Section 407.812

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2023, 2 histories   

  407.812.  Compliance with act required — applicability of act — engaging in business of selling motor vehicles, entities prohibited from, exception. — 1.  Any franchisor obtaining or renewing its license after August 28, 2010, shall be bound by the provisions of the MVFP act and shall comply with it, and no franchise agreement made, entered, modified, or renewed after August 28, 2010, shall avoid the requirements of the MVFP act, or violate its provisions, and no franchise agreement shall be performed after the date the franchisor's license is issued or renewed in such a manner that the franchisor avoids or otherwise does not conform or comply with the requirements of the MVFP act.  Notwithstanding the effective date of any franchise agreement, all franchisor licenses and renewals thereof are issued subject to all provisions of the MVFP act and chapter 301 and any regulations in effect upon the date of issuance, as well as all future provisions of the MVFP act and chapter 301 and any regulations which may become effective during the term of the license.

  2.  The provisions of the MVFP act shall apply to each franchise that a franchisor, manufacturer, importer, or distributor has with a franchisee and all agreements between a franchisee and a common entity or any person that is controlled by a franchisor.

  3.  No dealer or manufacturer licensed in this state under sections 301.550 to 301.573 shall allow any subsidiary or related entity to engage in the business of selling motor vehicles, as defined in section 301.010, to retail consumers in this state, except as otherwise permitted by law.  Any dealer or manufacturer licensed in this state shall have standing to enforce the provisions of this subsection provided that a franchise relationship exists between the parties.

  4.  No entity controlling, controlled by, or sharing a common parent entity or sibling entity with a licensed dealer or manufacturer shall engage in the business of selling motor vehicles to retail consumers in this state, except as permitted by sections 301.550 to 301.575 and the MVFP act.  Any dealer or manufacturer licensed in this state shall have standing to enforce the provisions of this subsection.

  5.  No dealer or manufacturer not licensed in this state under sections 301.550 to 301.575 shall engage in the business of selling motor vehicles to retail consumers in this state, except as permitted by sections 301.550 to 301.575 and the MVFP act.  Any dealer or manufacturer in this state shall have standing to enforce the provisions of this subsection, provided that a franchise relationship exists between the parties.

  6.  Notwithstanding any provision of sections 301.550 to 301.575 to the contrary, a manufacturer, importer, or distributor may engage in the business of selling motor vehicles to retail consumers in this state from a dealership if the manufacturer, importer, or distributor owned the dealership and initially submitted a dealer license application to the Missouri department of revenue on or before August 28, 2023, provided that the license is subsequently granted, and the ownership or controlling interest of such dealership is not transferred, sold, or conveyed to another person or entity required to be licensed under this chapter.

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(L. 2010 H.B. 2198, A.L. 2023 S.B. 398)