Missouri Governor Greitens recently signed into law, RSMO §347.048, a new registration requirement affecting limited liability companies (LLCs) that own and either rent or lease real property, or own vacant real property, located in Kansas City, Missouri or Independence, Missouri.
If your LLC owns real property in Kansas City, Missouri or in Independence, Missouri and either leases it or it is vacant and unoccupied, the owner must file an affidavit with the City’s clerk listing the name and street address of at least one individual (not just a company) who has management control and responsibility for the real property.
The new law goes into effect August 28th. Property owners can comply with the new requirements, ignore and risk the penalties, or seek a declaratory judgment raising the constitutional issues of an overly-broad, multi-subject Bill, as well as other potential constitutional issues.
If your property is located in Kansas City, Missouri, register your property online here. This information is still only required by the City Ordinance 071046. When and if the city updates the forms, we will send out another alert. There is no similar link in Independence, Missouri.
This new law is a result of the issues that Kansas City and Independence have had in obtaining contact information for property owners who might have vacant properties or rental properties that they are not maintaining. It gives the cities not just the company name of the owner, but an actual individual who has “management control and responsibility” for the property. In addition, the property owner has an obligation to update the affidavit within thirty (30) days if the person named in the previous affidavit is no longer responsible for management control or responsibility of the property.
If your LLC does not register its property, you risk an administrative citation of up to $200, and $100 per property. In addition, pursuant to the new law, any adversely affected person could petition the court in the county where the property is located to direct the filing of such affidavit.
If you have questions, we recommend you contact your attorney.