Section 408.035

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 2024, 3 histories   

  408.035.  Unlimited interest, when allowed. — Notwithstanding the provisions of any other law to the contrary, it is lawful for the parties to agree in writing to any rate of interest, fees, and other terms and conditions in connection with any:

  (1)  Loan to a corporation, general partnership, limited partnership or limited liability company;

  (2)  Extension of credit primarily for agricultural, business, or commercial purposes;

  (3)  Real estate loan, other than residential real estate loans; or

  (4)  Loan of five thousand dollars or more secured solely by certificates of stock, bonds, bills of exchange, certificates of deposit, warehouse receipts, or bills of lading pledged as collateral for the repayment of such loans.

­­--------

(L. 1974 2d Ex. Sess. S.B. 1, A.L. 1980 H.B. 1195, A.L. 1981 S.B. 5 Revision, A.L. 1992 S.B. 688, A.L. 1997 H.B. 655 merged with S.B. 170, A.L. 2021 S.B. 106, A.L. 2024 S.B. 1359)

(1994) Where statute allows unlimited interest on loans in excess of five thousand dollars secured by real estate used for agricultural activity, banking regulation, C.S.R. 140-6.050, relating to contingent interest and limitations on its application to profitability and successful operations of businesses, is not inconsistent and statute does not entitle bank to ignore limitation of banking regulation.  Contingent interest provision of bank note was invalid and unenforceable.  Killion v. Bank Midwest, N.A., 886 S.W.2d 29 (Mo. App. W.D.).