562.056. Liability of corporations and unincorporated associations. - Missouri Statutes

Liability of corporations and unincorporated associations.

562.056. 1. A corporation is guilty of an offense if

(1) The conduct constituting the offense consists of anomission to discharge a specific duty of affirmative performanceimposed on corporations by law; or

(2) The conduct constituting the offense is engaged in by anagent of the corporation while acting within the scope of hisemployment and in behalf of the corporation, and the offense is amisdemeanor or an infraction, or the offense is one defined by astatute that clearly indicates a legislative intent to imposesuch criminal liability on a corporation; or

(3) The conduct constituting the offense is engaged in,authorized, solicited, requested, commanded or knowinglytolerated by the board of directors or by a high managerial agentacting within the scope of his employment and in behalf of thecorporation.

2. An unincorporated association is guilty of an offense if

(1) The conduct constituting the offense consists of anomission to discharge a specific duty of affirmative performanceimposed on the association by law; or

(2) The conduct constituting the offense is engaged in by anagent of the association while acting within the scope of hisemployment and in behalf of the association and the offense isone defined by a statute that clearly indicates a legislativeintent to impose such criminal liability on the association.

3. As used in this section:

(1) "Agent" means any director, officer or employee of acorporation or unincorporated association or any other person whois authorized to act in behalf of the corporation orunincorporated association;

(2) "High managerial agent" means an officer of acorporation or any other agent in a position of comparableauthority with respect to the formulation of corporate policy orthe supervision in a managerial capacity of subordinateemployees.

(L. 1977 S.B. 60)

Effective 1-1-79