407.1043. Defenses.

MISSOURI STATUTES AND CODES

Defenses.

407.1043. It shall be a defense for a motorcycle or all-terrainvehicle franchisor, to any action brought pursuant to sections 407.1025 to407.1049 by a motorcycle or all-terrain vehicle franchisee, if it is shownthat such motorcycle or all-terrain vehicle franchisee has failed tosubstantially comply with reasonable and lawful requirements imposed by thefranchise and other agreements ancillary or collateral thereto, or if themotorcycle or all-terrain vehicle franchisee, or any of its officers, havebeen convicted of a felony relevant to business honesty or businesspractices, or if the motorcycle or all-terrain vehicle franchisee hasceased conducting its business or has abandoned the franchise, or isinsolvent as that term is defined in subdivision (23) of section 400.1-201,RSMo, or has filed a voluntary petition in bankruptcy, or has made anassignment for benefit of creditors, or has been the subject of aninvoluntary proceeding under the Federal Bankruptcy Act or under any stateinsolvency law which is not vacated within twenty days from the institutionthereof, or there has been an appointment of a receiver or other officerhaving similar powers for the motorcycle or all-terrain vehicle franchiseeor the motorcycle or all-terrain vehicle franchisee's business who is notremoved within twenty days from the person's appointment, or there has beena levy under attachment, execution or similar process which is not withinten days vacated or removed by payment or bonding, and it shall be adefense to any action brought pursuant to sections 407.1025 to 407.1049that the complained of conduct by a motorcycle or all-terrain vehiclefranchisor was undertaken in good faith in pursuit of rights or remediesaccorded to a motorcycle or all-terrain vehicle franchisor as a seller ofgoods or a holder of a security interest pursuant to the provisions ofchapter 400, RSMo.