§ 436.100 Definitions
§ 436.103 Action for damages or injunction, jurisdiction
§ 436.105 Franchisor to have registered agent on file in office of secretary of state
§ 436.150 Definitions
§ 436.153 Proprietor entering into contract to be furnished certain information in ..
§ 436.155 Performing rights society duties — list of music to be on file with …
§ 436.157 Contract for payment of royalties must be in writing, content
§ 436.159 Prohibited acts by performing rights society, exception — violations — …
§ 436.161 Proprietor may bring action for violations to recover damages — recovery to …
§ 436.163 Laws applicable only to performing rights societies
§ 436.215 Citation of law
§ 436.218 Definitions
§ 436.221 Director’s authority
§ 436.224 Certificate of registration required — act as athlete agent without …
§ 436.227 Application procedure, contents — reciprocity, requirements — director to …
§ 436.230 Certificate of registration issued, when — refusal to issue, when, …
§ 436.233 Sanctioning of certificate of registration, when — complaint procedure.
§ 436.236 Temporary certificate of registration permitted, when
§ 436.239 Application fee — athlete agent fund created — rulemaking authority.
§ 436.242 Contract requirements and content — separate record for minors — …
§ 436.245 Notice of contract, when — violation of athlete agent law, educational …
§ 436.248 Cancellation of contract, when
§ 436.251 Records to be retained
§ 436.254 Prohibited acts
§ 436.260 Educational institution or student athlete cause of action, when, damages — …
§ 436.263 Violations, penalties
§ 436.266 Uniformity considered in applying law
§ 436.272 Moneys collected for certain violations to be transferred to general revenue
§ 436.300 Private construction work contract payment requirements
§ 436.303 Contract provisions — retainage.
§ 436.306 Security tendered, when
§ 436.309 Subcontractor may tender substitute security, when
§ 436.312 Substitute security requirements
§ 436.315 Withholding of retainage prohibited, when
§ 436.318 Release of retainage, payment made
§ 436.321 Adjustment in retainage, when
§ 436.324 Release of retainage, when
§ 436.327 Substantial completion defined
§ 436.330 Subcontractor obligations
§ 436.333 Unenforceability of contracts entered into after August 28, 2002
§ 436.336 Applicability
§ 436.350 Definitions
§ 436.353 Notice of offer to cure defects by contractor, contents — effect on court …
§ 436.356 Court actions arising from construction defects, notice of alleged defect ..
§ 436.359 Rejection of settlement offer by association governing board, effect of — …
§ 436.362 Mediation requirements
§ 436.365 Law not to restrict or inhibit other remedies or ability to contract
§ 436.400 Citation of law — applicability.
§ 436.405 Definitions
§ 436.410 Applicability exceptions
§ 436.412 Violations, disciplinary actions authorized — governing law for contracts.
§ 436.415 Provision of certain services required by provider — seller’s duties.
§ 436.420 Written contract required, contents — notification to board of provider …
§ 436.425 Contract form, requirements — voidability of contract — waiver of contract …
§ 436.430 Trust-funded preneed contract requirements
§ 436.435 Compliance of contracts entered into prior to effective date — investment …
§ 436.440 Provisions applicable to all preneed trusts
§ 436.445 Trustee not to make decisions, when
§ 436.450 Insurance-funded preneed contract requirements
§ 436.455 Joint account-funded preneed contract requirements
§ 436.456 Cancellation of contract, when, procedure
§ 436.457 Seller’s right to cancel, when, procedure
§ 436.458 Alternative provider permitted, when
§ 436.460 Seller report to board required, contents — fee — filing of reports.
§ 436.465 Record-keeping requirements of seller
§ 436.470 Complaint procedure — violation, attorney general may file court action.
§ 436.480 Death or incapacity of purchaser, transfer of rights and remedies, to whom
§ 436.485 Violations, penalties
§ 436.490 Sale of business assets of provider — report to board required, contents.
§ 436.500 Sale of business assets by seller, report to board required, contents
§ 436.505 Credit life insurance may be offered to purchaser
§ 436.510 Seller’s failure to make timely payment, effect of — rights of purchaser.
§ 436.520 Rulemaking authority
§ 436.525 Board to maintain certain personal information about purchaser — …
§ 436.700 Citation of law — legal custodian of minors, settlement agreement for …

Terms Used In Missouri Laws > Chapter 436 - Special Purpose Contracts

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in Missouri Laws 1.020
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Verdict: The decision of a petit jury or a judge.