Terms Used In Missouri Laws > Chapter 9 - Public Holidays

• Abuse: includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected pursuant to this chapter, except abuse shall not include abuse inflicted on a child by accidental means by an adult household member or discipline of a child, including spanking, in a reasonable manner:

  (a) "Abusing a pet", purposely or knowingly causing, attempting to cause, or threatening to cause physical injury to a pet with the intent to control, punish, intimidate, or distress the petitioner. See Missouri Laws 455.010

• Account: the monetary interest of the owner thereof in the deposit capital of an association and consists of the withdrawal value of such interest. See Missouri Laws 369.014
• Accredited: the official authorization or status granted by an agency for a program through a voluntary process. See Missouri Laws 335.016
• Accredited degree program from a school of architecture: a degree from any school or other institution which teaches architecture and whose curricula for the degree in question have been, at the time in question, certified as accredited by the National Architectural Accrediting Board. See Missouri Laws 327.011
• Accredited dental hygiene school: any program which teaches a course in dental hygiene which is accredited by the Commission on Dental Accreditation of the American Dental Association and which shall have a minimum of two academic years of curriculum provided in a college or institution of higher education. See Missouri Laws 332.011
• Accredited dental school: any college, university, school, or other institution which teaches dentistry which has been certified by the American Dental Association. See Missouri Laws 332.011
• Accredited school of engineering: any school or other institution which teaches engineering and whose curricula on the subjects in question are or have been, at the time in question certified as accredited by the engineering accreditation commission of the accreditation board for engineering and technology or its successor organization. See Missouri Laws 327.011
• Accredited school of landscape architecture: any school or other institution which teaches landscape architecture and whose curricula on the subjects in question are or have been at the times in question certified as accredited by the Landscape Architecture Accreditation Board of the American Society of Landscape Architects. See Missouri Laws 327.011
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adnexa: all structures adjacent to the eye and the conjunctiva, lids, lashes, and lacrimal system. See Missouri Laws 336.010
• adult: shall be construed as meaning any person who is eighteen years of age or older. See Missouri Laws 442.010
• Adult: any person seventeen years of age or older or otherwise emancipated. See Missouri Laws 455.010
• Advanced practice registered nurse: a nurse who has education beyond the basic nursing education and is certified by a nationally recognized professional organization as a certified nurse practitioner, certified nurse midwife, certified registered nurse anesthetist, or a certified clinical nurse specialist. See Missouri Laws 335.016
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: a place of business other than the home office or a branch office at which an agent of the association transacts authorized business of the association. See Missouri Laws 369.014
• AICPA: the American Institute of Certified Public Accountants. See Missouri Laws 326.256
• Alarm: to cause fear of danger of physical harm. See Missouri Laws 455.010
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approval: official recognition of nursing education programs which meet standards established by the board of nursing. See Missouri Laws 335.016
• Architect: any person authorized pursuant to the provisions of this chapter to practice architecture in Missouri, as the practice of architecture is defined in section 327. See Missouri Laws 327.011
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• articles: amended and restated articles of incorporation and articles of merger. See Missouri Laws 355.066
• Articles of incorporation: includes the original articles of incorporation and all amendments thereto, and includes articles of merger or consolidation. See Missouri Laws 351.015
• articles of incorporation: as used in this chapter shall be deemed to include the articles of conversion of a converted corporation. See Missouri Laws 394.070
• Assault: purposely or knowingly placing or attempting to place another in fear of physical harm. See Missouri Laws 455.010
• Assessment: shall be construed as synonymous with the word "forfeiture". See Missouri Laws 362.010
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: a savings and loan association or a savings association subject to the provisions of this chapter. See Missouri Laws 369.014
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• attest services: providing the following services:

  (a) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS). See Missouri Laws 326.256

• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized agent: any person who has the legal authority to act on behalf of, or for the benefit of, another person. See Missouri Laws 411.026
• Authorized shares: means the aggregate number of shares of stock of all classes, whether with or without par value, which the corporation is authorized to issue. See Missouri Laws 351.015
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bank: means any corporation soliciting, receiving or accepting money, or its equivalent, on deposit as a business, whether the deposit is made subject to check, or is evidenced by a certificate of deposit, a passbook, a note, a receipt, or other writing, and specifically a commercial bank chartered under this chapter or a national bank located in this state. See Missouri Laws 362.010
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Barber: any person who is engaged in the capacity so as to shave the beard or cut and dress the hair for the general public shall be construed as practicing the occupation of "barber" and the said barber or barbers shall be required to fulfill all requirements within the meaning of this chapter. See Missouri Laws 328.010
• Barber establishment: that part of any building wherein or whereupon any occupation of barbering is being practiced including any space or barber chair rented within a licensed establishment by a person licensed under this chapter, for the purpose of rendering barbering services. See Missouri Laws 328.010
• Barrel: for the purposes of sections 414. See Missouri Laws 414.012
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basic local telecommunications service: two-way switched voice service within a local calling scope as determined by the commission comprised of any of the following services and their recurring and nonrecurring charges:

  (a) Multiparty, single line, including installation, touchtone dialing, and any applicable mileage or zone charges. See Missouri Laws 386.020

• 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}
• Benefit contract: the agreement for provision of benefits authorized by section 378. See Missouri Laws 378.604
• Benefit member: an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Missouri Laws 378.604
• Bequest: Property gifted by will.
• Biological product: the same meaning as such term is defined under 42 U. See Missouri Laws 338.085
• Board: the state banking and savings and loan board established under chapter 361. See Missouri Laws 369.014
• board: as used in this chapter shall mean the board of directors of a fire protection district. See Missouri Laws 321.010
• Board: the Missouri state board of accountancy established under section 326. See Missouri Laws 326.256
• Board: the Missouri board for architects, professional engineers, professional land surveyors and professional landscape architects. See Missouri Laws 327.011
• Board: the board of cosmetology and barber examiners. See Missouri Laws 328.010
• Board: the state board of cosmetology and barber examiners. See Missouri Laws 329.010
• board: whenever used in this chapter means the state board of podiatric medicine. See Missouri Laws 330.010
• Board: the Missouri dental board. See Missouri Laws 332.011
• Board: the state board of embalmers and funeral directors created by this chapter. See Missouri Laws 333.011
• board: means the state board of registration for the healing arts in the state of Missouri. See Missouri Laws 334.020
• Board: the Missouri state board of optometry. See Missouri Laws 336.010
• Board: the Missouri board of nursing home administrators. See Missouri Laws 344.010
• board of directors: the board of directors except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to section 355. See Missouri Laws 355.066
• Branch: a place of business other than the home office at which is transacted authorized business of the association. See Missouri Laws 369.014
• Bylaws: the code or codes of rules, other than the articles, adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated. See Missouri Laws 355.066
• Cable television service: the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection of such video programming or other programming service. See Missouri Laws 386.020
• Capital: the capital stock and any other capital contributions in a capital stock association. See Missouri Laws 369.014
• Capital: funds paid in for stock or other evidence of ownership. See Missouri Laws 384.015
• Capital stock: shares of nonwithdrawable capital issued by a capital stock association which may be issued as permitted under chapter 351. See Missouri Laws 369.014
• Capital stock association: an association which issues capital stock. See Missouri Laws 369.014
• Carrier of last resort: any telecommunications company which is obligated to offer basic local telecommunications service to all customers who request service in a geographic area defined by the commission and cannot abandon this obligation without approval from the commission. See Missouri Laws 386.020
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certificate: the document issued as written evidence of the benefit contract. See Missouri Laws 378.604
• Certificate: a certificate issued under section 326. See Missouri Laws 326.256
• Certificate: a written document authorizing a common carrier to engage in intrastate commerce and issued under the provisions of this chapter. See Missouri Laws 390.020
• Certificate of limited partnership: the certificate referred to in section 359. See Missouri Laws 359.011
• Certified clinical nurse specialist: a registered nurse who is currently certified as a clinical nurse specialist by a nationally recognized certifying board approved by the board of nursing. See Missouri Laws 335.016
• Certified dental assistant: a dental assistant who is currently certified by the Dental Assisting National Board, Inc. See Missouri Laws 332.011
• certified mail with return receipt requested: includes certified mail carried by the United States Postal Service, or any parcel or letter carried by an overnight, express, or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient. See Missouri Laws 1.020
• Certified nurse midwife: a registered nurse who is currently certified as a nurse midwife by the American College of Nurse Midwives, or other nationally recognized certifying body approved by the board of nursing. See Missouri Laws 335.016
• Certified nurse practitioner: a registered nurse who is currently certified as a nurse practitioner by a nationally recognized certifying body approved by the board of nursing. See Missouri Laws 335.016
• Certified public accountant: any person licensed as such under chapter 326. See Missouri Laws 411.026
• Certified public accounting firm: "CPA firm" or "firm", a sole proprietorship, a corporation, a partnership or any other form of organization issued a permit under section 326. See Missouri Laws 326.256
• Certified registered nurse anesthetist: a registered nurse who is currently certified as a nurse anesthetist by the Council on Certification of Nurse Anesthetists, the Council on Recertification of Nurse Anesthetists, or other nationally recognized certifying body approved by the board of nursing. See Missouri Laws 335.016
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Charter service: the transportation of a group of persons who, pursuant to a common purpose and at a fixed charge for the vehicle, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group from a point of origin to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin. See Missouri Laws 390.020
• Child: any person under seventeen years of age unless otherwise emancipated. See Missouri Laws 455.010
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: any person or depositor who requests, but does not receive, payment for, or redelivery of, grain stored at a warehouse because the warehouseman fails or refuses to make such payment or redelivery. See Missouri Laws 411.026
• Class: a group of memberships which have the same rights with respect to voting, dissolution, redemption and transfer. See Missouri Laws 355.066
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Client: a person or entity that agrees with a licensee or licensee's employer to receive any professional service. See Missouri Laws 326.256
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Combustible liquid: those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code. See Missouri Laws 414.012
• Commercial zone: unless otherwise increased pursuant to the provisions of subdivision (4) of section 390. See Missouri Laws 390.020
• Commission: the "Public Service Commission" hereby created. See Missouri Laws 386.020
• Commissioner: one of the members of the commission. See Missouri Laws 386.020
• Commodities in bulk: commodities, which are fungible, flowable, capable of being poured or dumped, tendered for transportation unpackaged, incapable of being counted, but are weighed or measured by volume and which conform to the shape of the vehicle transporting them. See Missouri Laws 390.020
• Common carrier: any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce. See Missouri Laws 390.020
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• 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.
• Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
• Competitive telecommunications company: a telecommunications company which has been classified as such by the commission pursuant to section 392. See Missouri Laws 386.020
• Competitive telecommunications service: a telecommunications service which has been classified as such by the commission pursuant to section 392. See Missouri Laws 386.020
• Compilation: providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presented in the form of financial statements information that is the representation of management (owners) without undertaking to express any assurance on the statements. See Missouri Laws 326.256
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Container: any vessel of sixty United States gallons or less capacity used for transporting or storing flammable or combustible liquids. See Missouri Laws 414.012
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract carrier: any person under individual contracts or agreements which engage in transportation by motor vehicles of passenger or property for hire or compensation upon the public highways. See Missouri Laws 390.020
• Contribution: any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See Missouri Laws 359.011
• Control share acquisition: means the acquisition, directly or indirectly, by any person of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares. See Missouri Laws 351.015
• Control shares: means shares that, except for this chapter, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power, would entitle that person, immediately after acquisition of the shares, directly or indirectly, alone or as a part of a group, to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power:

  (a) One-fifth or more but less than one-third of all voting power. See Missouri Laws 351.015

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: any general business corporation, professional corporation or limited liability company. See Missouri Laws 327.011
• Corporation: includes a corporation, company, association and joint stock association or company. See Missouri Laws 386.020
• 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.
• Corporation: public benefit and mutual benefit corporations. See Missouri Laws 355.066
• Cosmetologist: any person who, for compensation, engages in the practice of cosmetology, as defined in subdivision (5) of this section. See Missouri Laws 329.010
• Cosmetology: includes performing or offering to engage in any acts of the classified occupations of cosmetology for compensation, which shall include:

  (a) "Class CH - hairdresser" includes arranging, dressing, curling, singeing, waving, permanent waving, cleansing, cutting, bleaching, tinting, coloring or similar work upon the hair of any person by any means. See Missouri Laws 329.010

• Cosmetology establishment: that part of any building wherein or whereupon any of the classified occupations are practiced including any space rented within a licensed establishment by a person licensed under this chapter, for the purpose of rendering cosmetology services. See Missouri Laws 329.010
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: includes the City of St. See Missouri Laws 369.014
• Course of conduct: two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitors, observes, surveils, threatens, or communicates to a person by any action, method, or device. See Missouri Laws 455.010
• Court: the circuit or associate circuit judge or a family court commissioner. See Missouri Laws 455.010
• CPA: the holder of a certificate or license as defined in this section. See Missouri Laws 326.256
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit sales contracts: a conditional grain sales contract wherein payment and/or pricing of the grain is deferred to a later date. See Missouri Laws 411.026
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Current liabilities: obligations reasonably expected to be liquidated within one year and the liquidation of which is expected to require the use of existing resources, properly classified as current assets, or the creation of additional liabilities. See Missouri Laws 411.026
• Custody: means joint legal custody, sole legal custody, joint physical custody or sole physical custody or any combination thereof. See Missouri Laws 452.375
• Customer-owned pay telephone: a privately owned telecommunications device that is not owned, leased or otherwise controlled by a local exchange telecommunications company and which provides telecommunications services for a use fee to the general public. See Missouri Laws 386.020
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deferred pricing agreement: a conditional grain sales transaction wherein no price has been established on the grain, the seller retains the right to price the grain later at a mutually agreed-upon method of price determination. See Missouri Laws 411.026
• Delegates: those persons elected or appointed to vote in a representative assembly for the election of a director or directors or on other matters. See Missouri Laws 355.066
• Deliver: includes mail. See Missouri Laws 355.066
• Delivery: the voluntary physical transfer of grain from one person to another. See Missouri Laws 411.026
• Demand deposits: means deposits, payment of which can legally be required as provided in federal law and regulation. See Missouri Laws 362.010
• Dental assistant: an employee of a duly registered and currently licensed dentist in Missouri, other than either a dental hygienist or a certified dental assistant. See Missouri Laws 332.011
• Department: the Missouri state department of agriculture. See Missouri Laws 414.012
• Department: the department of commerce and insurance. See Missouri Laws 374.005
• Department: the department of commerce and insurance. See Missouri Laws 375.001
• Department: the department of commerce and insurance. See Missouri Laws 376.005
• Department: the department of commerce and insurance. See Missouri Laws 377.005
• Department: the department of commerce and insurance. See Missouri Laws 379.005
• Department: the department of commerce and insurance. See Missouri Laws 380.005
• Department: the department of commerce and insurance. See Missouri Laws 383.005
• Department: the Missouri department of agriculture. See Missouri Laws 411.026
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depositor: any person who deposits grain in a warehouse for storage, handling, shipment, processing, or who is the owner or holder of a warehouse receipt, or who is otherwise lawfully entitled to possession of the grain. See Missouri Laws 411.026
• Design coordination: the review and coordination of technical submissions prepared by others including, as appropriate and without limitation, architects, professional engineers, professional land surveyors, professional landscape architects, and other consultants. See Missouri Laws 327.011
• Designated representative: an employee or official of the department designated by the director to assist in the administration and enforcement of the Missouri grain warehouse law. See Missouri Laws 411.026
• Devise: To gift property by will.
• Diagnostic pharmaceutical agents: topically applied pharmaceuticals used for the purpose of conducting an examination of the eye, adnexa, and vision. See Missouri Laws 336.010
• Diesel fuel: refined oils commonly used in internal combustion engines where ignited by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials (ASTM). See Missouri Laws 414.012
• direction: shall mean guidance or supervision provided by a person licensed by a state regulatory board to prescribe medications and treatments or a registered professional nurse, including, but not limited to, oral, written, or otherwise communicated orders or directives for patient care. See Missouri Laws 335.016
• Director: the director of agriculture of the Missouri state department of agriculture or his delegated representative. See Missouri Laws 414.012
• Director: the office of the director of the division of finance. See Missouri Laws 364.020
• Director: the director of the department of commerce and insurance. See Missouri Laws 374.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 375.001
• Director: the director of the department of commerce and insurance. See Missouri Laws 376.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 377.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 378.604
• Director: the director of the department of commerce and insurance. See Missouri Laws 379.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 380.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 383.005
• Director: the director of the department of commerce and insurance. See Missouri Laws 384.015
• Director: the director of the Missouri department of agriculture or his designated representative. See Missouri Laws 411.026
• Director of the division of finance: the chief officer of the division of finance. See Missouri Laws 369.014
• Directors: individuals, designated in the articles or bylaws or elected by the incorporator or incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Missouri Laws 355.066
• 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:
• Distribution: the payment of a dividend or any part of the income or profit of a corporation to its members, directors or officers. See Missouri Laws 355.066
• Dividend period: means the period from the date as of which the last dividend of any corporation to which this chapter is applicable was declared to the date selected for the declaration of the next dividend. See Missouri Laws 362.010
• Division: the division of motor carrier and railroad safety of the department of transportation. See Missouri Laws 390.020
• Docket: A log containing brief entries of court proceedings.
• Documents of title: include negotiable and nonnegotiable warehouse receipts, scale tickets, and other documents which are issued in the regular course of a warehouseman's business, and which adequately evidence that the possessor is entitled to receive, hold, and dispose of the goods it covers. See Missouri Laws 411.026
• domestic corporation: includes corporations organized under this chapter or subject to some or all of the provisions of this chapter except a foreign corporation. See Missouri Laws 351.015
• Domestic corporation: a Missouri corporation. See Missouri Laws 355.066
• domestic limited partnership: a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners. See Missouri Laws 359.011
• Domestic surplus lines insurer: a nonadmitted insurer that is domiciled in this state with which a surplus lines licensee may place only surplus lines insurance. See Missouri Laws 384.015
• Domestic violence: abuse or stalking committed by a family or household member, as such terms are defined in this section. See Missouri Laws 455.010
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Dower: A widow
• Earnings: that part of the net income of an association which is payable to or credited to the owners of accounts. See Missouri Laws 369.014
• Elderly: any person who is sixty years of age or older. See Missouri Laws 390.063
• Electric plant: includes all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power. See Missouri Laws 386.020
• Electrical corporation: includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, other than a railroad, light rail or street railroad corporation generating electricity solely for railroad, light rail or street railroad purposes or for the use of its tenants and not for sale to others, owning, operating, controlling or managing any electric plant except where electricity is generated or distributed by the producer solely on or through private property for railroad, light rail or street railroad purposes or for its own use or the use of its tenants and not for sale to others. See Missouri Laws 386.020
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Eligible surplus lines insurer: a nonadmitted insurer with which a surplus lines licensee may place surplus lines insurance. See Missouri Laws 384.015
• Embalmer: any individual licensed to engage in the practice of embalming. See Missouri Laws 333.011
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: domestic corporations and foreign corporations, business corporations and foreign business corporations, for-profit and nonprofit unincorporated associations, business trusts, estates, partnerships, trusts, and two or more persons having a joint or common economic interest, and a state, the United States, and foreign governments. See Missouri Laws 355.066
• Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Event of withdrawal of a general partner: an event that causes a person to cease to be a general partner as provided in section 359. See Missouri Laws 359.011
• 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.
• Ex officio: Literally, by virtue of one's office.
• Ex parte order of protection: an order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it. See Missouri Laws 455.010
• Exchange: a geographical area for the administration of telecommunications services, established and described by the tariff of a telecommunications company providing basic local telecommunications service. See Missouri Laws 386.020
• Exchange access service: a service provided by a local exchange telecommunications company which enables a telecommunications company or other customer to enter and exit the local exchange telecommunications network in order to originate or terminate interexchange telecommunications service. See Missouri Laws 386.020
• Executive director: a qualified individual employed by the board as executive secretary or otherwise to administer the provisions of this chapter under the board's direction. See Missouri Laws 335.016
• Executor: A male person named in a will to carry out the decedent
• Executor: includes administrator where the subject matter applies to an administrator. See Missouri Laws 1.020
• Exempt commercial purchaser: any person purchasing commercial insurance that, at the time of placement, meets the following requirements:

  (a) The person employs or retains a qualified risk manager to negotiate insurance coverage. See Missouri Laws 384.015

• Expanded-functions dental assistant: any dental assistant who has passed a basic dental assisting skills mastery examination or a certified dental assistant, either of whom has successfully completed a board-approved expanded-functions course, passed a competency examination, and has obtained a permit authorizing them to perform expanded-functions duties from the Missouri dental board. See Missouri Laws 332.011
• Expanded-functions duties: reversible acts that would be considered the practice of dentistry as defined in section 332. See Missouri Laws 332.011
• Export: to place surplus lines insurance with a nonadmitted insurer. See Missouri Laws 384.015
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Eye: the human eye. See Missouri Laws 336.010
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• 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.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• federal savings association: an association chartered by the Office of Thrift Supervision or any successor thereto as provided in section 5 of the Home Owners Loan Act of 1933, as amended. See Missouri Laws 369.014
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• File: "filed" or "filing", filed in the office of the secretary of state. See Missouri Laws 355.066
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Financing institution: a person engaged in the business of purchasing or otherwise acquiring retail time contracts or accounts under retail charge agreements from one or more sellers. See Missouri Laws 364.020
• fire protection district: is a political subdivision which is organized and empowered to supply protection by any available means to persons and property against injuries and damage from fire and from hazards which do or may cause fire, and which is also empowered to render first aid for the purpose of saving lives, and to give assistance in the event of an accident or emergency of any kind. See Missouri Laws 321.010
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Flammable liquids: those liquids as defined by the most current issue of Booklet 30 of the National Fire Protection Association entitled Flammable and Combustible Liquid Code. See Missouri Laws 414.012
• 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
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign association: any association or federal association with its principal office located outside Missouri. See Missouri Laws 369.014
• Foreign corporation: means a corporation for profit organized under laws other than the laws of this state. See Missouri Laws 351.015
• Foreign corporation: a corporation organized under a law other than the laws of this state which would be a nonprofit corporation if formed under the laws of this state. See Missouri Laws 355.066
• Foreign holding company: any company or corporation authorized or existing under the laws of any jurisdiction or authority other than Missouri which directly or indirectly controls a foreign association. See Missouri Laws 369.014
• Foreign limited partnership: a partnership formed under the laws of any country or of any state other than this state and having as partners one or more general partners and one or more limited partners. See Missouri Laws 359.011
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Full order of protection: an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard. See Missouri Laws 455.010
• funding agreement: means an agreement for an insurer to accept and accumulate funds and to make one or more payments at future dates in amounts that are not based on mortality or morbidity contingencies of the person to whom the funding agreement is issued. See Missouri Laws 376.2080
• Funeral director: any individual licensed to engage in the practice of funeral directing. See Missouri Laws 333.011
• Funeral establishment: a building, place, crematory, or premises devoted to or used in the care and preparation for burial or transportation of the human dead and includes every building, place or premises maintained for that purpose or held out to the public by advertising or otherwise to be used for that purpose. See Missouri Laws 333.011
• Funeral merchandise: caskets, grave vaults, receptacles, and other personal property incidental to the final disposition of a dead human body, including grave markers, monuments, tombstones, and urns. See Missouri Laws 333.011
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gas corporation: includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any gas plant operating for public use under privilege, license or franchise now or hereafter granted by the state or any political subdivision, county or municipality thereof. See Missouri Laws 386.020
• Gas plant: includes all real estate, fixtures and personal property owned, operated, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas, natural or manufactured, for light, heat or power. See Missouri Laws 386.020
• Gasoline: a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines. See Missouri Laws 414.012
• Gasoline-alcohol blend: a blend consisting primarily of gasoline and a substantial amount of one or more alcohols. See Missouri Laws 414.012
• General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
• General partner: a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See Missouri Laws 359.011
• Generally accepted accounting principles: the conventions, rules and procedures necessary to define accepted accounting practice, which include broad guidelines of general application as well as detailed practices and procedures generally accepted by the accounting profession, and which have substantial authoritative support from the American Institute of Certified Public Accountants. See Missouri Laws 411.026
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grain: all grains for which standards have been established under the United States Grain Standards Act (Sections 71 to 87 of Title 7, United States Code), and any other agricultural commodities, seeds and vegetable oils prescribed by the director by regulation, except the term "grain" shall not include those commodities deemed not to be grain pursuant to section 411. See Missouri Laws 411.026
• Grain inspector: a warehouseman or a person employed by the warehouseman to inspect, grade or sign warehouse receipts for grain stored or to be stored in a warehouse licensed under this chapter. See Missouri Laws 411.026
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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 chapter 475. See Missouri Laws 1.020
• Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475. See Missouri Laws 1.020
• Hair braider: any person who, for compensation, engages in the practice of hair braiding. See Missouri Laws 329.010
• Hair braiding: in accordance with the requirements of section 329. See Missouri Laws 329.010
• Hairdresser: any person who, for compensation, engages in the practice of cosmetology as defined in paragraph (a) of subdivision (5) of this section. See Missouri Laws 329.010
• Handicap: means a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, or disease, and where the impairment is verified by medical findings. See Missouri Laws 1.020
• Handicapped: any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation. See Missouri Laws 390.063
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Heating company: includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling, for distribution, or distributing hot or cold water, steam or currents of hot or cold air for motive power, heating, cooking, or for any public use or service, in any city, town or village in this state. See Missouri Laws 386.020
• hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
• Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
• Home office: the location named in the articles of incorporation or the new location in place thereof approved by the director of the division of finance. See Missouri Laws 369.014
• home state: means , with respect to an insured:

  a. See Missouri Laws 384.015

• Household goods: personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling. See Missouri Laws 390.020
• household member: spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time. See Missouri Laws 455.010
• human foot: includes the ankle and the tendons which insert into the foot as well as the foot. See Missouri Laws 330.010
• Impaired condition: the inability of an association to pay its debts as they become due in the usual course of its business. See Missouri Laws 369.014
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In vacation: includes any adjournment of court for more than one day whenever any act is authorized to be done by or any power given to a court, or judge thereof in vacation, or whenever any act is authorized to be done by or any power given to a clerk of any court in vacation. See Missouri Laws 1.020
• Incidental practice: the performance of other professional services licensed under this chapter that are related to a licensee's professional service, but are secondary and substantially less in scope and magnitude when compared to the professional services usually and normally performed by the licensee practicing in their licensed profession. See Missouri Laws 327.011
• Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
• Incorporator: means a signer of the original articles of incorporation. See Missouri Laws 351.015
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: a natural person. See Missouri Laws 355.066
• information: means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. See Missouri Laws 386.020
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insolvency: either, or both of the following:

  (a) An excess of liabilities over assets. See Missouri Laws 411.026

• Instructor: any person who is licensed to teach cosmetology or any practices of cosmetology pursuant to this chapter. See Missouri Laws 329.010
• Insured association: an association the accounts of which are insured, fully or in part, as provided in this chapter. See Missouri Laws 369.014
• Insurer: all insurance companies, reciprocals, or interinsurance exchanges transacting the business of insurance in this state. See Missouri Laws 375.001
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interchangeable biological product: a biological product that the Food and Drug Administration:

  (a) Has licensed and determined meets the standards for interchangeability under 42 U. See Missouri Laws 338.085

• Interconnected voice over internet protocol service: service that:

  (a) Enables real-time, two-way voice communications. See Missouri Laws 386.020

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested person: any person having a contractual or other financial interest in grain stored in a warehouse licensed or required to be licensed under this chapter. See Missouri Laws 411.026
• Interested shares: means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation in the election of directors:

  (a) An acquiring person or member of a group with respect to a control share acquisition. See Missouri Laws 351.015

• Interexchange telecommunications company: any company engaged in the provision of interexchange telecommunications service. See Missouri Laws 386.020
• Interexchange telecommunications service: telecommunications service between points in two or more exchanges. See Missouri Laws 386.020
• InterLATA: interexchange telecommunications service between points in different local access and transportation areas. See Missouri Laws 386.020
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Interstate commerce: commerce between a point in this state and a point outside this state, or between points outside this state when such commerce moves through this state whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other regulated means of transportation where the commodity does not come to rest or change its identity during the movement. See Missouri Laws 390.020
• Intestate: Dying without leaving a will.
• IntraLATA: interexchange telecommunications service between points within the same local access and transportation area. See Missouri Laws 386.020
• Intrastate commerce: commerce moving wholly between points within this state, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other means of transportation. See Missouri Laws 390.020
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Issuing public corporation: unless the articles of incorporation provide otherwise as to the applicability of this section, means a corporation that has a class of voting stock registered with the securities and exchange commission under Section 12 of the Exchange Act and is either (a) a corporation incorporated under the laws of the state of Missouri, or, (b) subdivision (2) of section 351. See Missouri Laws 351.015
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint legal custody: means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. See Missouri Laws 452.375
• Joint physical custody: means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. See Missouri Laws 452.375
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Kerosene: a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials (ASTM). See Missouri Laws 414.012
• Kind of insurance: one of the types of insurance required to be reported in the annual statement which must be filed with the director by admitted insurers. See Missouri Laws 384.015
• Lapsed license status: as defined by rule under section 335. See Missouri Laws 335.016
• LATA: contiguous geographic area approved by the U. See Missouri Laws 386.020
• Laws: the society's articles of incorporation, constitution and bylaws, however designated. See Missouri Laws 378.604
• 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}
• Legacy: A gift of property made by will.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: a license issued under section 326. See Missouri Laws 326.256
• Licensed warehouse: a warehouse for which the department has issued a license to operate as a public warehouse in accordance with the provisions of this chapter. See Missouri Laws 411.026
• Licensed warehouseman: a warehouseman who owns or operates a warehouse licensed under the provisions of this chapter. See Missouri Laws 411.026
• Licensee: the holder of a license as defined in this section. See Missouri Laws 326.256
• Licensee: a person licensed to practice any profession regulated under this chapter or a corporation authorized to practice any such profession. See Missouri Laws 327.011
• Licensure: the issuing of a license to practice professional or practical nursing to candidates who have met the specified requirements and the recording of the names of those persons as holders of a license to practice professional or practical nursing. See Missouri Laws 335.016
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Light rail: includes every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, stations, used in connection with the operation of light rail. See Missouri Laws 386.020
• Limited partner: a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See Missouri Laws 359.011
• Line: includes route. See Missouri Laws 386.020
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• loan and investment company: as used in this chapter means any corporation formed under the provisions of this chapter. See Missouri Laws 368.010
• Local exchange telecommunications company: any company engaged in the provision of local exchange telecommunications service. See Missouri Laws 386.020
• Local exchange telecommunications service: telecommunications service between points within an exchange. See Missouri Laws 386.020
• local voice service: shall mean two-way voice service capable of receiving calls from a provider of basic local telecommunications services as defined by subdivision (4) of section 386. See Missouri Laws 392.245
• Lodge: subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. See Missouri Laws 378.604
• Long-run incremental cost: the change in total costs of the company of producing an increment of output in the long run when the company uses least cost technology, and excluding any costs that, in the long run, are not brought into existence as a direct result of the increment of output. See Missouri Laws 386.020
• Long-term care facility: any residential care facility, assisted living facility, intermediate care facility or skilled nursing facility, as defined in section 198. See Missouri Laws 344.010
• Low vision care: the examination, treatment, and management of patients with visual impairments not treatable by conventional eyewear or contact lenses and may include a vision rehabilitation program to enhance remaining vision skills. See Missouri Laws 336.010
• Manager: a manager of a limited liability company. See Missouri Laws 326.256
• Manicurist: any person who, for compensation, engages in any or all of the practices in paragraph (b) of subdivision (5) of this section. See Missouri Laws 329.010
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Member: a person owning an account of a mutual association or a person borrowing from or assuming or obligated upon or owning property securing a loan held by a mutual association. See Missouri Laws 369.014
• Member: a member of a limited liability company. See Missouri Laws 326.256
• Member: means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. See Missouri Laws 394.020
• Member: without regard to what a person is called in the articles or bylaws, any person or persons who on more than one occasion, pursuant to a provision of a corporation's articles or bylaws, have the right to vote for the election of a director or directors. See Missouri Laws 355.066
• Membership: the rights and obligations a member or members have pursuant to a corporation's articles, bylaws and this chapter. See Missouri Laws 355.066
• minor: shall be construed as meaning any person who is less than eighteen years of age. See Missouri Laws 442.010
• Minority leader: See Floor Leaders
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor carrier: any person engaged in the transportation of property or passengers, or both, for compensation or hire, over the public roads of this state by motor vehicle. See Missouri Laws 390.020
• Motor fuel: any liquid product used for the generation of power in an internal combustion engine. See Missouri Laws 414.012
• Motor vehicle: any vehicle, truck, truck-tractor, trailer, or semitrailer, motor bus or any self-propelled vehicle used upon the highways of the state in the transportation of property or passengers. See Missouri Laws 390.020
• Municipality: includes a city, village or town. See Missouri Laws 386.020
• Mutual association: an association not having capital stock. See Missouri Laws 369.014
• Mutual benefit corporation: a domestic corporation which is formed as a mutual benefit corporation pursuant to sections 355. See Missouri Laws 355.066
• NASBA: the National Association of State Boards of Accountancy. See Missouri Laws 326.256
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Net assets: for the purpose of determining the right of a corporation to purchase its own shares and of determining the right of a corporation to declare and pay dividends and the liabilities of directors therefor, shall not include shares of its own stock belonging to a corporation. See Missouri Laws 351.015
• Net earnings: means the excess of gross earnings of any corporation to which this chapter is applicable over expenses and losses chargeable against the earnings during any dividend period. See Missouri Laws 362.010
• 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.
• Nonadmitted insurance: any property and casualty insurance permitted to be placed directly or through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance. See Missouri Laws 384.015
• Nonadmitted insurer: an insurer not licensed to do an insurance business in this state, including insurance exchanges authorized under the laws of other states, but does not include a risk retention group, as that term is defined in the Liability Risk Retention Act of 1986 (15 U. See Missouri Laws 384.015
• Noncompetitive telecommunications company: a telecommunications company other than a competitive telecommunications company or a transitionally competitive telecommunications company. See Missouri Laws 386.020
• Noncompetitive telecommunications service: a telecommunications service other than a competitive or transitionally competitive telecommunications service. See Missouri Laws 386.020
• Nonpayment of premium: failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on the policy, or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See Missouri Laws 375.001
• Nonrenewal: the determination of an insurer not to issue or deliver a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer or a certificate or notice extending the term of a policy beyond its policy period or term. See Missouri Laws 375.001
• Nursing home: any institution or facility defined as an assisted living facility, residential care facility, intermediate care facility, or skilled nursing facility for licensing purposes by section 198. See Missouri Laws 344.010
• Nursing home administrator: a person who administers, manages, supervises, or is in general administrative charge of a nursing home, whether such individual has an ownership interest in the home, and whether his functions and duties are shared with one or more individuals. See Missouri Laws 344.010
• 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.
• Office: any place at which business of the association is conducted on a regular and continuing basis. See Missouri Laws 369.014
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Operator services: operator-assisted interexchange telecommunications service by means of either human or automated call intervention and includes, but is not limited to, billing or completion of calling card, collect, person-to-person, station-to-station or third number billed calls. See Missouri Laws 386.020
• Operator services contract: any agreement between a traffic aggregator and a certificated interexchange telecommunications company to provide operator services at a traffic aggregator location. See Missouri Laws 386.020
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• order: as used in this chapter shall include a formal administrative direction or command of the director issued under this section or in any contested case subject to the provisions of section 536. See Missouri Laws 374.046
• Order of protection: either an ex parte order of protection or a full order of protection. See Missouri Laws 455.010
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Paid-in surplus: means all that part of the consideration received by the corporation for, or on account of, all shares issued which does not constitute stated capital minus such formal reductions from said sum as may have been effected in a manner permitted by this chapter. See Missouri Laws 351.015
• Partner: a limited or general partner. See Missouri Laws 359.011
• Partnership: any partnership or limited liability partnership. See Missouri Laws 327.011
• 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.
• Partnership agreement: any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See Missouri Laws 359.011
• Partnership interest: a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See Missouri Laws 359.011
• Party: any person admitted as a party to a division proceeding or seeking and entitled as a matter of right to admission to a division proceeding. See Missouri Laws 390.020
• PCAOB: the Public Company Accounting Oversight Board. See Missouri Laws 326.256
• Peer review: a study, appraisal or review of one or more aspects of the professional work of a licensee or certified public accounting firm that performs attest or compilation services, by licensees who are not affiliated either personally or through their certified public accounting firm being reviewed pursuant to the Standards for Performing and Reporting on Peer Reviews promulgated by the AICPA or such other standard adopted by regulation of the board which meets or exceeds the AICPA standards. See Missouri Laws 326.256
• Pending: exists or for which a hearing date has been set. See Missouri Laws 455.010
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Permit: a permit to practice as a certified public accounting firm issued under section 326. See Missouri Laws 326.256
• Permit: a permit issued under the provisions of this chapter to a contract carrier to engage in intrastate or interstate commerce or to a common carrier to engage in interstate commerce. See Missouri Laws 390.020
• Person: a natural person, partnership, limited partnership (domestic or foreign), domestic or foreign limited liability company, trust, estate, association, or corporation. See Missouri Laws 359.011
• Person: an individual, partnership, corporation, association, and any other group however organized. See Missouri Laws 364.020
• Person: both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, firms, societies, and associations. See Missouri Laws 414.012
• Person: any individual, corporation, entity, voting trust, business trust, partnership, association, syndicate, or organized group of persons whether incorporated or not. See Missouri Laws 369.014
• person: as used in this chapter shall include any individual, partnership, corporation, association or trust, or any other legal entity. See Missouri Laws 374.046
• Person: any individual, corporation, firm, partnership, association or other entity authorized to do business. See Missouri Laws 327.011
• Person: includes an individual, and a firm or copartnership. See Missouri Laws 386.020
• Person: any individual, partnership, corporation, cooperative, association, or other entity. See Missouri Laws 333.011
• person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
• Person: includes , without limitation, an individual, a foreign or domestic corporation whether not for profit or for profit, a partnership, a limited liability company, an unincorporated society or association, two or more persons having a joint or common interest, or any other entity. See Missouri Laws 351.015
• Person: any individual or other legal entity, whether such entity is a proprietorship, partnership, corporation, company, association or joint-stock association, including the partners, officers, employees, and agents of the person, as well as any trustees, assignees, receivers, or personal representatives of the person. See Missouri Laws 390.020
• Person: includes any individual or entity. See Missouri Laws 355.066
• Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See Missouri Laws 394.020
• Person: means and includes any individual, firm, partnership, exchange, association, trustee, receiver, corporation, cooperative, society, public body, political subdivision, or any other business or commercial entity or organization of any kind whatsoever, and any member, officer or employee thereof. See Missouri Laws 411.026
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
• Pet: a living creature maintained by a household member for companionship and not for commercial purposes. See Missouri Laws 455.010
• Petitioner: a family or household member who has been a victim of domestic violence, or any person who has been the victim of stalking or sexual assault, or a person filing on behalf of a child pursuant to section 455. See Missouri Laws 455.010
• Pharmaceutical agents: any diagnostic and therapeutic drug or combination of drugs that assist the diagnosis, prevention, treatment, or mitigation of abnormal conditions or symptoms of the human eye, adnexa, and vision. See Missouri Laws 336.010
• Place of residence: means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges. 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Policy: a contract of insurance providing fire and extended coverage insurance, whether separately or in combination with other coverages, on owner-occupied habitational property not exceeding two families. See Missouri Laws 375.001
• Population: means population as determined by the last state or federal enumeration. See Missouri Laws 362.010
• 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}
• practical nurse: a person licensed pursuant to the provisions of this chapter to engage in the practice of practical nursing. See Missouri Laws 335.016
• Practical nursing: the performance for compensation of selected acts for the promotion of health and in the care of persons who are ill, injured, or experiencing alterations in normal health processes. See Missouri Laws 335.016
• Practice of embalming: the work of preserving, disinfecting and preparing by arterial embalming, including the chemical preparation of a dead human body for disposition. See Missouri Laws 333.011
• Practice of funeral directing: engaging by an individual in the business of preparing, otherwise than by embalming, for the burial, disposal or transportation out of this state of, and the directing and supervising of the burial or disposal of, dead human bodies or engaging in the general control, supervision or management of the operations of a funeral establishment. See Missouri Laws 333.011
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premiums: premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate. See Missouri Laws 378.604
• Preneed agent: any person authorized to sell a preneed contract for or on behalf of a seller. See Missouri Laws 333.011
• Prepaid telecommunications service: shall mean a local service for which payment is made in advance that excludes access to operator assistance and long distance service. See Missouri Laws 392.245
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• price cap regulation: shall mean establishment of maximum allowable prices for telecommunications services offered by an incumbent local exchange telecommunications company, which maximum allowable prices shall not be subject to increase except as otherwise provided in this section. See Missouri Laws 392.245
• Principal office: the office, in or out of this state, so designated in the corporate registration report filed pursuant to section 355. See Missouri Laws 355.066
• Principal place of business: the office location designated by the licensee for purposes of substantial equivalency and reciprocity. See Missouri Laws 326.256
• Private carrier: any person engaged in the transportation of property or passengers by motor vehicle upon public highways, but not as a common or contract carrier by motor vehicle. See Missouri Laws 390.020
• Private shared tenant services: includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises as authorized by the commission by a commercial-shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of local exchange telecommunications companies and to interexchange telecommunications companies. See Missouri Laws 386.020
• Private telecommunications system: a telecommunications system controlled by a person or corporation for the sole and exclusive use of such person, corporation or legal or corporate affiliate thereof. See Missouri Laws 386.020
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes civil suits and criminal, administrative, and investigatory actions. See Missouri Laws 355.066
• Producing broker: the individual broker or agent dealing directly with the party seeking insurance. See Missouri Laws 384.015
• Professional: arising out of or related to the specialized knowledge or skills associated with certified public accountants. See Missouri Laws 326.256
• Professional engineer: any person authorized pursuant to the provisions of this chapter to practice as a professional engineer in Missouri, as the practice of engineering is defined in section 327. See Missouri Laws 327.011
• Professional land surveyor: any person authorized pursuant to the provisions of this chapter to practice as a professional land surveyor in Missouri as the practice of land surveying is defined in section 327. See Missouri Laws 327.011
• Professional landscape architect: any person authorized pursuant to the provisions of this chapter to practice as a professional landscape architect in Missouri as the practice of landscape architecture is defined in section 327. See Missouri Laws 327.011
• Professional nursing: the performance for compensation of any act which requires substantial specialized education, judgment and skill based on knowledge and application of principles derived from the biological, physical, social and nursing sciences, including, but not limited to:

  (a) Responsibility for the teaching of health care and the prevention of illness to the patient and his or her family. See Missouri Laws 335.016

• Property: includes real and personal property. See Missouri Laws 1.020
• Property carrier registration: a document issued by the division pursuant to sections 390. See Missouri Laws 390.250
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provider: the person designated or obligated to provide the final disposition, funeral, or burial services or facilities, or funeral merchandise described in a preneed contract. See Missouri Laws 333.011
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Public benefit corporation: a domestic corporation which is formed as a public benefit corporation pursuant to sections 355. See Missouri Laws 355.066
• Public highway: every public street, road, highway or thoroughfare of any kind used by the public, whether actually dedicated to the public. See Missouri Laws 390.020
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public utility: includes every pipeline corporation, gas corporation, electrical corporation, telecommunications company, water corporation, heating company or refrigerating corporation, and sewer corporation, as these terms are defined in this section, and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this chapter. See Missouri Laws 386.020
• Public warehouse: a warehouse used for the purpose of storing grain of owners other than the warehouseman, whether grain of the owners be commingled or whether identity of different lots be preserved, or a warehouse used for any purpose for which a license is required under section 411. See Missouri Laws 411.026
• Public warehouseman: any person owning or operating a public warehouse whether that owner or operator resides within the state or not. See Missouri Laws 411.026
• Qualified risk manager: shall have the same meaning prescribed in the Nonadmitted and Reinsurance Reform Act of 2010 (15 U. See Missouri Laws 384.015
• Quorum: The number of legislators that must be present to do business.
• Railroad: includes every railroad and railway, other than street railroad or light rail, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad. See Missouri Laws 386.020
• Railroad corporation: includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any railroad as defined in this section, or any cars or other equipment used thereon or in connection therewith. See Missouri Laws 386.020
• Rate: every individual or joint rate, fare, toll, charge, reconsigning charge, switching charge, rental or other compensation of any corporation, person or public utility, or any two or more such individual or joint rates, fares, tolls, charges, reconsigning charges, switching charges, rentals or other compensations of any corporation, person or public utility or any schedule or tariff thereof. See Missouri Laws 386.020
• real estate: shall be construed as coextensive in meaning with lands, tenements and hereditaments, and as embracing all chattels real and as including a manufactured home as defined in section 700. See Missouri Laws 442.010
• Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. ^{Source: OCC}
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receipt: a grain warehouse receipt, whether negotiable or nonnegotiable, issued under this chapter. See Missouri Laws 411.026
• Recess: A temporary interruption of the legislative business.
• Record date: the date established pursuant to sections 355. See Missouri Laws 355.066
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered limited liability limited partnership: a limited partnership complying with section 359. See Missouri Laws 359.011
• registered nurse: a person licensed pursuant to the provisions of this chapter to engage in the practice of professional nursing. See Missouri Laws 335.016
• Registered office: means that office maintained by the corporation in this state, the address of which is on file in the office of the secretary of state. See Missouri Laws 351.015
• Registered property carrier: a person who is entitled pursuant to subdivision (3) of this subsection to engage in the transportation by motor vehicle of property, except household goods, for hire or compensation in intrastate commerce on the public highways in this state. See Missouri Laws 390.250
• Regular route: a specific and determined course to be traveled by a motor carrier's vehicle rendering service to, from or between various points or localities in this state. See Missouri Laws 390.020
• 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.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: when used with reference to any attest or compilation service, means an opinion, report or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements, and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. See Missouri Laws 326.256
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resale of telecommunications service: the offering or providing of telecommunications service primarily through the use of services or facilities owned or provided by a separate telecommunications company, but does not include the offering or providing of private shared tenant services. See Missouri Laws 386.020
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reserves on deposit: means the reserves against deposits maintained by any corporation pursuant to this chapter in reserve depositaries, or in a federal reserve bank of which the corporation is a member, and not in excess of the amount authorized by this chapter. See Missouri Laws 362.010
• Reserves on hand: means the reserves against deposits kept in the vault of any individual or corporation pursuant to the provisions of this chapter. See Missouri Laws 362.010
• Resident: a full-time resident of a long-term care facility or residential care facility. See Missouri Laws 355.066
• Respondent: the family or household member alleged to have committed an act of domestic violence, or person alleged to have committed an act of stalking or sexual assault, against whom a verified petition has been filed or a person served on behalf of a child pursuant to section 455. See Missouri Laws 455.010
• Responsible charge: the independent direct control of a licensee's work and personal supervision of such work pertaining to the practice of architecture, engineering, land surveying, or landscape architecture. See Missouri Laws 327.011
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• rules: rules, regulations and standards promulgated pursuant to this chapter by the director. See Missouri Laws 411.026
• Rules: all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Missouri Laws 378.604
• Rural area: shall be deemed to mean any area of the United States not included within the boundaries of any city, town or village having a population in excess of sixteen hundred inhabitants, and such term shall be deemed to include both the farm and nonfarm population thereof. See Missouri Laws 394.020
• school of manicuring: an establishment operated for the purpose of teaching cosmetology as defined in subdivision (5) of this section. See Missouri Laws 329.010
• Secretary: the corporate officer to whom the board of directors has delegated responsibility pursuant to subsection 2 of section 355. See Missouri Laws 355.066
• Security instrument: as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. See Missouri Laws 443.005
• Security instrument: mortgage, deed of trust, or other instrument in which real or personal property is security for a debt. See Missouri Laws 369.014
• Seller: the person who executes a preneed contract with a purchaser and who is obligated under such preneed contract to remit payment to the provider. See Missouri Laws 333.011
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Service: includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or public utility and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or public utility in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or public utility, and to the use and accommodation of consumers or patrons. See Missouri Laws 386.020
• 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.
• Sewer corporation: includes every corporation, company, association, joint stock company or association, partnership or person, their lessees, trustees or receivers appointed by any court, owning, operating, controlling or managing any sewer system, plant or property, for the collection, carriage, treatment, or disposal of sewage anywhere within the state for gain, except that the term shall not include sewer systems with fewer than twenty-five outlets. See Missouri Laws 386.020
• Sewer system: includes all pipes, pumps, canals, lagoons, plants, structures and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the collection, carriage, treatment and disposal of sewage for municipal, domestic or other beneficial or necessary purpose. See Missouri Laws 386.020
• Sexual assault: causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent. See Missouri Laws 455.010
• Shareholder: means one who is a holder of record of shares in a corporation. See Missouri Laws 351.015
• Society: a fraternal benefit society, unless otherwise indicated. See Missouri Laws 378.604
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Stalking: is when any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the order of protection when it is reasonable in that person's situation to have been alarmed by the conduct. See Missouri Laws 455.010
• State: a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Missouri Laws 359.011
• State: any state of the United States, the District of Columbia, Puerto Rico, the U. See Missouri Laws 326.256
• 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
• State: when referring to a part of the United States, includes a state or commonwealth, and its agencies and governmental subdivisions, and any territory or insular possession, and its agencies and governmental subdivisions, of the United States. See Missouri Laws 355.066
• state board: the state board of nursing. See Missouri Laws 335.016
• Stated capital: means at any particular time the sum of:

  (a) The par value of all shares then issued having a par value. See Missouri Laws 351.015

• 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.
• Stockholder: unless otherwise qualified, means a person who appears by the books of a stock corporation to be the owner and holder of one or more shares of the stock of the corporation. See Missouri Laws 362.010
• Stockholder: a person owning capital stock of a capital stock association. See Missouri Laws 369.014
• stored grain: any grain received in a warehouse, including grain bank grain, unless sold in accordance with the provisions of section 411. See Missouri Laws 411.026
• Street railroad: includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto by whatsoever type of vehicle operated, for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith but this term shall not include light rail as defined in this section. See Missouri Laws 386.020
• student: a person who is engaged in training within a cosmetology establishment or school, and while so training performs any of the practices of the classified occupations within this chapter under the immediate direction and supervision of a licensed cosmetologist or instructor. See Missouri Laws 329.010
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscriber: means one who subscribes for shares in a corporation, whether before or after incorporation. See Missouri Laws 351.015
• substantially equivalent: a determination by the board of accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to or exceed the education, examination and experience requirements contained in this chapter or that an individual certified public accountant's education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in this chapter. See Missouri Laws 326.256
• Summons: Another word for subpoena used by the criminal justice system.
• Surplus: means the excess of assets over liabilities including liability to stockholders. See Missouri Laws 362.010
• Surplus: funds over and above liabilities and capital of the company for the protection of policyholders. See Missouri Laws 384.015
• Surplus fund: means a fund created pursuant to the provisions of this chapter by a bank or trust company from its net earnings or undivided profits, which to the amount specified in this chapter is not available for the payment of dividends and cannot be used for the payment of expenses or losses so long as any corporation has undivided profits. See Missouri Laws 362.010
• Surplus lines insurance: any insurance of risks resident, located or to be performed in this state, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, and life and health insurance and annuities. See Missouri Laws 384.015
• Surplus lines licensee: a person licensed to place insurance on risks resident, located or to be performed in this state with nonadmitted insurers eligible to accept such insurance. See Missouri Laws 384.015
• Taxicab: any motor vehicle performing a bona fide for-hire taxicab service having a capacity of not more than five passengers, exclusive of the driver, and not operated on a regular route or between fixed termini. See Missouri Laws 390.020
• Telecommunications company: includes telephone corporations as that term is used in the statutes of this state and every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any facilities used to provide telecommunications service for hire, sale or resale within this state. See Missouri Laws 386.020
• Telecommunications facilities: includes lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any telecommunications company to facilitate the provision of telecommunications service. See Missouri Laws 386.020
• Telecommunications service: the transmission of information by wire, radio, optical cable, electronic impulses, or other similar means. See Missouri Laws 386.020
• Telephone cooperative: every corporation defined as a telecommunications company in this section, in which at least ninety percent of those persons and corporations subscribing to receive local telecommunications service from the corporation own at least ninety percent of the corporation's outstanding and issued capital stock and in which no subscriber owns more than two shares of the corporation's outstanding and issued capital stock. See Missouri Laws 386.020
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Terminal warehouse: any warehouse where the department makes available official grain inspectors and official weighmasters on a full-time basis. See Missouri Laws 411.026
• Terminal warehouseman: the person owning or operating a terminal warehouse whether such owner or operator resides within the state or not. See Missouri Laws 411.026
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic pharmaceutical agents: those pharmaceuticals, excluding injectable agents, used for the treatment of conditions or diseases of the eye, adnexa, and vision. See Missouri Laws 336.010
• Third-party custody: means a third party designated as a legal and physical custodian pursuant to subdivision (5) of subsection 5 of this section. See Missouri Laws 452.375
• this state: means the state of Missouri. See Missouri Laws 326.256
• Time deposits: means all deposits, the payment of which cannot legally be required as provided in federal law and regulation. See Missouri Laws 362.010
• to renew: the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of the policy beyond its policy period or term. See Missouri Laws 375.001
• 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.
• Total reserves: means the aggregate of reserves on hand and reserves on deposit maintained pursuant to the provisions of this chapter. See Missouri Laws 362.010
• Traffic aggregator: any person, firm, partnership or corporation which furnishes a telephone for use by the public and includes, but is not limited to, telephones located in rooms, offices and similar locations in hotels, motels, hospitals, colleges, universities, airports and public or customer-owned pay telephone locations, whether or not coin operated. See Missouri Laws 386.020
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transitionally competitive telecommunications company: an interexchange telecommunications company which provides any noncompetitive or transitionally competitive telecommunications service, except for an interexchange telecommunications company which provides only noncompetitive telecommunications service. See Missouri Laws 386.020
• Transitionally competitive telecommunications service: a telecommunications service offered by a noncompetitive or transitionally competitive telecommunications company and classified as transitionally competitive by the commission pursuant to section 392. See Missouri Laws 386.020
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truckload lot: a lot or lots of freight tendered to a carrier by one consignor or one consignee for delivery at the direction of the consignor or consignee with the lot or lots being the only lot or lots transported on the motor vehicle at any one time. See Missouri Laws 390.020
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Under legal disability: includes persons within the age of minority or of unsound mind or imprisoned. See Missouri Laws 1.020
• Undivided profits: means the credit balance of the profit and loss account of any corporation to which this chapter is applicable. See Missouri Laws 362.010
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes such district and territories. See Missouri Laws 1.020
• United States: includes any agency of the United States. See Missouri Laws 355.066
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Violation: any act contrary to the provisions of this chapter or any failure by a person to act as required by the provisions of this chapter or regulations promulgated hereunder. See Missouri Laws 411.026
• Vision therapy: a treatment regiment to improve a patient's diagnosed visual dysfunctions, prevent the development of visual problems, or enhance visual performance to meet the defined needs of the patient. See Missouri Laws 336.010
• Vote: includes authorization by written ballot and written consent. See Missouri Laws 355.066
• voter: is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035
• Voting power: the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Missouri Laws 355.066
• Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020
• Warehouse: any building, structure or other enclosure in which grain is or may be stored and through which grain is or may be handled or shipped. See Missouri Laws 411.026
• Warehouse auditor: or "warehouse examiner" , or "inspector", any individual appointed under this chapter by the director to assist in the administration of the chapter. See Missouri Laws 411.026
• warehouseman: any person who owns, controls, operates or manages any warehouse whether such owner resides within the state or not. See Missouri Laws 411.026
• Water corporation: includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling or managing any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water. See Missouri Laws 386.020
• Withdrawal value: the amount deposited in an account in an association plus earnings credited thereto less lawful deductions therefrom. See Missouri Laws 369.014
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.