PURPOSE: This rule describes the general organization and functions of the Office of the Secretary of State to comply with the requirements of section 536.023, RSMo (1994).

1. (1) The Office of the Secretary of State is divided into departments comprised of divisions and sections with separate but interrelated tasks. The Department of Governmental Services is comprised of the Elections division, the Records Management and Archives division, the Local Records division and the Commissions division. The Department of Administrative Services is comprised of the Accounting division, the Information Technology division, the Publications division, the Administrative Rules division and administrative support staff. The Department of Business Services is comprised of the Securities Division and the Corporations division including the Uniform Commercial Code section and the Franchise Tax section. The State Library department is comprised of the Library Development division, the Governmental Services division, the Publications/Special Projects division and the Wolfner Library for the Blind and Physically Handicapped. The following descriptions are arranged according to the divisions. Unless otherwise noted, the mailing address for all divisions is P.O. Box 778, Jefferson City, MO 65102.
2. (2) The Accounting division is responsible for interviewing and hiring of personnel, payroll, budget, bookkeeping, purchasing, recordkeeping and equipment inventory. Information may be obtained from the division by written request, by telephone at (314) 751-4936, or in person either at Room 209 of the Capitol building or on the third floor, Missouri State Information Center.

3. (3) The Administrative Rules division is the central filing office for the administrative rules of all state agencies. It publishes the Missouri Register containing the text of all new rules, amendments or repeals and compiles them in the permanent volumes of the

   1. (A) Information may be obtained from the division by written request, by telephone at

4. (314) 751-4015 or in person in Room 103, Missouri State Information Center.

   1. (B) All rules filed are open to public inspection during normal business hours. Copying service is available.

5. (4) The Commissions division carries out the constitutional duties of the secretary of state in affixing the Great Seal of the State and thereby authenticating all official acts of the governor, except the approval of laws. The division maintains a record of all the governor’s proclamations, executive orders, commissions and appointments, extraditions, domestic requisitions, commutations and restorations of citizenship and also prepares the certificates on appointments and commissions, extraditions, domestic requisitions, commutations and restoration of citizenship. The division also receives reviews and processes all Notary Public applications and commissions, keeps a register of them and files the bonds. Trademark and service mark registrations are processed and certificates of registration furnished and a register kept. Service of process is received, processed and forwarded from this division.

   1. (A) Information may be obtained from this division by written request, by telephone at

6. (314) 751-2336 or in person in Room 367, Missouri State Information Center.

   1. (B) Certified copies of official records on file are furnished on request.
7. (5) The Corporations division administers the laws and filings of corporations organized under the laws of the state and all foreign corporations having certificates of authority to do business in the state. All corporations are required to file articles of incorporation and amendments thereto, instruments affecting mergers or consolidations and articles of dissolution and liquidation. Each corporation must file an annual registration report and pay annual registration fees to be in good standing. The division also administers all registration of fictitious names and forfeitures, as well as furnishing certified copies of corporate files on request. In addition to these basic functions the division handles daily communications from attorneys and individuals requesting information contained in the respective corporate files. Another service of the division is to furnish the availability of corporate names so that names are distinguishable from one another. The Franchise Tax unit administers the Missouri corporation franchise tax. All corporations having at least two hundred thousand dollars ($200,000) in total assets and engaged in business within the state are required to pay the corporation franchise tax and filed a franchise tax report with the secretary of state. The Uniform Commercial Code section has the duty of 15 CSR 30-1

perfecting liens or security interests for all business and professional loans in the state. These loans are perfected by the filing of a financing statement which when filed shows the date, hour and file number.

1. (A) The public may obtain information from this division in person on the third floor of the Missouri State Information Center; Room 225, Wainwright State Office Building, St. Louis; Room 513, Kansas City State Office Building, Kansas City; or the Landers State Office Building, Springfield.
2. (B) The Public may obtain information from this division by written request to P.O. Box 778 (Corporations), P.O. Box 1366 (Franchise Tax), or P.O. Box 1159 (Uniform Commercial Code), Jefferson City, MO 65102.
3. (C) Telephone inquiries may be directed as follows: Corporate and fictitious name information, (314) 751-4153; new corporation filings, (314) 751-2359; amendments, (314) 751-4609; mergers and rescissions, (314) 751-4178; certified copies, (314) 751-4100; dissolutions, liquidations and withdrawals,

1. (314) 751-3230; to order corporate forms,
2. (314) 751-3827; the cashier, (314) 751-2793; annual registration forms, (314) 751-2300; and registration of fictitious names, name availability and name reservation, (314) 751- 3317; Franchise Tax, (314) 751-2265; Uniform Commercial Code, (314) 751-4179 or
3. (314) 751-2360.
4. (6) The Elections division helps to carry out the duties of the secretary of state as the chief election official of the state. Its functions include the filing of candidates for governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, United States senators and congressmen, Missouri state senators and representatives and certain judicial candidates. Ballots are prepared and the list of candidates for the primary elections are certified to the county clerks and election boards. Following the primary election, the official count of the votes is made and the nominees are certified. Ballots are prepared for the general election and the returns are canvassed. The returns are proclaimed and published. Initiative and referendum petitions and petitions to place new political parties on the ballot are filed with the secretary of state and s/he is required to determine if they have the sufficient number of qualified signatures to be valid. It prepares before the convening of each general assembly a list of the duly elected members for the secretary of state to present to the speaker of the house and the secretary of the senate. It receives and prepares for binding and filing all original rolls and bills of the general assembly, required by law to be kept by the secretary of state. It supervises the compilation, editing and publishing and distribution of the House and Senate Journals and the Laws of Missouri. It accepts and maintains a file of annual reports from county clerks on fees and salaries of elected county officials. It is the coordinator for state implementation of the National Voter Registration Act. Information may be obtained from this division in person in Room 337, Missouri State Information Center, by written request or by telephone at
5. (314) 751-4875.
6. (7) The Information Technology division provides planning, implementation, support and maintenance for computer and information systems throughout the office. Information may be obtained from this division in person in Room 342, Missouri State Information Center, by written request or by telephone at
7. (314) 751-4780.
8. (8) The Local Records Program provides assistance to units of local government within Missouri in cataloging, preserving and storing historical records. It also administers grants to units of local government to assist with records preservation. Information may be obtained from this division in person in Room 168 of the Missouri State Information Center, by written request or by telephone at
9. (314) 751-4185.

10. (9) The Publications division publishes the Constitution of Missouri, the Official Manual and Election Laws of Missouri. It also publishes and distributes official returns of primary and general elections; a roster of state, district and county officers; a roster of democratic and republican party candidates and committee members; corporation laws, securities laws, Uniform Commercial Code Manual; and laws relating to notaries public and other bulletins. Preparation of publications is carried out by the director and staff and printing and binding contracts are awarded on a competitive basis. The number of copies and distribution are specified by statute in some instances with allowance made on all publications for distribution to the general public on request.

    1. (A) Requests for publications may be made to the secretary of state, Room 209 Capitol building or the Publications office in Room 112, Missouri State Information Center, in person or in writing, or by telephoning (314) 751-4218.
    2. (B) Publications are available free or for the cost of printing and mailing.
11. (10) The Records Management and Archives division fulfills the constitutional duty of the secretary of state for the management and safekeeping of state records. Under the state records law, the secretary of state administers the division providing for the efficient and economical application of management and archival methods to the creation, utilization, maintenance, retention, preservation and disposal of official records of the state. The Archives section preserves documents of historical value and researches questions of Missouri history, plus provides a centralized location for genealogical researchers. Records analysts work with state agencies in developing records schedules listing each records series in an office and how long the record is to be kept in the office, in the records center, and its ultimate destination, either destruction or microfilming. The State Records Commission is charged with determining when records may be destroyed. The records management program was extended to local governments in 1972. Records are being inventoried and schedules written for counties, cities and other political subdivisions so they may realize comparable savings and economies as storage space is freed, unnecessary records are eliminated and valuable historical records are protected. Information may be obtained from this division in person in Room 119, Missouri State Information Center by written request or by telephone at (314) 751-3319 for Records Management questions, and (314) 751-3280 for Archives questions.

12. (11) The Securities division administers the Missouri Uniform Securities Act through an appointed commissioner of securities. The division processes applications for registration and registers securities, broker-dealers, agents and investment advisers. The division carries on enforcement activities, including action on suspected violations or complaints. In the case of violations or suspected violations of the Securities Act, the division may impose administrative sanctions such as prohibiting or conditioning the further sale of securities, referring matters for criminal prosecution or seeking an injunction, writ of mandamus or the appointment of a receiver or conservator. It also makes determinations whether securities and transactions may be exempt from the registration and filing requirements of the Securities Act and gives interpretative opinions upon these matters.

    1. (A) Information may be obtained from the division in person in Room 229, Missouri State Information Center, by written request to P.O. Box 1276, Jefferson City, MO 65102, a monthly securities bulletin, press releases, commercial publications and a graphic scanning network.
    2. (B) Telephone requests may be directed to—(314) 751-4136 for registration of securities; (314) 751-2302 for registration of broker-dealers, agents and investment advisers; and (314) 751-4704 for enforcement, exemptions, exceptions and exclusions.
13. (11) The Uniform Commercial Code division has the duty of perfecting liens or security interests for all business and professional loans in the state. These loans are perfected by the filing of a financing statement which when filed shows the date, hour and file number. Information on filings may be requested by telephone at (314) 751-4179 or (314) 751- 2360 for oral searches or by filing a prepared request form (UCC 11) for information or copies of documents, in person or by mail to P.O. Box 1759, Jefferson City MO 65102. All filings received are returned the same day. The division is located in Room 830, Truman state office building.
14. (12) The State Library Governmental Services division provides library and information services, reference and research to the executive and legislative branches of government and all government agencies and employees. It also administers the Census Data Center, Federal, and State Documents. Information may be obtained from this division in person on the second floor of the Missouri State Information Center, by written request to P.O. Box 387, Jefferson City, MO 65102 or by telephone at (314) 751-4185.
15. (13) The State Library, Library Development division promotes and encourage library services statewide and consults with library staff statewide on different aspects of library services, continuing education, resource sharing, technology, program planning, needs assessment, and evaluation; provides counsel, advice, and continuing education to library boards; and ensures library and information services to the diverse populations through public libraries. It also monitors the Library Services and Construction Act (LSCA) program, prepares reports, keeps records, responds to regulations, and directs information about the program to libraries in the state. It plans and implements grant writing workshops and serves as liaison to the federal program officer and the LSCA Advisory Committee. Information may be obtained from this division in person on the second floor of the Missouri State Information Center, by written request or by telephone at
16. (314) 751-4185.
17. (14) The State Library Publications/Special Projects division produces regular and informative publications, brochures, newsletters, a journal, and other publications for the Missouri library community, coordinates all activities of the Missouri Center for the Book, works with statewide and local literacy organizations and consults with libraries on the development of literacy programs. Information may be obtained from this division in person on the second floor of the Missouri State Information Center, by written request or by telephone at (314) 751-4185.
18. (15) The Wolfner Library for the Blind and Physically Handicapped provides public library services and administers library materials, equipment, and information services to those persons unable to use standard print. Information may be obtained from this division in person on the second floor of the Missouri State Information Center, by written request or by telephone at (314) 751-4185.
19. (16) All divisions of the Office of the Secretary of State make every effort to insure program accessibility to those with disabilities. The Secretary of State’s Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan are available for inspection in the Administration department on the third floor of the Missouri State Information Center. All divisions are accessible by telephone to those with speech or hearing impairments via Missouri Relay (800) 735-2466 at the numbers listed above. In addition, the Elections division is equipped with Telecommunications Device for the Deaf (TDD) equipment (800) 669-8683.

AUTHORITY: section 536.023.3., RSMo 1994.* Original rule filed Dec. 5, 1975, effective Dec. 31, 1975. Amended: Filed July 15, 1985, effective Dec. 26, 1985. Amended: Filed Nov. 15, 1989, effective March 11, 1990. Amended: Filed Feb. 16, 1995, effective Sept. 30, 1995. *Original authority: 536.023, RSMo 1975, amended 1976.