STATE STATUTES & CODES

MISSOURI STATUTES AND CODES

Chapter 362 Banks and Trust Companies

• 362.010. Definitions.
• 362.011. Trust business not engaged in, when--prohibition on use of words "trust company", when.
• 362.015. No private banks shall be established--who may incorporate--when.
• 362.020. Articles of agreement--contents.
• 362.023. Trust company may refuse demand deposits by its articles of incorporation, effect of.
• 362.025. Articles of agreement to be filed.
• 362.030. Director to examine as to character and capital.
• 362.035. Certificate of incorporation--issuance--to be filed.
• 362.040. Notice of refusal of certificate--appeal.
• 362.042. Restated articles of incorporation may be amended at time of restatement, manner.
• 362.044. Stockholders' meetings--notice--business by proxy, cancellation of meetings.
• 362.046. Bylaws, who may make, amend or repeal.
• 362.048. Emergency bylaws--when.
• 362.050. Cash capital required.
• 362.055. Capital stock--par value.
• 362.060. Change of par value--notice of meeting--when change effective--director to issue certificate.
• 362.063. Power to close transfer books.
• 362.067. Stock option plan for officers and employees--increase in shares--consideration.
• 362.070. Compensation for organizing bank or trust company prohibited--penalty.
• 362.073. Certain stock transfers or voting control changes must be reported to director of finance.
• 362.075. Issuance and sale of preferred stock shares--subject to director's approval.
• 362.077. Certain bank holding companies may not charter de novo bank or national bank, exceptions--purpose of law--severability clause.
• 362.078. Industrial loan companies and banks prohibited from maintaining facilities for banking purposes, definitions.
• 362.080. Stockholders may authorize issuance and sale, when--manner.
• 362.085. Banks or trust companies may provide for issuance and sale in articles of incorporation.
• 362.090. Par value of preferred stock issued and offered for sale.
• 362.095. Charter shall set forth terms and conditions governing call, redemption and retirement of shares.
• 362.100. Penalty.
• 362.105. Powers and authority of banks and trust companies.
• 362.106. Additional powers.
• 362.107. Branch banking allowed, requirements--director of finance to approve, appeals.
• 362.109. Restrictions on orders and ordinances of political subdivisions.
• 362.110. Federal Deposit Insurance Corporation subrogated to depositors' rights in closed state banks or trust companies.
• 362.111. Fees and service charges permitted, when, conditions.
• 362.112. Bank or trust company may act as custodian, when.
• 362.115. Bank may exercise powers of trust companies--application--examination--certificate--trust department.
• 362.116. Trust accounts, originated by one bank or trust company, administration by another--requirements.
• 362.117. State bank may become trust company--procedure.
• 362.118. Trust company may become state bank--procedure.
• 362.119. Investment in trust companies by bank, limitations--definitions.
• 362.120. Capital notes may be issued and sold by banks and trust companies.
• 362.125. Capital notes--denominations--rate of interest--maturity--impairment of capital--certain obligations to be prior claim.
• 362.130. Extension of time for retirement of capital notes.
• 362.135. Liquidation of assets--funds held in trust.
• 362.140. Branch offices in foreign countries--how established--amount to be invested.
• 362.145. Content of application--director may approve or reject--examination of branches.
• 362.150. Director may investigate branches--require banks to dispose of holdings.
• 362.155. Accounts of branches to be kept separately.
• 362.160. May purchase stock in corporations to develop and maintain market for foreign and domestic exchange.
• 362.165. Restrictions on taking and holding real estate.
• 362.169. Population defined for legal loan limit.
• 362.170. Unimpaired capital, defined--restrictions on loans, and total liability to any one person.
• 362.171. Bank officer making excessive loan--penalty.
• 362.172. Investment in stock of banks or bank holding companies--limitations.
• 362.173. Investments in small business investment companies.
• 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.
• 362.180. Who may make Federal Housing Act loans.
• 362.185. Financial institutions may invest securities under Federal Housing Act.
• 362.190. May be used as security.
• 362.191. State employee compensation deductions authorized for investment by office of administration.
• 362.195. Applicability of sections 362.180 to 362.195.
• 362.197. Capital contributions and investments in obligations of Federal National Mortgage Association.
• 362.200. Money not to be employed in trade or commerce.
• 362.205. Account books, requirements--property, how carried.
• 362.207. Securities held in name of nominee.
• 362.210. (Repealed L. 2005 H.B. 707 § A)
• 362.213. (Repealed L. 2005 H.B. 707 § A)
• 362.215. (Repealed L. 2005 H.B. 707 § A)
• 362.217. (Repealed L. 2005 H.B. 707 § A)
• 362.220. Agreements to pay time deposit before maturity prohibited--penalty.
• 362.222. Checks to be paid at par--exceptions--penalty.
• 362.225. Reserve depositaries.
• 362.230. No new loans until depleted reserves are restored.
• 362.231. Reserve requirements, federal regulation to take precedence, when.
• 362.235. National bank may become state bank or trust company--procedure, effect.
• 362.240. Change from state to national bank.
• 362.245. Board of directors, qualifications--cumulative voting in electing director permitted when.
• 362.247. Board, quorum--directors not physically present, counted when.
• 362.250. Oath of directors to be subscribed and certified--to be filed by director--penalty.
• 362.253. Two or more directors to constitute an executive committee--when.
• 362.255. Tenure of office of directors.
• 362.260. Vacancies in board of directors.
• 362.265. Change of number of directors.
• 362.270. Organizational meeting of directors.
• 362.275. Monthly meeting of board--review of certain transactions--unanimous consent agreements permitted, when.
• 362.280. Examination by directors--exceptions.
• 362.285. Report of directors' examination--penalty.
• 362.290. Communications from director shall be submitted to directors and noted in minutes.
• 362.295. Reports to director--publication--penalty.
• 362.300. (Repealed L. 2005 H.B. 707 § A)
• 362.305. (Repealed L. 2005 H.B. 707 § A)
• 362.310. Surplus fund--composition--purposes.
• 362.315. Net income or loss for dividend period to be determined--income to be credited to surplus fund--undivided profits available for dividends.
• 362.325. Charter amended--procedure--notice--duty of director--appeal.
• 362.330. Bank may sell whole or any part of its assets or business--procedure.
• 362.331. Transfer of certain fiduciary capacities between affiliated banks and trust companies, procedure, liabilities--objection, procedure.
• 362.332. Fiduciary obligations and liabilities, bank or trust company may transfer to another bank or trust company, procedure--definitions.
• 362.333. Irrevocable life insurance trusts, banks and trust companies may transfer fiduciary obligations to the Missouri trust office or out-of-state bank or company.
• 362.335. Officers and employees--limitation on powers--appointment of president not required--chief executive officer not required to be member of board, when.
• 362.336. Fraudulent checks and drafts issued by bank or agent--penalty.
• 362.337. Bank officer concealing loans, misdemeanor--penalty.
• 362.340. Employees to give bond.
• 362.345. Penalties for receiving deposits when insolvent.
• 362.350. Officers, how sued--evidence of knowledge.
• 362.355. Administrators of deceased officers liable.
• 362.360. Interpleader in certain actions--funds may remain in bank--costs.
• 362.375. Adverse claim to deposit--not effectual, when--contract presented by third party, powers of bank or trust company.
• 362.385. Rate of interest.
• 362.405. Assessments by director of finance paid to director of revenue.
• 362.410. Preservation of books and records.
• 362.413. Reproduction of records--admissible in evidence--affidavit in lieu of appearance.
• 362.415. Prohibitions against encroachments upon certain powers of banks.
• 362.420. Prohibition of banking business.
• 362.421. Advertising as bankers, prohibited, when--penalty.
• 362.422. Disclosure of nonpublic personal information by financial institutions prohibited, rules, notice.
• 362.423. Foreign banks or foreign or federally chartered loan associations may acquire and enforce indebtedness secured by property in this state.
• 362.425. Use of sign or words indicating bank by unauthorized persons prohibited.
• 362.430. Conditions to be complied with by foreign banking corporations applying for license.
• 362.435. Foreign banking corporation may transact business in this state, when.
• 362.440. Licenses to foreign corporations--renewal.
• 362.445. Process defined--director of finance to accept service of process, when--fee.
• 362.450. Revocation of authorization certificate or license in certain cases.
• 362.455. Rights and privileges of foreign banking corporation under license--effect of revocation.
• 362.460. Reports of foreign banking corporations--penalties.
• 362.462. Relocation of main banking house in another state.
• 362.463. Out-of-state bank may relocate to this state.
• 362.464. Requirements for foreign bank to relocate in Missouri--application, contents--approval, effect--certificate, filing required--relocation of domestic bank, conversion of charter.
• 362.465. Deposits of minors.
• 362.466. Applicability of law--rights, powers, protections.
• 362.470. Joint deposits.
• 362.471. Pay-on-death accounts--form--effect--payments from.
• 362.475. Deposits of deceased trustee shall be paid to beneficiary.
• 362.480. Deposits of trustee, how paid out.
• 362.483. Safe deposit corporation may be granted a certificate of incorporation by director, when--purposes of corporation.
• 362.485. Special remedies available to banks doing a safe deposit business.
• 362.487. Joint renters of safe deposit boxes authorized--surviving joint renter opens box, lessor's option not required to be present.
• 362.488. Death of lessee, duties of lessor--additional duties by contract.
• 362.490. Banks exempt from furnishing security for insured deposits.
• 362.495. When payment and withdrawals may be suspended.
• 362.500. Shall notify finance director of suspension--duties of commissioner.
• 362.505. Audit of bank by director--approval of reopening plans.
• 362.510. When director shall liquidate.
• 362.515. Special deposits--nature--use.
• 362.520. Banks may close, when--bank holiday, effect of.
• 362.530. Contributions to charitable agencies.
• 362.550. Appointment as fiduciary--investments--handling of trust property--effect of merger or consolidation.
• 362.560. Trust guaranty fund.
• 362.570. Application of trust guaranty fund.
• 362.575. Personal representatives and other persons not liable as stockholders.
• 362.580. Common trust fund authorized.
• 362.590. Bond not required of banks and trust companies, when acting as fiduciaries.
• 362.600. Reciprocal corporate fiduciary powers--certificates of reciprocity.
• 362.610. Banks and trust companies may merge or consolidate.
• 362.620. Agreement for consolidation.
• 362.630. Agreement for merger.
• 362.640. Agreement for merger or consolidation.
• 362.650. Certified copies evidence.
• 362.660. Verified copies of agreement and proceedings shall be submitted to finance director.
• 362.670. Finance director shall certify finding within thirty days.
• 362.680. Agreement to be submitted to stockholders, when--exceptions, procedures.
• 362.690. Agreement binding, when.
• 362.700. Agreement for merger becomes effective, when.
• 362.710. Agreement for consolidation becomes effective, when.
• 362.720. Receiving or consolidated company shall issue new certificates for old, when.
• 362.730. Dissenting stockholder may receive reasonable value of his or her stock--limitation, petition, hearing, appointment of appraisers.
• 362.740. Finding and report of appraisers--compensation--notice to be given by clerk of court--minority discount.
• 362.750. Exceptions to appraisal, review, new appraisal, final judgment--stock to be surrendered.
• 362.760. Cost of proceedings, how taxed.
• 362.770. Corporate existence of old merged into new company--title to property.
• 362.780. New company succeeds to fiduciary relations of old.
• 362.790. New company liable for obligations of old.
• 362.800. Pending actions not to abate--substitution.
• 362.810. Trust and fiduciary relations of old companies continue in new.
• 362.820. Notice to director of division of finance prior to acquisition of trust company--disapproval of acquisition--exceptions--disapproval, grounds.
• 362.900. Declaration of intent.
• 362.910. Definitions.
• 362.915. Limitation on bank holding company--total deposits, how computed.
• 362.920. Procedure to obtain order allowing acquisition--duty of director.
• 362.923. Bank holding companies, examination of, when--considered new business entity, when.
• 362.930. Injunctive relief, when.
• 362.935. Director of finance to administer--rules and orders authorized.
• 362.940. Disclaimer as to implied repeal of other law.
• 362.942. (Repealed L. 2001 H.B. 738 § A merged with S.B. 186 § A)
• 362.945. Definitions--examinations, cooperative and reciprocal agreements to make examinations, when.
• 362.950. Affiliated entity of holding companies, transactions authorized--out-of-state transactions.

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