Chapter 362 - Banks and Trust Companies

Section 362.010 Definitions.
Section 362.011 Trust business not engaged in, when — prohibition on use of words "trust company", when.
Section 362.015 No private banks shall be established — who may incorporate — when.
Section 362.020 Articles of agreement — contents.
Section 362.023 Trust company may refuse demand deposits by its articles of incorporation, effect of.
Section 362.025 Articles of agreement to be filed.
Section 362.030 Director to examine as to character and capital.
Section 362.035 Certificate of incorporation — issuance — to be filed.
Section 362.040 Notice of refusal of certificate — appeal.
Section 362.042 Restated articles of incorporation may be amended at time of restatement, manner.
Section 362.044 Stockholders' meetings — notice — business by proxy, cancellation of meetings.
Section 362.046 Bylaws, who may make, amend or repeal.
Section 362.048 Emergency bylaws — when.
Section 362.050 Cash capital required.
Section 362.055 Capital stock — par value.
Section 362.060 Change of par value — notice of meeting — when change effective.
Section 362.063 Power to close transfer books.
Section 362.067 Stock option plan for officers and employees — increase in shares — consideration.
Section 362.070 Compensation for organizing bank or trust company prohibited — penalty.
Section 362.073 Certain stock transfers or voting control changes must be reported to director of finance.
Section 362.075 Issuance and sale of preferred stock shares — subject to director's approval.
Section 362.077 Certain bank holding companies may not charter de novo bank or national bank, exceptions — purpose of law — severability clause.
Section 362.078 Industrial loan companies and banks prohibited from maintaining facilities for banking purposes, definitions.
Section 362.080 Stockholders may authorize issuance and sale, when — manner.
Section 362.085 Banks or trust companies may provide for issuance and sale in articles of incorporation.
Section 362.090 Par value of preferred stock issued and offered for sale.
Section 362.095 Charter shall set forth terms and conditions governing call, redemption and retirement of shares.
Section 362.100 Penalty.
Section 362.105 Powers and authority of banks and trust companies.
Section 362.106 Additional powers.
Section 362.107 Branch banking allowed, requirements — director of finance to approve, appeals.
Section 362.109 Restrictions on orders and ordinances of political subdivisions.
Section 362.110 Federal Deposit Insurance Corporation subrogated to depositors' rights in closed state banks or trust companies.
Section 362.111 Fees and service charges permitted, when, conditions.
Section 362.112 Bank or trust company may act as custodian, when.
Section 362.115 Bank may exercise powers of trust companies — application — examination — certificate — trust department.
Section 362.116 Trust accounts, originated by one bank or trust company, administration by another — requirements.
Section 362.117 State bank may become trust company — procedure.
Section 362.118 Trust company may become state bank — procedure.
Section 362.119 Investment in trust companies by bank, limitations — definitions.
Section 362.120 Capital notes may be issued and sold by banks and trust companies.
Section 362.125 Capital notes — denominations — rate of interest — maturity — impairment of capital — certain obligations to be prior claim.
Section 362.130 Extension of time for retirement of capital notes.
Section 362.135 Liquidation of assets — funds held in trust.
Section 362.140 Branch offices in foreign countries — how established — amount to be invested.
Section 362.145 Content of application — director may approve or reject — examination of branches.
Section 362.150 Director may investigate branches — require banks to dispose of holdings.
Section 362.155 Accounts of branches to be kept separately.
Section 362.160 May purchase stock in corporations to develop and maintain market for foreign and domestic exchange.
Section 362.165 Restrictions on taking and holding real estate.
Section 362.169 Population defined for legal loan limit.
Section 362.170 Unimpaired capital, defined — restrictions on loans, and total liability to any one person.
Section 362.171 Bank officer making excessive loan — penalty.
Section 362.172 Investment in stock of banks or bank holding companies — limitations.
Section 362.173 Investments in small business investment companies.
Section 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.
Section 362.180 Who may make Federal Housing Act loans.
Section 362.185 Financial institutions may invest securities under Federal Housing Act.
Section 362.190 May be used as security.
Section 362.191 State employee compensation deductions authorized for investment by office of administration.
Section 362.195 Applicability of sections 362.180 to 362.195.
Section 362.197 Capital contributions and investments in obligations of Federal National Mortgage Association.
Section 362.200 Money not to be employed in trade or commerce.
Section 362.205 Account books, requirements — property, how carried.
Section 362.207 Securities held in name of nominee.
Section 362.220 Agreements to pay time deposit before maturity prohibited — penalty.
Section 362.222 Checks to be paid at par — exceptions — penalty.
Section 362.225 Reserve depositaries.
Section 362.230 No new loans until depleted reserves are restored.
Section 362.231 Reserve requirements, federal regulation to take precedence, when.
Section 362.235 National bank may become state bank or trust company — procedure, effect.
Section 362.240 Change from state to national bank.
Section 362.245 Board of directors, qualifications — cumulative voting in electing director permitted when.
Section 362.247 Board, quorum — directors not physically present, counted when.
Section 362.250 Oath of directors to be subscribed and certified — to be filed by director — penalty.
Section 362.253 Two or more directors to constitute an executive committee — when.
Section 362.255 Tenure of office of directors.
Section 362.260 Vacancies in board of directors.
Section 362.265 Change of number of directors.
Section 362.270 Organizational meeting of directors.
Section 362.275 Monthly meeting of board — review of certain transactions — unanimous consent agreements permitted, when.
Section 362.290 Communications from director shall be submitted to directors and noted in minutes.
Section 362.295 Reports to director — publication — penalty.
Section 362.310 Surplus fund — composition — purposes.
Section 362.315 Net income or loss for dividend period to be determined — income to be credited to surplus fund — undivided profits available for dividends.
Section 362.325 Charter amended — procedure — notice — duty of director — appeal.
Section 362.330 Bank may sell whole or any part of its assets or business — procedure.
Section 362.331 Transfer of certain fiduciary capacities between affiliated banks and trust companies, procedure, liabilities — objection, procedure.
Section 362.332 Fiduciary obligations and liabilities, bank or trust company may transfer to another bank or trust company, procedure — definitions.
Section 362.333 Irrevocable life insurance trusts, banks and trust companies may transfer fiduciary obligations to bank or company with authorized trust authority.
Section 362.335 Officers and employees — limitation on powers — appointment of president not required — chief executive officer not required to be member of board, when.
Section 362.336 Fraudulent checks and drafts issued by bank or agent — penalty.
Section 362.337 Bank officer concealing loans, misdemeanor — penalty.
Section 362.340 Employees to give bond.
Section 362.345 Penalties for receiving deposits when insolvent.
Section 362.350 Officers, how sued — evidence of knowledge.
Section 362.355 Administrators of deceased officers liable.
Section 362.360 Interpleader in certain actions — funds may remain in bank — costs.
Section 362.375 Adverse claim to deposit — not effectual, when — contract presented by third party, powers of bank or trust company.
Section 362.385 Rate of interest.
Section 362.405 Assessments by director of finance paid to director of revenue.
Section 362.410 Preservation of books and records.
Section 362.413 Reproduction of records — admissible in evidence — affidavit in lieu of appearance.
Section 362.415 Prohibitions against encroachments upon certain powers of banks.
Section 362.420 Prohibition of banking business.
Section 362.421 Advertising as bankers, prohibited, when — penalty.
Section 362.422 Disclosure of nonpublic personal information by financial institutions prohibited, rules, notice.
Section 362.423 Foreign banks or foreign or federally chartered loan associations may acquire and enforce indebtedness secured by property in this state.
Section 362.425 Use of sign or words indicating bank by unauthorized persons prohibited.
Section 362.430 Conditions to be complied with by foreign banking corporations applying for license.
Section 362.435 Foreign banking corporation may transact business in this state, when.
Section 362.440 Licenses to foreign corporations — renewal.
Section 362.445 Process defined — director of finance to accept service of process, when — fee.
Section 362.450 Revocation of authorization certificate or license in certain cases.
Section 362.455 Rights and privileges of foreign banking corporation under license — effect of revocation.
Section 362.460 Reports of foreign banking corporations — penalties.
Section 362.462 Relocation of main banking house in another state.
Section 362.463 Out-of-state bank may relocate to this state.
Section 362.464 Requirements for foreign bank to relocate in Missouri — application, contents — approval, effect — certificate, filing required — relocation of domestic bank, conversion of charter.
Section 362.465 Deposits of minors.
Section 362.466 Applicability of law — rights, powers, protections.
Section 362.470 Joint deposits.
Section 362.471 Pay-on-death accounts — form — effect — payments from.
Section 362.475 Deposits of deceased trustee shall be paid to beneficiary.
Section 362.480 Deposits of trustee, how paid out.
Section 362.483 Safe deposit corporation may be granted a certificate of incorporation by director, when — purposes of corporation.
Section 362.485 Special remedies available to banks doing a safe deposit business.
Section 362.487 Joint renters of safe deposit boxes authorized — surviving joint renter opens box, lessor's option not required to be present.
Section 362.488 Death of lessee, duties of lessor — additional duties by contract.
Section 362.490 Banks exempt from furnishing security for insured deposits.
Section 362.495 When payment and withdrawals may be suspended.
Section 362.500 Shall notify finance director of suspension — duties of commissioner.
Section 362.505 Audit of bank by director — approval of reopening plans.
Section 362.510 When director shall liquidate.
Section 362.515 Special deposits — nature — use.
Section 362.520 Banks may close, when — bank holiday, effect of.
Section 362.530 Contributions to charitable agencies.
Section 362.550 Appointment as fiduciary — investments — handling of trust property — effect of merger or consolidation.
Section 362.560 Trust guaranty fund.
Section 362.570 Application of trust guaranty fund.
Section 362.575 Personal representatives and other persons not liable as stockholders.
Section 362.580 Common trust fund authorized.
Section 362.590 Bond not required of banks and trust companies, when acting as fiduciaries.
Section 362.600 Reciprocal corporate fiduciary powers — certificates of reciprocity.
Section 362.610 Banks and trust companies may merge or consolidate.
Section 362.620 Agreement for consolidation.
Section 362.630 Agreement for merger.
Section 362.640 Agreement for merger or consolidation.
Section 362.650 Certified copies evidence.
Section 362.660 Verified copies of agreement and proceedings shall be submitted to finance director.
Section 362.670 Finance director shall certify finding within thirty days.
Section 362.680 Agreement to be submitted to stockholders, when — exceptions, procedures.
Section 362.690 Agreement binding, when.
Section 362.700 Agreement for merger becomes effective, when.
Section 362.710 Agreement for consolidation becomes effective, when.
Section 362.720 Receiving or consolidated company shall issue new certificates for old, when.
Section 362.730 Dissenting stockholder may receive reasonable value of his or her stock — limitation, petition, hearing, appointment of appraisers.
Section 362.740 Finding and report of appraisers — compensation — notice to be given by clerk of court — minority discount.
Section 362.750 Exceptions to appraisal, review, new appraisal, final judgment — stock to be surrendered.
Section 362.760 Cost of proceedings, how taxed.
Section 362.770 Corporate existence of old merged into new company — title to property.
Section 362.780 New company succeeds to fiduciary relations of old.
Section 362.790 New company liable for obligations of old.
Section 362.800 Pending actions not to abate — substitution.
Section 362.810 Trust and fiduciary relations of old companies continue in new.
Section 362.820 Notice to director of division of finance prior to acquisition of trust company — disapproval of acquisition — exceptions — disapproval, grounds.
Section 362.900 Declaration of intent.
Section 362.910 Definitions.
Section 362.915 Limitation on bank holding company — total deposits, how computed.
Section 362.920 Procedure to obtain order allowing acquisition — duty of director.
Section 362.923 Bank holding companies, examination of, when — considered new business entity, when.
Section 362.930 Injunctive relief, when.
Section 362.935 Director of finance to administer — rules and orders authorized.
Section 362.940 Disclaimer as to implied repeal of other law.
Section 362.945 Definitions — examinations, cooperative and reciprocal agreements to make examinations, when.
Section 362.950 Affiliated entity of holding companies, transactions authorized — out-of-state transactions.
Section 362.1010 Citation of law.
Section 362.1015 Definitions.
Section 362.1020 Inapplicability of certain sections, when.
Section 362.1030 Family trust company fund established — filing fee, amount — registration requirements — application, contents.
Section 362.1035 Capital account, minimum required — company's duty to maintain, requirements.
Section 362.1037 Management authority, exclusively vested.
Section 362.1040 Organizational instruments, requirements.
Section 362.1045 Fidelity bonds, errors and omissions insurance policies, other insurance policies, company may procure and maintain.
Section 362.1050 Fiduciary books and records, how maintained — assets not subject to debts or obligations of the company.
Section 362.1055 Annual registration report, contents, filing fee.
Section 362.1060 Permissible acts — foreign companies, exercise of trust powers.
Section 362.1065 Commercial banking, engagement in prohibited.
Section 362.1070 Capital account, minimum assets — rental of real or personal property — investment of funds — bonds and securities, purchase of — permissible acts of fiduciary — duty of loyalty.
Section 362.1075 Fiduciary capacity — oath, affirmation, affidavit, or acknowledgment.
Section 362.1080 Advertising prohibited.
Section 362.1085 Examination and investigation of company, procedure.
Section 362.1090 Cease and desist order — notice of charges, when, procedure.
Section 362.1095 Failure to submit annual registration report, fine — termination of registration, when — reinstatement, when.
Section 362.1100 Order of removal — notice of charges, when, procedure.
Section 362.1105 Books and records of company, confidentiality — inspection, when — violation, penalty.
Section 362.1110 Principal place of business — retention of records — in camera inspection, when.
Section 362.1115 Information exempt from sunshine law — disclosure, when — violation, penalty.
Section 362.1116 Rulemaking authority.
Section 362.1117 Hearing for aggrieved interested persons — judicial review for cease and desist orders and rules.
Section 362.1118 Severability clause.