2011 Missouri Revised Statutes
TITLE XXVI TRADE AND COMMERCE
Chapter 407 Merchandising Practices
Section 407.830. Franchisor's defenses against action by franchisee.
Franchisor's defenses against action by franchisee.
407.830. It shall be a defense for a motor vehicle franchisor, to any action brought under sections 407.810 to 407.835 by a motor vehicle franchisee, if it be shown that such motor vehicle franchisee has failed to substantially comply with reasonable and lawful requirements imposed by the franchise and other agreements ancillary or collateral thereto, or if the motor vehicle franchisee, or any of its officers, have been convicted of a felony relevant to business honesty or business practices, or if the motor vehicle franchisee has ceased conducting its business or has abandoned the franchise, or is insolvent as that term is defined in subdivision (23) of section 400.1-201, or has filed a voluntary petition in bankruptcy, or has made an assignment for benefit of creditors, or has been the subject of an involuntary proceeding under the federal bankruptcy act or under any state insolvency law which is not vacated within twenty days from the institution thereof, or there has been an appointment of a receiver or other officer having similar powers for the motor vehicle franchisee or the motor vehicle franchisee's business who is not removed within twenty days from his appointment, or there has been a levy under attachment, execution or similar process which is not within ten days vacated or removed by payment or bonding, and it shall be a defense to any action brought under sections 407.810 to 407.835 that the complained of conduct by a motor vehicle franchisor was undertaken in good faith in pursuit of rights or remedies accorded to a motor vehicle franchisor as a seller of goods or a holder of a security interest under the provisions of chapter 400.
(L. 1980 H.B. 1600 5)
Annotation Copyright Missouri Joint Committee on Legislative Research
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