456.3-304. Representation by person having substantially identical interest. - Missouri Statutes

Representation by person having substantially identical interest.

456.3-304. 1. Unless otherwise represented, a minor, incapacitated,or unborn individual, or a person whose identity or location is unknown andnot reasonably ascertainable, may be represented by and bound by anotherhaving a substantially identical interest with respect to the particularquestion or dispute, but only to the extent there is no conflict ofinterest between the representative and the person represented with respectto a particular question or dispute.

2. Unless otherwise represented, a beneficiary who is not a qualifiedbeneficiary may be represented by and bound by a qualified beneficiaryhaving a substantially identical interest with respect to the particularquestion or dispute, but only to the extent there is no conflict ofinterest with respect to the particular question or dispute between therepresentative and the person represented, in any court proceeding undersubsection 2 of section 456.4-412, or in a nonjudicial settlement agreemententered into under section 456.1-111 in lieu of such a court proceeding.

(L. 2004 H.B. 1511, A.L. 2006 S.B. 892)