Missouri Revised Statutes
Chapter 362
Banks and Trust Companies
←362.900
Section 362.910.1
362.915→
August 28, 2015
Definitions.
362.910. 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.
(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)
2003
1995
2003
362.910. 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 of the department of economic development;
(6) "Trust holding company", any company which has control over any
trust company or over any company that is a trust holding company.
1995
362.910. As used in sections 362.910 to 362.940, except for section
362.925, 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 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 of the department of economic development.
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