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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 362

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  362.910.  Definitions. — As used in sections 362.910 to 362.940, unless the context clearly indicates otherwise, the following terms mean:

  (1)  "Bank", any bank, trust company or national banking association which accepts demand deposits and makes loans, and which has its principal banking house in Missouri and a branch of any bank, trust company or national banking association which accepts demand deposits and which has a physical presence in Missouri, other than a branch located outside of Missouri;

  (2)  "Bank holding company", any company which has control over any bank or over any company that is a bank holding company;

  (3)  "Company", any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within twenty-five years or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state;

  (4)  "Control", a company has control over a bank, trust company, or company if:

  (a)  The company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote twenty-five percent or more of any class of voting securities of the bank or company;

  (b)  The company controls in any manner the election of a majority of the directors or trustees of the bank or company; or

  (c)  The company directly or indirectly exercises a controlling influence over the management or policies of the bank or company;

  (d)  Provided, however, no company shall be deemed to have control over a bank or a company by virtue of its ownership or control of shares acquired by it in connection with its underwriting of securities and which are held only for such period of time as will permit the sale thereof upon a reasonable basis, or which is formed for the sole purpose of participating in a proxy solicitation, or which acquires ownership or control of shares in securing or collecting a debt previously contracted in good faith, until two years after the date of acquisition, or which acquires ownership or control of shares in a fiduciary capacity.  For the purpose of sections 362.910 to 362.940, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company in its capacity as trustee of a trust has sole discretionary authority to exercise voting rights with reference thereto; except that this limitation is applicable in the case of a bank or company which acquired such shares prior to December 31, 1970, only if the bank or company had the right consistent with its obligations under the instrument, agreement, or other arrangement establishing the trust relationship to divest itself of such voting rights and failed to exercise that right to divest prior to December 31, 1971;

  (5)  "Director" or "director of finance", the director of the division of finance;

  (6)  "Trust holding company", any company which has control over any trust company or over any company that is a trust holding company.

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(L. 1974 H.B. 1798 § 1 subsec. 1, A.L. 1986 S.B. 442, A.L. 1995 H.B. 63, et al., A.L. 2003 H.B. 221 merged with S.B. 346, A.L. 2008 S.B. 788)


---- end of effective   28 Aug 2008 ----

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