Ford Motor Company is the defendant in several product liability suits pending in the circuit court of Greene County. In each case, Ford raised a defense of improper venue and moved to transfer the case to a county where venue was proper. Venue in Missouri is determined by statute, which requires that actions be filed where the cause of action occurred or where the corporation has an office or agent conducting regular business. The cause of action was not in Greene County, and Ford does not have an office in Greene County.

However, Ford Motor Credit Company, Fords wholly-owned subsidiary, does maintain an office in Greene County. Ford Credit has its own offices and directors. It also has its own articles of incorporation and is organized under the laws of Delaware. Its principal place of business is Dearborn, Michigan. Ford Credit is in the business of purchasing retail contracts and leases of automobiles entered into by the dealer and its retail and commercial customers. Ford Credit also participates in commercial lending, including providing automobile wholesale inventory financing and capital, revolving credit, and mortgage loans to Ford and non-Ford dealers.

A consumer is not required to finance a Ford Motor Company vehicle through Ford Credit. A consumer may choose to finance a vehicle through a bank or another credit service that may offer similar products and services. The manufacturer is not a party at any time to the retail installment contract or to lease agreements. Interest and principal payments from consumers and dealers are received by Ford Credit and not held in trust for Ford Motor Company. Ford Motor Company and Ford Credit are not parties to any agreement restricting or conditioning Ford Credits ability to finance a customers purchase of a vehicle or a dealers inventory purchases.

Is Ford Credit an agent of Ford Motor Company? Why?