Bank & Trust Service of Process
Service of Legal Process
Process, in the context of service upon a state or federally chartered bank, a state or federally chartered trust company, or the Director of the Missouri Division of Finance consists of papers that operate to commence proceedings—i.e., writs, summonses, petitions, or orders whereby any suit, action, or proceeding shall be commenced. § 362.445.1, RSMo.
Process does NOT include subpoenas, motions, or any other filings in a pending lawsuit that are not described in the definition of “process” above.
Service under Missouri Banking and Trust Company Laws
Missouri banking and trust company laws do NOT require banks and trust companies operating in Missouri—whether under a Missouri charter, another state’s charter, or a federal charter—to appoint a registered Missouri service agent for the purpose of accepting process in Missouri. § 362.445.3, RSMo. Instead, banks and trust companies have the option to appoint a Missouri service agent, the appointment of which would be registered with the Division. § 362.445.3, RSMo.
Whether operating under a Missouri or a federal charter, banks and trust companies headquartered in Missouri have NOT appointed the Director of the Missouri Division of Finance to serve as their registered service agent.
If a bank or trust company has not appointed a Missouri service agent, process may be served “according to the Missouri Rules of Civil Procedure describing service of process for corporations.” § 362.445.2, RSMo. The Missouri Rules of Civil Procedure governing the service of process are located in Rule 54, including:
Service of Foreign Banks
Foreign banks chartered under the laws of a country outside the United States and that are licensed by the Director of Finance to operate a branch, agency, or representative office in Missouri have appointed the Director of Finance to accept service in any action or proceeding against them on causes of action arising out of transactions with any Missouri resident. See below for Location for Service.
Trust activities in Missouri by an Out-of-State Bank or Trust Company
Out-of-state banks and trust companies (other than federally chartered institutions) with no physical presence in Missouri, but that are seeking to conduct non-exempt trust activities in Missouri must comply with § 362.600, RSMo, and obtain a Certificate of Reciprocity (application here). In obtaining a Certificate of Reciprocity, an out-of-state bank or trust company must appoint the Director of Finance to accept service of process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the out-of-state bank or trust company acts in Missouri in any fiduciary capacity. § 362.600.8, RSMo. See below for Location for Service.
Location for Service upon Director under Banking and Trust Company Laws
Before attempting service, the Division recommends calling the Division’s Central Office (573-751-3242) to determine whether the Director of Finance is actually serving as the lawfully appointed service agent. In the event the Director of Finance has been lawfully appointed as a bank or trust company’s service agent, service may be made by mailing or delivering the papers to the Division as follows:
- By mail in compliance with Rule 54.16: addressed to Missouri Division of Finance, Central Office; P.O. Box 716; Jefferson City, MO 65102
- In person: at the Missouri Division of Finance, Central Office; Harry S. Truman State Office Building, Room 630; Jefferson City, MO 65101.
The Division of Finance will charge lawful fees for accepting service when the Director has been lawfully appointed to do so. Please call the Division’s Central Office (573-751-3242) to determine what fee might apply.