Missouri § 376.945 - Escrow account, amount required — principal, how released, investment.

Full text of Missouri Revised Statutes of Missouri § 376.945 — Escrow account, amount required — principal, how released, investment., with citation guidance and answers to common questions.

§ 376.945. Escrow account, amount required — principal, how released, investment.

1.  The department shall, as a condition of the issuance of a certificate of authority pursuant to section 376.935, require that the provider establish a reserve of an amount equal to at least fifty percent of any entrance fee paid by the first occupant of a living unit under a life care contract.  The reserve shall be maintained by the provider on a current basis, in escrow with a bank, trust company, or other escrow agent approved by the department.  The entire amount of such reserve shall be amortized and earned by and available for release to the provider at the rate of one percent per month on the balance of the reserve, provided, however, that at no time shall the entrance fee reserve together with all interest earned thereon total less than an amount equal to one hundred percent of the annual long-term debt principal and interest payments of the provider applicable only to living units occupied under life care contracts.  Such portion of each entrance fee as is necessary to maintain the entrance fee reserve as set forth herein shall be paid to the reserve fund for the second and all subsequent occupancies of a living unit occupied under a life care contract.  The requirements of this subsection may be met in whole or in part by other reserve funds held for the purpose of meeting loan obligations, provided that the total amount equals or exceeds the amount required under this subsection.

2.  In addition, each provider shall establish and maintain separately for each facility, a reserve equal to not less than five percent of the facility's total outstanding balance of contractually obligated move-out refunds at the close of each fiscal year.

3.  All reserve funds held under subsection* 1 or 2 of this section shall be held in liquid assets consisting of federal government or other marketable securities, deposits, or accounts insured by the federal government.

4.  This section shall be applicable only to life care contracts executed for occupancy of living units constructed after September 28, 1981.

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(L. 1981 S.B. 84 § 7, A.L. 1988 H.B. 1709, A.L. 2020 H.B. 1682 merged with S.B. 599)

*Word "subsections" appears in original rolls of H.B. 1682, 2020.

---- end of effective  28 Aug 2020 ----

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Source: official Missouri text · Last verified 2026-08-27

Frequently Asked Questions About Missouri § 376.945

What does Revised Statutes of Missouri § 376.945 cover?

Section 376.945 ("Escrow account, amount required — principal, how released, investment.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Missouri § 376.945?

A common citation format is "Revised Statutes of Missouri § 376.945" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Missouri law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.

How does Missouri § 376.945 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.