382.010. As used in sections 382.010 to 382.300, the following words and terms have the meanings indicated unless the context clearly requires otherwise:
(1) An "affiliate" of, or person "affiliated" with, a specific person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified;
(2) The term "control", including the terms "controlling", "controlled by" and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with power to vote, or holds proxies representing, ten percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by section 382.170 that control does not exist in fact. The director may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect;
(3) The term "director" means the director of insurance, his deputies, or the department of insurance, as appropriate;
(4) An "insurance holding company system" consists of two or more affiliated persons, one or more of which is an insurer;
(5) The term "insurer" means an insurance company as defined in section 375.012, RSMo, including a reciprocal or interinsurance exchange, and which is qualified and licensed by the department of insurance of Missouri to transact the business of insurance in this state; but it shall not include any company organized and doing business under chapters 377, 378 or 380, RSMo;
(6) A "person" is an individual, corporation, partnership, association, joint stock company, business trust, unincorporated organization, or any similar entity, or any combination of the foregoing acting in concert, but is not any securities broker performing no more than the usual and customary broker's function;
(7) A "securityholder" of a specified person is one who owns any security of that person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing;
(8) A "subsidiary" of a specified person is an affiliate controlled by that person directly, or indirectly through one or more intermediaries;
(9) The term "voting security" includes any security convertible into or evidencing a right to acquire a voting security.
(L. 1971 S.B. 101 § 1)
Missouri General Assembly