bonds, or other securities; or investments made in prepaid expenses or other general intangibles. Applicable liabilities include trade or other accounts payable; accrued sales, income, or other taxes; accrued expenses; and notes or other payables that are unsecured or secured in whole or part by current assets. Applicable liabilities do not include liabilities secured by assets other than current assets. Net assets must be represented by a capital investment unencumbered by any liens or other encumbrances to be subject to the claims of general creditors;
(3) "Pawnbroker", any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time;
(4) "Pawnshop", the location at which or premises in which a pawnbroker regularly conducts business;
(5) "Person", an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized;
(6) "Pledged goods", tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction;
(7) "Secured personal credit loan", every loan of money made in this state, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation.
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(L. 1951 p. 281 § 1, A.L. 1965 p. 114, A.L. 1990 H.B. 1125)
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 367 - Pawnbrokers and Small Loans
Section 367.011 - Definitions.
Section 367.021 - Secured personal credit loans — who may make — interest rate.
Section 367.040 - Loans due, when — return of collateral, when — restrictions.
Section 367.046 - Procedure to reclaim purchase price of misappropriated goods.
Section 367.049 - No criminal or civil liability for pawnbroker exercising due care and good faith.
Section 367.050 - Violation, penalties.
Section 367.060 - Sections 367.011 to 367.060 not to repeal or amend small loan laws.
Section 367.100 - Definitions.
Section 367.110 - Certificate of registration required, when.
Section 367.120 - Certificate of registration — application for.
Section 367.130 - Bond — amount — conditions — additional bond, when.
Section 367.140 - Annual registration — fee, amount — certificates, issuance, display.
Section 367.160 - Examination of lenders — authority of director — lender to pay costs, when.
Section 367.180 - Lender to keep records.
Section 367.185 - Loan solicitation, disclosures.
Section 367.190 - Certificates of registration — suspension, revocation, when — hearing — review.
Section 367.200 - Violations — penalty.
Section 367.205 - Annual audit by certified public accountant required.
Section 367.210 - Audit report to director of finance, when.
Section 367.215 - Failure to file audit report, effect of — surety bond posted, when.
Section 367.300 - Definitions.
Section 367.305 - Advance fee prohibited, penalty.
Section 367.307 - Principal liable.
Section 367.500 - Definitions.
Section 367.503 - Allows division of finance to regulate lending on titled property.
Section 367.506 - Licensure of title lenders, penalty.
Section 367.509 - Qualifications of applicants, fee, license issued, when.
Section 367.512 - Title loan requirements — liability of borrower.
Section 367.515 - Interest and fees.
Section 367.518 - Title loan agreements, contents, form.
Section 367.524 - Records of loan agreements.
Section 367.525 - Notice to borrower prior to acceptance of title loan application.
Section 367.527 - Limitations of title lenders.
Section 367.531 - Applicability to certain transactions.