Section 408.675

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 1989   

  408.675.  Citation of law — definitions. — 1.  Sections 408.675 to 408.700 shall be known and may be cited as the "Missouri Right to Financial Privacy Act".

  2.  For the purposes of sections 408.675 to 408.700, the following terms mean:

  (1)  "Customer", any person or his authorized representative who utilized services of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in such person's name;

  (2)  "Financial institution", bank, savings and loan association, trust company, credit union, consumer credit lender, consumer finance institution, persons who act as lender on loans governed by sections 408.100 and 408.120 to 408.190, persons who are sellers under a retail time contract or retail time transactions governed by sections 408.250 to 408.370, and any other persons, including, but not limited to, stockbrokers and brokerage firms, which accept money for deposit to an account on which checks may be drawn by the owner of such account;

  (3)  "Financial record", an original, a copy, or information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution;

  (4)  "Government authority", any agency or department of the state of Missouri or any agent thereof;

  (5)  "Law enforcement inquiry", a lawful investigation, official proceeding, or grand jury proceeding relating to the commission of any crime;

  (6)  "Subpoena", a judicial subpoena, an administrative subpoena, or other process expressly authorized by law;

  (7)  "Supervisory agency", any agency or department of Missouri having statutory authority to examine the financial condition or business operations of a financial institution;

  (8)  "Government investigation", a lawful proceeding inquiring into a violation of any civil statute or any valid regulation, rule, or order issued pursuant thereto.

­­--------

(L. 1989 H.B. 82 §§ 1, 2)