Mo. Code Regs. Ann. tit. 20, § 2250-4.080
Nonresident Licenses; Reciprocity; Process Agent
Effective Aug 28, 2006section 339.120, RSMo 2000.* This rule originally filed as 4 CSR 250-4.080. Original rule filed Nov. 14, 1978, effective Feb. 11, 1979. Amended: Filed March 15, 1982, effective June 11, 1982. Amended: Filed March 14, 1984, effective June 11, 1984. Amended: Filed Oct. 2, 1985, effective Dec. 26, 1985. Amended: Filed March 16, 1988, effective July 1, 1988. Amended: Filed June 16, 1989, effective Sept. 28, 1989. Amended: Filed Feb. 2, 1994, effective Aug. 28, 1994. Amended: Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR 2250-4.080, effective Aug. 28, 2006. *Original authority: 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993, 1995, 1999Missouri Real Estate Commission
PURPOSE: This rule clarifies and qualifies who may obtain a nonresident license and the condition for its renewal.
- (1) A nonresident person, partnership, association or corporation seeking a license to engage in the real estate business in Missouri shall first apply for an appropriate license on a form provided by the commission accompanied by the required fee.
- (2) The commission may issue a nonresident broker license to an individual who is licensed as a broker in the state of domicile, provided the commission is furnished a certification from the licensing authority of the state of domicile that the license is in good standing. The nonresident certification must be issued within three (3) months of application for a Missouri license. An individual applicant for a nonresident broker license who is not licensed as a broker in the state of domicile may be granted a nonresident license upon submitting satisfactory proof of intent to maintain the principal place of business in Missouri.
- (3) The commission may issue a nonresident license to an individual who is licensed in the state of domicile, provided the commission is furnished a certification from the licensing authority of the state of domicile that the license is in good standing. The nonresident certification must be issued within three (3) months of application for a Missouri license. Every licensed nonresident shall be associated with a licensed Missouri broker.
- (4) The commission may issue a nonresident broker license to a partnership, association or corporation organized and licensed as a real estate broker under the laws of another state, provided the commission is furnished a certification from the nonresident licensing authority that the entity is in good standing; provided further that a nonresident firm shall furnish proof to the commission that it has complied with all applicable laws with respect to qualifying to do business in this state. The nonresident certification must be issued within three (3) months of application for a Missouri license.
- (5) The commission may issue a nonresident professional corporation license to a professional corporation organized and licensed as a real estate professional corporation under the laws of another state, provided the commission is furnished a certification from the nonresident licensing authority that the license of the professional corporation is in good standing. A nonresident professional corporation shall furnish proof to the commission that it has complied with all applicable laws with respect to qualifying to do business in this state.
- (6) In addition to the specific requirements set forth in this rule, every applicant for a nonresident license must meet all requirements applicable to Missouri residents and domestic firms applying for the same type of license. After licensure, a nonresident licensee shall be subject to and shall comply with all provisions of the license law and these rules.
- (7) The commission may waive the examination prescribed by the license law for a nonresident individual duly licensed in any other state under the laws of which a similar exemption is extended to licensees of Missouri, provided a written agreement for reciprocal licensing exists between the licensing authorities of the states involved.
- (8) A nonresident licensee who has been actively licensed in another state for twelve
- (12) of the preceding eighteen (18) months prior to date of application for the examination will be required to take the complete examination. The prelicense education requirement will be waived for a one (1)-time sitting of the examination but the continuing education requirement will remain in effect. If the candidate fails to pass both portions of the examination, the candidate will be required to meet the education requirement prior to retaking the entire examination. Certification from the state of residence must be submitted with the application for license. Each application for a nonresident broker license shall be required to have satisfactorily completed the salesperson license examination prescribed by the commission prior to application for the broker examination.
- (9) A nonresident licensee who has successfully passed the examination in another state will be required to complete the prelicense education requirement and take only the state portion of the examination if application for licensure is received within six (6) months of licensure in the other state. A certification from the nonresident licensing authority must be submitted with the application for license. The certification must be issued within three
- (3) months of application for a Missouri license.
- (10) Before the commission shall issue a nonresident license, it shall require the nonresident to file with the commission an irrevocable consent that actions may be commenced against the nonresident in the proper court of any county in this state in which the cause of action shall arise or in which the plaintiff may reside, by service of process on the director of the Missouri Real Estate Commission and stipulating and agreeing that the service shall be taken and held in all such courts to be as valid and binding as if due service had been made upon the nonresident. The consent shall be authenticated by the acknowledged signature of the nonresident. Upon service, the director shall mail to the nonresident licensee at the last known address a notice of the service of process and a copy of the summons and petition. The mailing shall be by registered or certified mail requesting a return receipt signed by the addressee only. The director shall inform the clerk of the court out of which the summons was issued that the summons and petition were mailed to the nonresident licensee as described and shall forward to the clerk the return receipt showing delivery of the registered mailing.
- (11) Any individual broker not residing in this state and not holding a valid real estate broker’s license in the state of domicile must place the license in this state on inactive status during the period of absence from this state or request the license be placed with a Missouri licensed broker.
AUTHORITY: section 339.120, RSMo 2000.* This rule originally filed as 4 CSR 250-4.080. Original rule filed Nov. 14, 1978, effective Feb. 11, 1979. Amended: Filed March 15, 1982, effective June 11, 1982. Amended: Filed March 14, 1984, effective June 11, 1984. Amended: Filed Oct. 2, 1985, effective Dec. 26, 1985. Amended: Filed March 16, 1988, effective July 1, 1988. Amended: Filed June 16, 1989, effective Sept. 28, 1989. Amended: Filed Feb. 2, 1994, effective Aug. 28, 1994. Amended: Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR 2250-4.080, effective Aug. 28, 2006. *Original authority: 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993, 1995, 1999.