State of the Nonprofit Regulatory Environment in MISSOURI
1 Bifurcation of charitable regulatory body
Bifurcated Regulatory Structure
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
MO Code § 407.453
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: No - § 407.453 (1)
Registration Office
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
BIFURCD-REGIOF-NS
REGULATORY BODY: Not Specific
NOTES: Missouri Attorney General’s Office https://ago.mo.gov/divisions/consumer/check-a-charity/for-nonprofits
2 Notice, Filing or Review of Transactions
Sale of Assets
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 355.656
REGULATORY BODY: Attorney General
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.656. Approval required, certain transactions. o 1. A corporation may sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property, with or without the goodwill, other than in the usual and regular course of its activities, on the terms and conditions and for the consideration determined by the corporation’s board if the proposed transaction is authorized by subsection 2 of this section. 2. Unless this chapter, the articles, bylaws, or the board of directors or members, acting pursuant to subsection 4 of this section, require a greater vote or voting by class, the proposed transaction to be authorized must be approved: (1) By the board; (2) By the members by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (3) In writing by any person or persons whose approval is required by a provision of the articles authorized by section 355.606 for an amendment to the articles or bylaws. 3. If the corporation does not have members the transaction must be approved by a vote of a majority of the directors in office at the time the transaction is approved. In addition the corporation shall provide notice of any directors’ meeting at which such approval is to be obtained in accordance with subsection 3 of section 355.386. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. 4. The board may condition its submission of the proposed transaction, and the members may condition their approval of the transaction, on receipt of a higher percentage of affirmative votes or on any other basis. 5. If the corporation seeks to have the transaction approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with section 355.251. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. 6. If the board seeks to have the transaction approved by the members by written consent or written ballot, the material soliciting approval shall contain or be accompanied by a copy or summary of a description of the transaction. 7. A public benefit corporation must give written notice to the attorney general twenty days before it sells, exchanges, or otherwise disposes of all, or substantially all, of its property. 8. After a sale, lease, exchange, or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further action by the members or any other person who approved the transaction in accordance with the procedure set forth in the resolution proposing the transaction or, if none is set forth, in the manner determined by the board of directors. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Public benefit corporations must give notice to the Attorney General, V.A.M.S. § 355.656
REPORTS-ASSETS-OT
REGULATORY BODY: Other
NOTES: No
Mergers
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 355.621
REGULATORY BODY: Attorney General
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.621. Limitations upon mergers, certain companies. o 1. Without the prior approval of the circuit court having jurisdiction in the county where the registered office in this state of any domestic corporation which is a party to the merger is located, a public benefit corporation may merge with the following in a proceeding of which the attorney general has been given written notice: (1) A public benefit corporation; (2) A foreign corporation which would qualify under this chapter as a public benefit corporation; (3) A wholly-owned foreign or domestic business or mutual benefit corporation, provided the public benefit corporation is the surviving corporation and continues to be a public benefit corporation after the merger; or (4) A business or mutual benefit corporation, provided that: (a) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or the fair market value of the public benefit corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subdivisions (5) and (6) of subsection 1 of section 355.691 had it dissolved; (b) It shall return, transfer or convey any assets held by it upon condition requiring return, transfer or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (c) The merger is approved by a majority of directors of the public benefit corporation who are not and will not become members or shareholders in, or officers, employees, agents or consultants of, the surviving corporation. 2. At least twenty days before consummation of any merger of a public benefit corporation, pursuant to subdivision (4) of subsection 1 of this section, notice, including a copy of the proposed plan of merger, and, if applicable, evidence of proposed compliance with that subdivision, must be delivered to the attorney general. 3. Without the prior approval of the circuit court having jurisdiction in the county where the registered office in this state of any domestic corporation which is a party to the merger is located, in a proceeding in which the attorney general has been given notice, no member of a public benefit corporation may receive or keep anything as a result of a merger other than a membership or membership in the surviving public benefit corporation. The court shall approve the transaction if it is in the public interest. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Pub. Benefit Corp V.A.M.S. 355.621
MO Code § 355.631
REGULATORY BODY: Other
STATUTE TEXT: Effective 28 Aug 2004 355.631. Articles of merger. o 1. After a plan of merger is approved by the board of directors, shareholders, and if required by section 355.626, by the members and any other persons, the surviving or acquiring corporation shall deliver to the secretary of state articles of merger setting forth: (1) The names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is herein designated as “the surviving corporation”; (2) The plan of merger; (3) If approval by members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (4) If approval by members was required: (a) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (b) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (5) If approval of the plan by some person or persons other than the members or the board is required pursuant to subdivision (3) of subsection 1 of section 355.626, a statement that the approval was obtained; (6) If approval by shareholders was required, then a statement as to the manner and basis of converting the shares of each merging corporation into cash, property, memberships or other securities or obligations of the surviving corporation, or, if any shares of any merging corporation are not to be converted solely into cash, property, memberships or other securities or obligations of the surviving corporation, into cash, property, shares or other securities or obligations of any other domestic or foreign corporation, which cash, property, shares or other securities or obligations of any other domestic or foreign corporation may be in addition to or completely in lieu of cash, property, shares or other securities or obligations of the surviving corporation; (7) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by the merger. 2. The articles of merger shall be executed in duplicate by each nonprofit or business corporation as follows: (1) Signed as provided in subdivision (1) of subsection 6 of section 355.011 for nonprofit corporations; (2) Signed as provided in section 351.430 for business corporations. ——– (L. 1994 H.B. 1095, A.L. 2004 H.B. 1664)
NOTES: File with Sec. of State V.A.M.S. 355.631
Certificate of Amendments
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
REPORTS-AMMEND-AG
REGULATORY BODY: Attorney General
NOTES: No
MO Code § 355.571
REGULATORY BODY: Other
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.571. Articles of amendment, delivery. o A corporation amending its articles shall deliver to the secretary of state articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) The date of each amendment’s adoption; (4) If approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators; (5) If approval by members was required: (a) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the amendment, and number of votes of each class indisputably voting on the amendment; and (b) Either the total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each class and a statement that the number cast for the amendment by each class was sufficient for approval by that class; (6) If approval of the amendment by some person or persons other than the members, the board or the incorporators is required pursuant to section 355.606, a statement that the approval was obtained. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: V.A.M.S. 355.571
Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 407.462
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: Mo. Rev. Stat. § 407.462; https://ago.mo.gov/docs/default-source/forms/charityannualreport.pdf?sfvrsn=2 (includes space to report funds solicited or collected and funds used for fundraising)
3 Notice or Action for Dissolutions
Voluntary Dissolutions
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 355.676
REGULATORY BODY: Attorney General
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.676. Dissolution of public benefit corporation. o 1. A public benefit corporation shall give the attorney general written notice that it intends to dissolve at or before the time it delivers articles of dissolution to the secretary of state. The notice shall include a copy or summary of the plan of dissolution. 2. No assets shall be transferred or conveyed by a public benefit corporation as part of the dissolution process until twenty days after it has given the written notice required by subsection 1 of this section to the attorney general or until the attorney general has consented in writing to, or indicated in writing that he will take no action in respect to, the transfer or conveyance, whichever is earlier. 3. When all or substantially all of the assets of a public benefit corporation other than a church or convention or association of churches have been transferred or conveyed following approval of dissolution, the board shall deliver to the attorney general a list showing those, other than creditors, to whom the assets were transferred or conveyed. The list shall indicate the address of each person, other than creditors, who received assets and indicate what assets each received. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Pub. Benefit Corp. V.A.M.S. 355.676
MO Code § 355.681
REGULATORY BODY: Other
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.681. Articles of dissolution, contents. o 1. At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state articles of dissolution setting forth: (1) The name of the corporation; (2) The date dissolution was authorized; (3) A statement that dissolution was approved by a sufficient vote of the board; (4) If approval of members was not required, a statement to that effect and a statement that dissolution was approved by a sufficient vote of the board of directors or incorporators; (5) If approval by members was required: (a) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on dissolution, and number of votes of each class indisputably voting on dissolution; and (b) Either the total number of votes cast for and against dissolution by each class entitled to vote separately on dissolution or the total number of undisputed votes cast for dissolution by each class and a statement that the number cast for dissolution by each class was sufficient for approval by that class; (6) If approval of dissolution by some person or persons other than the members, the board or the incorporators is required pursuant to subdivision (3) of subsection 1 of section 355.671, a statement that the approval was obtained; and (7) If the corporation is a public benefit corporation, that the notice to the attorney general required by subsection 1 of section 355.676 has been given. 2. A corporation is dissolved upon the effective date of its articles of dissolution. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Filed with Sec. of State V.A.M.S. 355.681
Judicial Dissolutions
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 355.726
REGULATORY BODY: Attorney General
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.726. Judicial dissolution. o 1. The circuit court may dissolve a corporation: (1) In a proceeding by the attorney general if it is established that: (a) The corporation obtained its articles of incorporation through fraud; (b) The corporation has continued to exceed or abuse the authority conferred upon it by law; (c) The corporation is a public benefit corporation other than a church or convention or association of churches and the corporate assets are being misapplied or wasted; or (d) The corporation is a public benefit corporation other than a church or convention or association of churches and is no longer able to carry out its purposes; (2) Except as provided in the articles or bylaws of a public benefit corporation which is a church or convention or association of churches, in a proceeding by fifty members or members holding five percent of the voting power, whichever is less, or by a director or any person specified in the articles, if it is established that: (a) The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to breach the deadlock; (b) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent; (c) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired; (d) The corporate assets are being misapplied or wasted; or (e) The corporation is a public benefit corporation and is no longer able to carry out its purposes; (3) In a proceeding by a creditor if it is established that: (a) The creditor’s claim has been reduced to a judgment, the execution on the judgment returned unsatisfied and the corporation is insolvent; or (b) The corporation has admitted in writing that the creditor’s claim is due and owing and the corporation is insolvent; or (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. 2. Prior to dissolving a corporation, the court shall consider whether: (1) There are reasonable alternatives to dissolution; (2) Dissolution is in the public interest, if the corporation is a public benefit corporation other than a church or convention or association of churches; (3) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: V.A.M.S. 355.726
MO Code § 355.741
REGULATORY BODY: Other
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.741. Decree of dissolution. o 1. If after a hearing the court determines that one or more grounds for judicial dissolution described in section 355.726 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the secretary of state, who shall file it. 2. After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation’s affairs in accordance with section 355.691 and the notification of its claimants in accordance with sections 355.696 and 355.701. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: File Decree with Sec. of State V.A.M.S. 355.741
Administrative Dissolutions
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 355.711
REGULATORY BODY: Attorney General
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.711. Procedure, effect of administrative dissolution. o 1. Upon determining that one or more grounds exist under section 355.706 for dissolving a corporation, the secretary of state shall serve the corporation with written notice of that determination under section 355.176. 2. If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within at least sixty days after service of the notice is perfected under section 355.176, the secretary of state may administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the corporation under section 355.176, and in the case of a public benefit corporation shall notify the attorney general in writing. 3. A corporation administratively dissolved continues its corporate existence but may not carry on any activities except those necessary to wind up and liquidate its affairs under section 355.691 and notify its claimants under sections 355.696 and 355.701. 4. The administrative dissolution of a corporation does not terminate the authority of its registered agent. 5. The corporate name is not available for use by others for a period of two years from the effective date of its administrative dissolution. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Pub. Benefit Corp only V.A.M.S. 355.711
MO Code § 355.706
REGULATORY BODY: Other
STATUTE TEXT: Effective 28 Aug 2009 355.706. Administrative dissolution, grounds. o The secretary of state may commence a proceeding under section 355.711 to administratively dissolve a corporation if: (1) The corporation does not pay within thirty days after they are due fees or penalties imposed by this chapter; (2) The corporation does not deliver its corporate registration report to the secretary of state within ninety days after it is due; (3) The corporation is without a registered agent or registered office in this state for thirty days or more; (4) The corporation does not notify the secretary of state within thirty days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; (5) The corporation’s period of duration, if any, stated in its articles of incorporation expires; or (6) The corporation has procured its charter through fraud practiced upon the state. ——– (L. 1994 H.B. 1095, A.L. 2009 H.B. 481)
NOTES: Sec. of State V.A.M.S. 355.706
4 Notice, Oversight or Filing of Hospital Conversions
Has Statute
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
HOSPCON-STATUT-NS
REGULATORY BODY: Not Specific
NOTES: No
Requires Notice or Oversight
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
HOSPCON-OVERSI-AG
REGULATORY BODY: Attorney General
HOSPCON-OVERSI-OT
REGULATORY BODY: Other
Requires Filing
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
HOSPCON-FILING-OT
REGULATORY BODY: Other
5 Audits
Requires Audit
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
AUDITFI-AUDITS-NS
REGULATORY BODY: Not Specific
NOTES: No
Audit Threshold
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
AUDITFI-THRESH-NS
REGULATORY BODY: Not Specific
6 Registration Law
Registration Law
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456
7 Exemptions from Registering for Specific Organization Types
Religious Organizations
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(1)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(2)(1)
Small organizations
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-SMALLO-NS
REGULATORY BODY: Not Specific
NOTES: NO
Educational Institutions
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(2)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(2)(2)
Governmental Organizations
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-GOVMNT-NS
REGULATORY BODY: Not Specific
NOTES: NO
Hospitals
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(4)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: All hospitals that do not hire outside professional fundraisers: V.A.M.S. 407.456(2)(4)
Veterans organizations
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-VETERA-NS
REGULATORY BODY: Not Specific
NOTES: NO
Foundations
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-FNDYES-NS
REGULATORY BODY: Not Specific
NOTES: NO
Foundations that don’t solicit contributions
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-FNDNOS-NS
REGULATORY BODY: Not Specific
NOTES: NO
Charitable Trusts
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-CTRUST-NS
REGULATORY BODY: Not Specific
NOTES: NO
Parent-Teacher Organizations
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-PTOEDU-NS
REGULATORY BODY: Not Specific
NOTES: NO
Reports to congress
Regulatory Action: EXEMPTION
A regulation is NOT defined in the state
ORGTYPE-CONGRE-NS
REGULATORY BODY: Not Specific
NOTES: NO
Non-soliciting
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(1)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(1)
Fraternal/ Membership
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(3)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(2)(3)
Political Orgs
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(5)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(2)(5) (must file elsewhere under campaign finance laws)
Other
Regulatory Action: EXEMPTION
YES: A regulation is defined in the state
MO Code § 407.456(2)(6)
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: V.A.M.S. 407.456(2)(6) seems to exempt all 501(c)(3), (c)(7), and (c)(8) organizations
8 Defined remedies
Dissolution
Regulatory Action: REMEDY
YES: A regulation is defined in the state
MO Code § 355.726
REGULATORY BODY: Not Specific
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.726. Judicial dissolution. o 1. The circuit court may dissolve a corporation: (1) In a proceeding by the attorney general if it is established that: (a) The corporation obtained its articles of incorporation through fraud; (b) The corporation has continued to exceed or abuse the authority conferred upon it by law; (c) The corporation is a public benefit corporation other than a church or convention or association of churches and the corporate assets are being misapplied or wasted; or (d) The corporation is a public benefit corporation other than a church or convention or association of churches and is no longer able to carry out its purposes; (2) Except as provided in the articles or bylaws of a public benefit corporation which is a church or convention or association of churches, in a proceeding by fifty members or members holding five percent of the voting power, whichever is less, or by a director or any person specified in the articles, if it is established that: (a) The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to breach the deadlock; (b) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent; (c) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired; (d) The corporate assets are being misapplied or wasted; or (e) The corporation is a public benefit corporation and is no longer able to carry out its purposes; (3) In a proceeding by a creditor if it is established that: (a) The creditor’s claim has been reduced to a judgment, the execution on the judgment returned unsatisfied and the corporation is insolvent; or (b) The corporation has admitted in writing that the creditor’s claim is due and owing and the corporation is insolvent; or (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. 2. Prior to dissolving a corporation, the court shall consider whether: (1) There are reasonable alternatives to dissolution; (2) Dissolution is in the public interest, if the corporation is a public benefit corporation other than a church or convention or association of churches; (3) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: V.A.M.S. 355.726
Removal of Board Members
Regulatory Action: REMEDY
YES: A regulation is defined in the state
MO Code § 355.356
REGULATORY BODY: Not Specific
STATUTE TEXT: Effective 01 Jul 1995, see footnote 355.356. Removal of director by court. o 1. The circuit court of the county where a corporation’s principal office is located may remove any director of the corporation from office in a proceeding commenced either by the corporation, its members holding at least ten percent of the voting power of any class, or the attorney general in the case of a public benefit corporation if the court finds that: (1) The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation, or a final judgment has been entered finding that the director has violated a duty set forth in sections 355.416 to 355.426; and (2) Removal is in the best interest of the corporation. 2. The court that removes a director may bar the director from serving on the board for a period prescribed by the court. 3. If members or the attorney general commence a proceeding under subsection 1 of this section, the corporation shall be made a party defendant. 4. If a public benefit corporation or its members commence a proceeding under subsection 1 of this section, they shall give the attorney general written notice of the proceeding. ——– (L. 1994 H.B. 1095) Effective 7-01-95
NOTES: Mo. Ann. Stat. § 355.356
9 Oversight of professional fundraisers
Does the state require registration by commercial fundraisers?
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 407.466
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: Mo. Rev. Stat. § 407.466
Does the state require registration by fundraising counsel?
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
FNDRAZE-COUNSL-NS
REGULATORY BODY: Not Specific
Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
FNDRAZE-VENTUR-NS
REGULATORY BODY: Not Specific
Does the state require the fundraisers to provide notice to the regulator before any solicitation campaign (in addition to annual registration and/or filing the contract)?
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
FNDRAZE-NOTICE-NS
REGULATORY BODY: Not Specific
Does the state require specified disclosures to donors?
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
MO Code § 407.469
REGULATORY BODY: Not Specific
STATUTE TEXT:
NOTES: Mo. Rev. Stat. § 407.469
Does the state require a copy of any contract between a charitable organization and a commercial fundraiser or fundraising counsel be filed with the regulator?
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
FNDRAZE-CNTRCT-NS
REGULATORY BODY: Not Specific
NOTES: No, but professional solicitors must amend their registration each time they enter into a contract with a new client.
Does the state require annual financial reporting by commercial fundraisers?
Regulatory Action: REQUIREMENT
YES: A regulation is defined in the state
FNDRAZE-ANNUAL-NS
REGULATORY BODY: Not Specific
NOTES: But very minimal: registration renewal application asks fundraiser to list each charitable org, amount solicited, and percentage received by fundraiser. https://www.ago.mo.gov/docs/default-source/pdf-forms/profundraiserrenew.pdf?sfvrsn=2
Does the state require bonding of professional fundraisers?
Regulatory Action: REQUIREMENT
A regulation is NOT defined in the state
FNDRAZE-BONDNG-NS
REGULATORY BODY: Not Specific