Section 411.260

Title XXVI TRADE AND COMMERCE

Chapter 411

Effective - 01 Jan 2017, 2 histories, see footnote   

  411.260.  Application for public warehouse license, contents — rules — financial statements — false financial statement, penalty. — 1.  Each person owning, operating, or desiring to own or operate a grain warehouse who is required to be licensed, shall apply for a license for each such warehouse he owns or operates.  The application for a license shall be subscribed and sworn to under oath by the applicant or a duly authorized representative of the applicant.  The application shall be in a form prescribed by the director.  All items on the application must be completed or marked "not applicable" as appropriate.

  2.  All applications shall be accompanied by a true and accurate financial statement of the applicant, prepared within six months of the date of the application, setting forth the assets, liabilities and the net worth of the applicant.  All applications shall also be accompanied by a true and accurate statement of income and expenses for the applicant's most recently completed fiscal year.  The financial statements required by this chapter shall be prepared in conformity with generally accepted accounting principles; except that, the director may promulgate rules allowing for the valuation of assets by competent appraisal.

  3.  The financial statements required by subsection 2 of this section shall be audited or reviewed by a certified public accountant.  The financial statement may not be audited, reviewed or prepared by the applicant, if an individual, or, if the applicant is a corporation or partnership, by any officer, shareholder, partner, or employee of the applicant.

  4.  The director may require any additional information or verification with respect to the financial resources of the applicant as he deems necessary for the effective administration of this chapter.  The director may promulgate rules setting forth minimum standards of acceptance for the various types of financial statements filed in accordance with the provisions of this chapter.  The director may promulgate rules requiring a statement of retained earnings, a statement of changes in financial position, and notes and disclosures to the financial statements for all licensed warehousemen or all warehousemen required to be licensed.  The additional information or verification referred to herein may include, but is not limited to, requiring that the financial statement information be reviewed or audited in accordance with standards established by the American Institute of Certified Public Accountants.

  5.  All warehousemen shall provide the director with a copy of all financial statements and updates to financial statements utilized to secure the bonds required by this chapter.  Also, all warehousemen maintaining a uniform grain storage agreement with the Commodity Credit Corporation or a United States Warehouse Act license shall provide the director with a copy of all financial statements and updates to financial statements utilized to secure and maintain such agreement or license.

  6.  All financial statements submitted to the director for the purposes of this chapter shall be accompanied by a certification by the applicant or the chief executive officer of the applicant, subject to the penalty provision set forth in section 411.517 that to the best of his knowledge and belief the financial statement accurately reflects the financial condition of the applicant for the fiscal period covered in the statement.

  7.  Any person who knowingly prepares or assists in the preparation of an inaccurate or false financial statement which is submitted to the director for the purposes of this chapter, or who during the course of providing bookkeeping services or in reviewing or auditing a financial statement which is submitted to the director for the purposes of this chapter, becomes aware of false information in the financial statement and does not disclose in notes accompanying the financial statements that such false information exists, or does not disassociate himself from the financial statements prior to submission, is guilty of a class D felony.  Additionally, such persons are liable for any damages incurred by depositors of grain with a warehouseman who is licensed or allowed to maintain his license based upon inaccuracies or falsifications contained in the financial statement.

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(RSMo 1939 § 14628, A.L. 1941 p. 373 § 19, A. 1949 H.B. 2108, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 13328; 1919 § 6000; 1909 § 6776

Effective 1-01-17