1.1 	A bill for an act
1.2 	relating to judiciary; modifying certain provisions relating to courts, juvenile 
1.3 	delinquency proceedings, child support calculations, protective orders, wills 
1.4 	and trusts, property interests, protected persons and wards, receiverships, 
1.5 	assignments for the benefit of creditors, and notice regarding civil rights;
1.6 	amending Minnesota Statutes 2010, sections 169.79, subdivision 6; 169.797, 
1.7 	subdivision 4; 203B.06, subdivision 3; 260B.163, subdivision 1; 260C.331, 
1.8 	subdivision 3; 279.37, subdivision 8; 302A.753, subdivisions 2, 3; 302A.755; 
1.9 	302A.759, subdivision 1; 302A.761; 308A.945, subdivisions 2, 3; 308A.951; 
1.10 	308A.961, subdivision 1; 308A.965; 308B.935, subdivisions 2, 3; 308B.941; 
1.11 	308B.951, subdivision 1; 308B.955; 316.11; 317A.255, subdivision 1; 317A.753, 
1.12 	subdivisions 3, 4; 317A.755; 317A.759, subdivision 1; 322B.836, subdivisions 
1.13 	2, 3; 322B.84; 357.021, subdivision 6; 359.061, subdivisions 1, 2; 462A.05, 
1.14 	subdivision 32; 469.012, subdivision 2i; 514.69; 514.70; 518.552, by adding 
1.15 	a subdivision; 518A.29; 518B.01, subdivision 8; 524.2-712; 524.2-1103; 
1.16 	524.2-1104; 524.2-1106; 524.2-1107; 524.2-1114; 524.2-1115; 524.2-1116; 
1.17 	524.5-502; 525.091, subdivisions 1, 3; 540.14; 559.17, subdivision 2; 576.04; 
1.18 	576.06; 576.08; 576.09; 576.11; 576.121; 576.123; 576.144; 576.15; 576.16; 
1.19 	proposing coding for new law in Minnesota Statutes, chapters 5B; 201; 243; 576; 
1.20 	577; 630; repealing Minnesota Statutes 2010, sections 302A.759, subdivision 2; 
1.21 	308A.961, subdivision 2; 308B.951, subdivisions 2, 3; 317A.759, subdivision 2; 
1.22 	576.01; 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 577.08; 577.09; 577.10.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	ARTICLE 1
1.25 	JUDICIARY

1.26 	Section 1. [5B.11] LEGAL PROCEEDINGS; PROTECTIVE ORDER.
1.27 	If a program participant is involved in a legal proceeding as a party or witness, the 
1.28 	court or other tribunal may issue a protective order to prevent disclosure of information 
1.29 	that could reasonably lead to the discovery of the program participant's location.

1.30 	Sec. 2. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
2.1 		Subd. 6.Other motor vehicles. If the motor vehicle is any kind of motor vehicle 
2.2 	other than those provided for in subdivisions 2 to 4, one plate two plates must be displayed 
2.3 	on. One plate must be displayed at the front and one on the rear of the vehicle and one 
2.4 	at the back. The two plates must either be mounted on the front and rear bumpers of 
2.5 	the vehicle or on the front and back of the vehicle exterior in places designed to hold a 
2.6 	license plate.

2.7 	Sec. 3. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
2.8 		Subd. 4.Penalty. (a) A person who violates this section is guilty of a misdemeanor. 
2.9 	A person is guilty of a gross misdemeanor who violates this section within ten years 
2.10 	of the first of two prior convictions under this section, section 169.791, or a statute or 
2.11 	ordinance in conformity with one of those sections. The operator of a vehicle who violates 
2.12 	subdivision 3 and who causes or contributes to causing a vehicle accident that results in 
2.13 	the death of any person or in substantial bodily harm to any person, as defined in section 
2.14 	609.02, subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority 
2.15 	who is responsible for prosecuting misdemeanor violations of this section is responsible 
2.16 	for prosecuting gross misdemeanor violations of this section. In addition to any sentence 
2.17 	of imprisonment that the court may impose on a person convicted of violating this section, 
2.18 	the court shall impose a fine of not less than $200 nor more than the maximum amount 
2.19 	authorized by law. The court may allow community service in lieu of any fine imposed if 
2.20 	the defendant is indigent. 
2.21 	(b) A driver who is the owner of the vehicle may, no later than the date and time 
2.22 	specified in the citation for the driver's first court appearance, produce proof of insurance 
2.23 	stating that security had been provided for the vehicle that was being operated at the time 
2.24 	of demand to the court administrator. The required proof of insurance may be sent by mail 
2.25 	by the driver as long as it is received no later than the date and time specified in the 
2.26 	citation for the driver's first court appearance. If a citation is issued, no person shall be 
2.27 	convicted of violating this section if the court administrator receives the required proof of 
2.28 	insurance no later than the date and time specified in the citation for the driver's first court 
2.29 	appearance. If the charge is made other than by citation, no person shall be convicted of 
2.30 	violating this section if the person presents the required proof of insurance at the person's 
2.31 	first court appearance after the charge is made.
2.32 	(c) If the driver is not the owner of the vehicle, the driver shall, no later than the 
2.33 	date and time specified in the citation for the driver's first court appearance, provide the 
2.34 	district court administrator with proof of insurance or the name and address of the owner. 
3.1 	Upon receipt of the name and address of the owner, the district court administrator shall 
3.2 	communicate the information to the law enforcement agency.
3.3 	(d) If the driver is not the owner of the vehicle, the officer may send or provide a 
3.4 	notice to the owner of the vehicle requiring the owner to produce proof of insurance for 
3.5 	the vehicle that was being operated at the time of the demand. Notice by mail is presumed 
3.6 	to be received five days after mailing and shall be sent to the owner's current address or the 
3.7 	address listed on the owner's driver's license. Within ten days after receipt of the notice, 
3.8 	the owner shall produce the required proof of insurance to the place stated in the notice 
3.9 	received by the owner. The required proof of insurance may be sent by mail by the owner 
3.10 	as long as it is received within ten days. Any owner who fails to produce proof of insurance 
3.11 	within ten days of an officer's request under this subdivision is guilty of a misdemeanor. 
3.12 	The peace officer may mail the citation to the owner's current address or address stated 
3.13 	on the owner's driver's license. It is an affirmative defense to a charge against the owner 
3.14 	that the driver used the owner's vehicle without consent, if insurance would not have been 
3.15 	required in the absence of the unauthorized use by the driver. It is not a defense that a 
3.16 	person failed to notify the Department of Public Safety of a change of name or address as 
3.17 	required under section 171.11. The citation may be sent after the ten-day period.
3.18 	(b)(e) The court may impose consecutive sentences for offenses arising out of a 
3.19 	single course of conduct as permitted in section 609.035, subdivision 2. 
3.20 	(c)(f) In addition to the criminal penalty, the driver's license of an operator convicted 
3.21 	under this section shall be revoked for not more than 12 months. If the operator is also an 
3.22 	owner of the vehicle, the registration of the vehicle shall also be revoked for not more 
3.23 	than 12 months. Before reinstatement of a driver's license or registration, the operator 
3.24 	shall file with the commissioner of public safety the written certificate of an insurance 
3.25 	carrier authorized to do business in this state stating that security has been provided by the 
3.26 	operator as required by section 65B.48. 
3.27 	(d)(g) The commissioner shall include a notice of the penalties contained in this 
3.28 	section on all forms for registration of vehicles required to maintain a plan of reparation 
3.29 	security.

3.30 	Sec. 4. Minnesota Statutes 2010, section 260B.163, subdivision 1, is amended to read:
3.31 		Subdivision 1.General. (a) Except for hearings arising under section 260B.425, 
3.32 	hearings on any matter shall be without a jury and may be conducted in an informal 
3.33 	manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the 
3.34 	right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant 
3.35 	to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings 
4.1 	involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile 
4.2 	petty offender, and hearings conducted pursuant to section 260B.125 except to the extent 
4.3 	that the rules themselves provide that they do not apply. 
4.4 	(b) When a continuance or adjournment is ordered in any proceeding, the court may 
4.5 	make any interim orders as it deems in the best interests of the minor in accordance with 
4.6 	the provisions of sections 260B.001 to 260B.421. 
4.7 	(c) Except as otherwise provided in this paragraph, the court shall exclude the 
4.8 	general public from hearings under this chapter and shall admit only those persons who, in 
4.9 	the discretion of the court, have a direct interest in the case or in the work of the court. The 
4.10 	court shall permit the victim of a child's delinquent act to attend any related delinquency 
4.11 	proceeding, except that the court may exclude the victim:
4.12 	(1) as a witness under the Rules of Criminal Procedure; and
4.13 	(2) from portions of a certification hearing to discuss psychological material or other 
4.14 	evidence that would not be accessible to the public.
4.15 	The court shall open the hearings to the public in delinquency certification or extended 
4.16 	jurisdiction juvenile proceedings where the child is alleged to have committed an offense 
4.17 	or has been proven to have committed an offense that would be a felony if committed 
4.18 	by an adult and the child was at least 16 years of age at the time of the offense, except 
4.19 	that the court may exclude the public from portions of a certification hearing to discuss 
4.20 	psychological material or other evidence that would not be accessible to the public in 
4.21 	an adult proceeding. The court shall open the hearings to the public in delinquency 
4.22 	proceedings where the child is alleged to have committed an offense or has been proven 
4.23 	to have committed an offense that would be a felony if committed by an adult and the 
4.24 	child was at least 16 years of age at the time of the offense, if the court determines that, 
4.25 	due to the violent or serious nature of the alleged offense, the benefit to public safety of 
4.26 	holding an open hearing outweighs the potential consequences for the child due to the 
4.27 	resulting public record.
4.28 	(d) In all delinquency cases a person named in the charging clause of the petition 
4.29 	as a person directly damaged in person or property shall be entitled, upon request, to be 
4.30 	notified by the court administrator in writing, at the named person's last known address, of 
4.31 	(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.

4.32 	Sec. 5. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
4.33 		Subd. 3.Court expenses. The following expenses are a charge upon the county 
4.34 	in which proceedings are held upon certification of the judge of juvenile court or upon 
4.35 	such other authorization provided by law:
5.1 	(1) the fees and mileage of witnesses, and the expenses and mileage of officers 
5.2 	serving notices and subpoenas ordered by the court, as prescribed by law;
5.3 	(2) the expense of transporting a child to a place designated by a child-placing agency 
5.4 	for the care of the child if the court transfers legal custody to a child-placing agency;
5.5 	(3) the expense of transporting a minor to a place designated by the court;
5.6 	(4) reasonable compensation for an attorney appointed by the court to serve as 
5.7 	counsel.
5.8 	The State Guardian Ad Litem Board shall pay for guardian ad litem expenses 
5.9 	and reasonable compensation for an attorney to serve as counsel for a guardian ad 
5.10 	litem, if necessary. In no event may the court order that guardian ad litem expenses or 
5.11 	compensation for an attorney serving as counsel for a guardian ad litem be charged to 
5.12 	a county.

5.13 	Sec. 6. Minnesota Statutes 2010, section 279.37, subdivision 8, is amended to read:
5.14 		Subd. 8.Fees. The party or parties making such confession of judgment shall pay 
5.15 	the county auditor a fee as set by the county board to defray the costs of processing the 
5.16 	confession of judgment and making the annual billings required. Fees as set by the county 
5.17 	board shall be paid to the court administrator of the court for entry of judgment and for 
5.18 	the entry of each full or partial release thereof. The fees paid to the court administrator 
5.19 	under this section are in lieu of the fees provided for in section 357.021. Fees collected 
5.20 	under this sectionand shall be processed by the county and credited to the general revenue 
5.21 	fund of the county. 

5.22 	Sec. 7. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
5.23 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
5.24 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
5.25 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
5.26 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
5.27 	parking, for which there shall be a $12 surcharge. When a defendant is convicted of more 
5.28 	than one offense in a case, the surcharge shall be imposed only once in that case. In the 
5.29 	Second Judicial District, the court shall impose, and the court administrator shall collect, 
5.30 	an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, 
5.31 	misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance 
5.32 	relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the 
5.33 	$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to 
6.1 	imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person 
6.2 	is convicted of a petty misdemeanor for which no fine is imposed.
6.3 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
6.4 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
6.5 	correct the record.
6.6 	(c) The court may not waive payment of the surcharge required under this 
6.7 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
6.8 	or the convicted person's immediate family, the sentencing court may authorize payment 
6.9 	of the surcharge in installments.
6.10 	(d) The court administrator or other entity collecting a surcharge shall forward it to 
6.11 	the commissioner of management and budget.
6.12 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
6.13 	surcharge before the term of imprisonment begins, the chief executive officer of the 
6.14 	correctional facility in which the convicted person is incarcerated shall collect the 
6.15 	surcharge from any earnings the inmate accrues from work performed in the facility 
6.16 	or while on conditional release. The chief executive officer shall forward the amount 
6.17 	collected to the court administrator or other entity collecting the surcharge imposed by 
6.18 	the court.
6.19 	(f) A person who successfully completes a diversion or similar programenters 
6.20 	a diversion program, continuance without prosecution, continuance for dismissal, or 
6.21 	stay of adjudication for a violation of chapter 169 must pay the surcharge described in 
6.22 	this subdivision. A surcharge imposed under this paragraph shall be imposed only once 
6.23 	per case.
6.24 	(g) The surcharge does not apply to administrative citations issued pursuant to 
6.25 	section 169.999.

6.26 	Sec. 8. Minnesota Statutes 2010, section 359.061, subdivision 1, is amended to read:
6.27 		Subdivision 1.Resident notaries. The commission of every notary commissioned 
6.28 	under section 359.01, together with: (1) a signature that matches the first, middle, and 
6.29 	last name as listed on the notary's commission and shown on the notarial stamp, and (2) a 
6.30 	sample signature in the style in which the notary will actually execute notarial acts, shall 
6.31 	be recorded in the office of the court administrator of the district courtlocal registrar of 
6.32 	the notary's county of residence or in the county department to which duties relating to 
6.33 	notaries public have been assigned under section 485.27, in a record kept for that purpose.

6.34 	Sec. 9. Minnesota Statutes 2010, section 359.061, subdivision 2, is amended to read:
7.1 		Subd. 2.Nonresident notaries. The commission of a nonresident notary must 
7.2 	be recorded in the Minnesota county the notary designates pursuant to section 359.01, 
7.3 	subdivision 2, clause (3), in the office of the court administrator of the district court of that 
7.4 	county or in the county department to which duties relating to notaries public have been 
7.5 	assigned under section 485.27.

7.6 	Sec. 10. Minnesota Statutes 2010, section 514.69, is amended to read:
7.7 	514.69 FILE WITH COURT ADMINISTRATOR OF THE DISTRICT 
7.8 	COURT COUNTY.
7.9 		Subdivision 1.Perfection of hospital's lien. In order to perfect such lien, the 
7.10 	operator of such hospital, before, or within ten days after, such person shall have been 
7.11 	discharged therefrom, shall file in the office of the court administrator of the district court
7.12 	county office assigned this duty by the county board pursuant to section 485.27 of the 
7.13 	county in which such hospital shall be located a verified statement in writing setting forth 
7.14 	the name and address of such patient, as it shall appear on the records of such hospital, 
7.15 	the name and location of such hospital and the name and address of the operator thereof, 
7.16 	the dates of admission to and discharge of such patient therefrom, the amount claimed 
7.17 	to be due for such hospital care, and, to the best of claimant's knowledge, the names and 
7.18 	addresses of all persons, firms, or corporations claimed by such injured person, or the 
7.19 	legal representatives of such person, to be liable for damages arising from such injuries; 
7.20 	such claimant shall also, within one day after the filing of such claim or lien, mail a copy 
7.21 	thereof, by certified mail, to each person, firm, or corporation so claimed to be liable for 
7.22 	such damages to the address so given in such statement. The filing of such claim or 
7.23 	lien shall be notice thereof to all persons, firms, or corporations liable for such damages 
7.24 	whether or not they are named in such claim or lien.
7.25 		Subd. 2.Perfection of public assistance lien. In the case of public assistance liens 
7.26 	filed under section 256.015 or 256B.042, the state agency may perfect its lien by filing its 
7.27 	verified statement in the office of the court administratorcounty office assigned this duty 
7.28 	by the county board pursuant to section 485.27 in the county of financial responsibility for 
7.29 	the public assistance paid. The court administratorcounty office shall record the lien in 
7.30 	the same manner as provided in section 514.70. 

7.31 	Sec. 11. Minnesota Statutes 2010, section 514.70, is amended to read:
7.32 	514.70 COURT ADMINISTRATOR COUNTY TO PROVIDE RECORD.
7.33 	The court administratorcounty office assigned this duty by the county board 
7.34 	pursuant to section 485.27 shall endorse thereon the date and hour of filing and, at the 
8.1 	expense of the county, shall provide a hospital lien book with proper index in which the 
8.2 	court administratorcounty office shall enter the date and hour of such filing, the names 
8.3 	and addresses of such hospital, the operators thereof and of such patient, the amount 
8.4 	claimed and the names and addresses of those claimed to be liable for damages. The 
8.5 	court administratorcounty office shall be paid $5 as a fee for such filing and $5 as a fee 
8.6 	for filing each lien satisfaction.

8.7 	Sec. 12. Minnesota Statutes 2010, section 518.552, is amended by adding a subdivision 
8.8 	to read:
8.9 		Subd. 6.Maintenance calculated after child support. The amount of the 
8.10 	maintenance award, if any, must be determined after the court determines the amount of 
8.11 	child support to be paid.

8.12 	EFFECTIVE DATE. This section is effective for all dissolution actions filed on 
8.13 	or after January 1, 2012.

8.14 	Sec. 13. Minnesota Statutes 2010, section 518A.29, is amended to read:
8.15 	518A.29 CALCULATION OF GROSS INCOME.
8.16 	(a) Subject to the exclusions and deductions in this section, gross income includes 
8.17 	any form of periodic payment to an individual, including, but not limited to, salaries, 
8.18 	wages, commissions, self-employment income under section 518A.30, workers' 
8.19 	compensation, unemployment benefits, annuity payments, military and naval retirement, 
8.20 	pension and disability payments, court-ordered spousal maintenance received under 
8.21 	a previousorder or the current proceeding from a person other than a parent of the 
8.22 	joint child, Social Security or veterans benefits provided for a joint child under section 
8.23 	518A.31, and potential income under section 518A.32. Salaries, wages, commissions, 
8.24 	or other compensation paid by third parties shall be based upon gross income before 
8.25 	participation in an employer-sponsored benefit plan that allows an employee to pay for a 
8.26 	benefit or expense using pretax dollars, such as flexible spending plans and health savings 
8.27 	accounts. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or 
8.28 	other retirement benefits.
8.29 	(b) Gross income does not include compensation received by a party for employment 
8.30 	in excess of a 40-hour work week, provided that:
8.31 	(1) child support is ordered in an amount at least equal to the guideline amount 
8.32 	based on gross income not excluded under this clause; and
8.33 	(2) the party demonstrates, and the court finds, that:
9.1 	(i) the excess employment began after the filing of the petition for dissolution or 
9.2 	legal separation or a petition related to custody, parenting time, or support;
9.3 	(ii) the excess employment reflects an increase in the work schedule or hours worked 
9.4 	over that of the two years immediately preceding the filing of the petition;
9.5 	(iii) the excess employment is voluntary and not a condition of employment;
9.6 	(iv) the excess employment is in the nature of additional, part-time or overtime 
9.7 	employment compensable by the hour or fraction of an hour; and
9.8 	(v) the party's compensation structure has not been changed for the purpose of 
9.9 	affecting a support or maintenance obligation.
9.10 	(c) Expense reimbursements or in-kind payments received by a parent in the course 
9.11 	of employment, self-employment, or operation of a business shall be counted as income 
9.12 	if they reduce personal living expenses.
9.13 	(d) Gross income may be calculated on either an annual or monthly basis. Weekly 
9.14 	income shall be translated to monthly income by multiplying the weekly income by 4.33.
9.15 	(e) Gross income does not include a child support payment received by a party. It 
9.16 	is a rebuttable presumption that adoption assistance payments, guardianship assistance 
9.17 	payments, and foster care subsidies are not gross income.
9.18 	(f) Gross income does not include the income of the obligor's spouse and the 
9.19 	obligee's spouse.
9.20 	(g) Child support or spousal maintenance payments ordered by a court for a nonjoint 
9.21 	child or former spouse or ordered payable to the other party as part of the current 
9.22 	proceeding person other than a parent of the joint child are deducted from other periodic 
9.23 	payments received by a party for purposes of determining gross income.
9.24 	(h) Gross income does not include public assistance benefits received under section 
9.25 	256.741 or other forms of public assistance based on need.

9.26 	EFFECTIVE DATE. This section is effective for all dissolution actions filed on 
9.27 	or after January 1, 2012.

9.28 	Sec. 14. Minnesota Statutes 2010, section 518B.01, subdivision 8, is amended to read:
9.29 		Subd. 8.Service; alternate service; publication; notice. (a) The petition and any 
9.30 	order issued under this section other than orders for dismissal shall be served on the 
9.31 	respondent personally. Orders for dismissal may be served personally or by United States 
9.32 	mail. In lieu of personal service of an order for protection, a law enforcement officer may 
9.33 	serve a person with a short form notification as provided in subdivision 8a.
9.34 	(b) When service is made out of this state and in the United States, it may be proved 
9.35 	by the affidavit of the person making the service. When service is made outside the United 
10.1 	States, it may be proved by the affidavit of the person making the service, taken before 
10.2 	and certified by any United States minister, charge d'affaires, commissioner, consul, or 
10.3 	commercial agent, or other consular or diplomatic officer of the United States appointed to 
10.4 	reside in the other country, including all deputies or other representatives of the officer 
10.5 	authorized to perform their duties; or before an office authorized to administer an oath 
10.6 	with the certificate of an officer of a court of record of the country in which the affidavit is 
10.7 	taken as to the identity and authority of the officer taking the affidavit.
10.8 	(c) If personal service cannot be made, the court may order service of the petition 
10.9 	and any order issued under this section by alternate means, or by publication, which 
10.10 	publication must be made as in other actions. The application for alternate service must 
10.11 	include the last known location of the respondent; the petitioner's most recent contacts 
10.12 	with the respondent; the last known location of the respondent's employment; the names 
10.13 	and locations of the respondent's parents, siblings, children, and other close relatives; 
10.14 	the names and locations of other persons who are likely to know the respondent's 
10.15 	whereabouts; and a description of efforts to locate those persons.
10.16 	The court shall consider the length of time the respondent's location has been 
10.17 	unknown, the likelihood that the respondent's location will become known, the nature 
10.18 	of the relief sought, and the nature of efforts made to locate the respondent. The court 
10.19 	shall order service by first class mail, forwarding address requested, to any addresses 
10.20 	where there is a reasonable possibility that mail or information will be forwarded or 
10.21 	communicated to the respondent.
10.22 	The court may also order publication, within or without the state, but only if it might 
10.23 	reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed 
10.24 	complete 14 days after mailing or 14 days after court-ordered publication.
10.25 	(d) A petition and any order issued under this section, including the short form 
10.26 	notification, must include a notice to the respondent that if an order for protection is issued 
10.27 	to protect the petitioner or a child of the parties, upon request of the petitioner in any 
10.28 	parenting time proceeding, the court shall consider the order for protection in making a 
10.29 	decision regarding parenting time.

10.30 	Sec. 15. Minnesota Statutes 2010, section 525.091, subdivision 1, is amended to read:
10.31 		Subdivision 1.Original documents. (a) The court administrator of any county upon 
10.32 	order of the judge exercising probate jurisdiction may destroy all the original documents 
10.33 	in any probate proceeding of record in the office after the file in such proceeding has 
10.34 	been closed provided the original or a Minnesota state archives commission approved 
10.35 	photographic, photostatic, microphotographic, microfilmed, digitally imaged, electronic, 
11.1 	or similarly reproduced copy of the original of the following enumerated documents in the 
11.2 	proceeding are on file in the office. After the file in the proceeding has been closed, only 
11.3 	the following enumerated documents need to be retained:
11.4 	Enumerated original documents:
11.5 	(a) (1) in estates, the jurisdictional petition and proof of publication of the notice 
11.6 	of hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders 
11.7 	directing and confirming sale, mortgage, lease, or for conveyance of real estate; order 
11.8 	setting apart statutory selection; receipts for federal estate taxes and state estate taxes; 
11.9 	orders of distribution and general protection; decrees of distribution; federal estate tax 
11.10 	closing letter, consent to discharge by commissioner of revenue and order discharging 
11.11 	representative; and any amendment of the listed documents. When an estate is deemed 
11.12 	closed as provided in clause (d) paragraph (b), the enumerated documents shall include 
11.13 	all claims of creditors.;
11.14 	(b) (2) in guardianships or conservatorships, the jurisdictional petition and order 
11.15 	for hearing thereof with proof of service; letters; orders directing and confirming sale, 
11.16 	mortgage, lease or for conveyance of real estate; order for restoration to capacity and order 
11.17 	discharging guardian; and any amendment of the listed documents.; and
11.18 	(c) (3) in mental, inebriety, and indigent matters, the jurisdictional petition; report of 
11.19 	examination; warrant of commitment; notice of discharge from institution, or notice of 
11.20 	death and order for restoration to capacity; and any amendment of the listed documents.
11.21 	(d) (b) Except for the enumerated documents described in this subdivision, the 
11.22 	court administrator may destroy all other original documents in any probate proceeding 
11.23 	without retaining any reproduction of the document. For the purpose of this subdivision, 
11.24 	a proceeding is deemed closed if no document has been filed in the proceeding for a 
11.25 	period of 15 years, except in the cases of wills filed for safekeeping and those containing 
11.26 	wills of decedents not adjudicated upon.

11.27 	Sec. 16. Minnesota Statutes 2010, section 525.091, subdivision 3, is amended to read:
11.28 		Subd. 3.Effect of copies. A photographic, photostatic, microphotographic, 
11.29 	microfilmed, digitally imaged, electronic, or similarly reproduced record is of the same 
11.30 	force and effect as the original and may be used as the original document or book of 
11.31 	record in all proceedings.

12.1 	ARTICLE 2
12.2 	WILL AND TRUST CONSTRUCTION REVISION

12.3 	Section 1. Minnesota Statutes 2010, section 524.2-712, is amended to read:
12.4 	524.2-712 DECEDENTS DYING AFTER DECEMBER 31, 2009, AND 
12.5 	BEFORE JANUARY 1, 2011; FORMULA CLAUSES TO BE CONSTRUED TO 
12.6 	REFER TO FEDERAL ESTATE TAX AND FEDERAL GENERATION-SKIPPING 
12.7 	TRANSFER TAX LAWS.
12.8 	(a) A governing instrument, including a will or trust agreement, of a decedent who 
12.9 	dies after December 31, 2009, and before January 1, 2011, that contains a formula or 
12.10 	provision referring to the "unified credit," "estate tax exemption," "applicable exemption 
12.11 	amount," "applicable credit amount," "applicable exclusion amount," "generation-skipping 
12.12 	transfer tax exemption," "GST exemption," "marital deduction," "maximum marital 
12.13 	deduction," "unlimited marital deduction," "inclusion ratio," "applicable fraction," or 
12.14 	any section of the Internal Revenue Code relating to the federal estate tax or federal 
12.15 	generation-skipping transfer tax, or that measures a share of an estate or trust by reference 
12.16 	to federal estate taxes or federal generation-skipping transfer taxes, is deemed to refer to 
12.17 	the federal estate tax and federal generation-skipping transfer tax laws as they applied with 
12.18 	respect to the estates of decedents dying on December 31, 2009. This paragraph does not 
12.19 	apply to a governing instrument, including a will or trust agreement, that manifests an 
12.20 	intent that a contrary rule will apply if the decedent dies on a date on which there is no 
12.21 	then-applicable federal estate or federal generation-skipping transfer tax.
12.22 	(b) If the federal estate or federal generation-skipping transfer tax becomes effective 
12.23 	before January 1, 2011, then the reference to January 1, 2011, in paragraph (a) is deemed 
12.24 	to refer to the first date on which this tax becomes legally effective, instead of January 1, 
12.25 	2011.
12.26 	(c)(b) The personal representative, trustee, or any interested person under the 
12.27 	governing instrument, including a will or trust agreement, may bring a proceeding 
12.28 	to determine whether the decedent intended that a formula or provision described in 
12.29 	paragraph (a) be construed with respect to the law as it existed after December 31, 2009. 
12.30 	This proceeding must be commenced by December 31, 2011., and the court may consider 
12.31 	extrinsic evidence that contradicts the plain meaning of the will, trust, or other governing 
12.32 	instrument. The court may modify a provision of a will, trust, or other governing 
12.33 	instrument that refers to the federal estate tax or generation-skipping transfer tax laws as 
12.34 	described in paragraph (a) to conform the terms to the decedent's intention, or achieve 
12.35 	the decedent's tax objectives in a manner that is not contrary to the decedent's probable 
13.1 	intention. The court may provide that its decision, including any decision to modify 
13.2 	a provision of a will, trust, or other governing instrument, is effective as of the date of 
13.3 	the decedent's death.

13.4 	ARTICLE 3
13.5 	UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

13.6 	Section 1. Minnesota Statutes 2010, section 524.2-1103, is amended to read:
13.7 	524.2-1103 SCOPE.
13.8 	Sections 524.2-1101 to 524.2-1116 apply to disclaimers of any interest in or power 
13.9 	over property, whenever created. Except as provided in section 524.2-1116, sections 
13.10 	524.2-1101 to 524.2-1116 are the exclusive means by which a disclaimer may be made 
13.11 	under Minnesota law regardless of whether it is qualified under section 2518 of the 
13.12 	Internal Revenue Code of 1986 in effect on January 1, 2010 as defined in section 291.005, 
13.13 	subdivision 1, clause (3).

13.14 	Sec. 2. Minnesota Statutes 2010, section 524.2-1104, is amended to read:
13.15 	524.2-1104 TAX-QUALIFIED DISCLAIMER.
13.16 	Notwithstanding any other provision of this chapter, other than section 524.2-1106, 
13.17 	if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated 
13.18 	pursuant to the provisions of section 2518 of the Internal Revenue Code of 1986, as in 
13.19 	effect on January 1, 2010 defined in section 291.005, subdivision 1, clause (3), as never 
13.20 	having been transferred to the disclaimant, then the disclaimer or transfer is effective as a 
13.21 	disclaimer under sections 524.2-1101 to 524.2-1116.

13.22 	Sec. 3. Minnesota Statutes 2010, section 524.2-1106, is amended to read:
13.23 	524.2-1106 WHEN DISCLAIMER IS BARRED OR LIMITED.
13.24 	(a) A disclaimer is barred by a written waiver of the right to disclaim.
13.25 	(b) A disclaimer of an interest in property is barred if any of the following events 
13.26 	occur before the disclaimer becomes effective:
13.27 	(1) the disclaimant accepts the portion of the interest sought to be disclaimed;
13.28 	(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the 
13.29 	portion of the interest sought to be disclaimed or contracts to do so;
13.30 	(3) the portion of the interest sought to be disclaimed is sold pursuant to a judicial 
13.31 	sale; or
13.32 	(4) the disclaimant is insolvent when the disclaimer becomes irrevocable.
14.1 	(c) Acceptance of a distribution from a trust shall constitute acceptance of only 
14.2 	that portion of the beneficial interest in that trust that has been distributed, and shall not 
14.3 	constitute acceptance or bar disclaimer of that portion of the beneficial interest in the trust 
14.4 	that has not yet been distributed.
14.5 	(c) (d) A disclaimer, in whole or in part, of the future exercise of a power held in a 
14.6 	fiduciary capacity is not barred by its previous exercise.
14.7 	(d) (e) A disclaimer, in whole or in part, of the future exercise of a power not held in 
14.8 	a fiduciary capacity is not barred by its previous exercise unless the power is exercisable 
14.9 	in favor of the disclaimant.
14.10 	(e) (f) A disclaimer of an interest in, or a power over, property which is barred by 
14.11 	this section is ineffective.

14.12 	Sec. 4. Minnesota Statutes 2010, section 524.2-1107, is amended to read:
14.13 	524.2-1107 POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN 
14.14 	IRREVOCABLE.
14.15 	(a) A person may disclaim, in whole or in part, any interest in or power over 
14.16 	property, including a power of appointment. A person may disclaim the interest or power 
14.17 	even if its creator imposed a spendthrift provision or similar restriction on transfer or a 
14.18 	restriction or limitation on the right to disclaim.
14.19 	(b) With court approval, a fiduciary may disclaim, in whole or in part, any interest in 
14.20 	or power over property, including a power of appointment when acting in a representative 
14.21 	capacity. Without court approval, a fiduciary may disclaim, in whole or in part, any interest 
14.22 	in or power over property, including a power of appointment, if and to the extent that the 
14.23 	instrument creating the fiduciary relationship explicitly grants the fiduciary the right to 
14.24 	disclaim. With court approval, a custodial parent may disclaim on behalf of a minor child 
14.25 	for whom no conservator has been appointed, in whole or in part, any interest in or power 
14.26 	over property, including a power of appointment, which the minor child is to receive.
14.27 	(c) To be effective, a disclaimer must be in writing, declare the writing as a 
14.28 	disclaimer, describe the interest or power disclaimed, and be signed by the person or 
14.29 	fiduciary making the disclaimer and acknowledged in the manner provided for deeds of 
14.30 	real estate to be recorded in this state. In addition, for a disclaimer to be effective, an 
14.31 	original of the disclaimer must be delivered or filed in the manner provided in section 
14.32 	524.2-1114.
14.33 	(d) A partial disclaimer may be expressed as a fraction, percentage, monetary 
14.34 	amount, specific property, term of years, portion of a beneficial interest in or right to 
15.1 	distributions from a trust, limitation of a power, or any other interest or estate in the 
15.2 	property.
15.3 	(e) A disclaimer becomes irrevocable when the disclaimer is delivered or filed 
15.4 	pursuant to section 524.2-1114 or it becomes effective as provided in sections 524.2-1108 
15.5 	to 524.2-1113, whichever occurs later.
15.6 	(f) A disclaimer made under sections 524.2-1101 to 524.2-1116 is not a transfer, 
15.7 	assignment, or release.

15.8 	Sec. 5. Minnesota Statutes 2010, section 524.2-1114, is amended to read:
15.9 	524.2-1114 DELIVERY OR FILING.
15.10 	(a) Subject to paragraphs (b) to (l), delivery of a disclaimer may be effective 
15.11 	by personal delivery, first-class mail, or any other method that results in its receipt. 
15.12 	A disclaimer sent by first-class mail is deemed to have been delivered on the date it is 
15.13 	postmarked. Delivery by any other method is effective upon receipt by the person to 
15.14 	whom the disclaimer is to be delivered under this section.
15.15 	(b) In the case of a disclaimer of an interest created under the law of intestate 
15.16 	succession or an interest created by will, other than an interest in a testamentary trust:
15.17 	(1) the disclaimer must be delivered to the personal representative of the decedent's 
15.18 	estate; or
15.19 	(2) if no personal representative is serving when the disclaimer is sought to be 
15.20 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
15.21 	venue of administration would be proper.
15.22 	(c) In the case of a disclaimer of an interest in a testamentary trust:
15.23 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
15.24 	delivered or, if no trustee is then serving, to the personal representative of the decedent's 
15.25 	estate; or
15.26 	(2) if no personal representative is serving when the disclaimer is sought to be 
15.27 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
15.28 	venue of administration of the decedent's estate would be proper.
15.29 	(d) In the case of a disclaimer of an interest in an inter vivos trust:
15.30 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
15.31 	delivered;
15.32 	(2) if no trustee is then serving, it must be filed with the clerk of the court in any 
15.33 	county where the filing of a notice of trust would be proper; or
16.1 	(3) if the disclaimer is made before the time the instrument creating the trust becomes 
16.2 	irrevocable, the disclaimer must be delivered to the person with the power to revoke the 
16.3 	revocable trust or the transferor of the interest or to such person's legal representative.
16.4 	(e) In the case of a disclaimer of an interest created by a beneficiary designation made 
16.5 	before the time the designation becomes irrevocable, the disclaimer must be delivered to 
16.6 	the person making the beneficiary designation or to such person's legal representative.
16.7 	(f) In the case of a disclaimer of an interest created by a beneficiary designation 
16.8 	made after the time the designation becomes irrevocable, the disclaimer must be delivered 
16.9 	to the person obligated to distribute the interest.
16.10 	(g) In the case of a disclaimer by a surviving holder of jointly held property, the 
16.11 	disclaimer must be delivered to the person to whom the disclaimed interest passes or, if 
16.12 	such person cannot reasonably be located by the disclaimant, the disclaimer must be 
16.13 	delivered as provided in paragraph (b).
16.14 	(h) In the case of a disclaimer by an object, or taker in default of exercise, of a 
16.15 	power of appointment at any time after the power was created, the disclaimer must be 
16.16 	delivered to:
16.17 	(1) the holder of the power; or
16.18 	(2) the fiduciary acting under the instrument that created the power or, if no fiduciary 
16.19 	is serving when the disclaimer is sought to be delivered, filed with a court having authority 
16.20 	to appoint the fiduciary.
16.21 	(i) In the case of a disclaimer by an appointee of a nonfiduciary power of 
16.22 	appointment, the disclaimer must be delivered to:
16.23 	(1) the holder of the power or the personal representative of the holder's estate; or
16.24 	(2) the fiduciary under the instrument that created the power or, if no fiduciary is 
16.25 	serving when the disclaimer is sought to be delivered, filed with a court having authority 
16.26 	to appoint the fiduciary.
16.27 	(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the 
16.28 	disclaimer must be delivered as provided in paragraph (b), (c), or (d) as if the power 
16.29 	disclaimed were an interest in property.
16.30 	(k) In the case of a disclaimer of a power exercisable by an agent, other than a power 
16.31 	exercisable by a fiduciary over a trust or estate, the disclaimer must be delivered to the 
16.32 	principal or the principal's representative.
16.33 	(l) Notwithstanding paragraph (a), delivery of a disclaimer of an interest in or 
16.34 	relating to real estate shall be presumed upon the recording of the disclaimer in the office 
16.35 	of the clerk of the court county recorder or registrar of titles of the county or counties 
16.36 	where the real estate is located.
17.1 	(m) A fiduciary or other person having custody of the disclaimed interest is not 
17.2 	liable for any otherwise proper distribution or other disposition made without actual 
17.3 	notice of the disclaimer or, if the disclaimer is barred under section 524.2-1106, for any 
17.4 	otherwise proper distribution or other disposition made in reliance on the disclaimer, if 
17.5 	the distribution or disposition is made without actual knowledge of the facts constituting 
17.6 	the bar of the right to disclaim.

17.7 	Sec. 6. Minnesota Statutes 2010, section 524.2-1115, is amended to read:
17.8 	524.2-1115 RECORDING OF DISCLAIMER RELATING TO REAL ESTATE.
17.9 	(a) A disclaimer of an interest in or relating to real estate does not provide 
17.10 	constructive notice to all persons unless the disclaimer contains a legal description of the 
17.11 	real estate to which the disclaimer relates and unless the disclaimer is filed for recording
17.12 	recorded in the office of the county recorder or registrar of titles in the county or counties 
17.13 	where the real estate is located.
17.14 	(b) An effective disclaimer meeting the requirements of paragraph (a) constitutes 
17.15 	constructive notice to all persons from the time of filing recording. Failure to record the 
17.16 	disclaimer does not affect its validity as between the disclaimant and persons to whom the 
17.17 	property interest or power passes by reason of the disclaimer.

17.18 	Sec. 7. Minnesota Statutes 2010, section 524.2-1116, is amended to read:
17.19 	524.2-1116 APPLICATION TO EXISTING RELATIONSHIPS.
17.20 	Except as otherwise provided in section 524.2-1106, an Sections 524.2-1101 to 
17.21 	524.2-1116 apply to disclaimers of any interest in or power over property existing on 
17.22 	January 1, 2010, as to which the time for delivering or filing a disclaimer under laws 
17.23 	superseded by sections 524.2-1101 to 524.2-1116 has not expired, may be disclaimed 
17.24 	after January 1, 2010 whenever created.

17.25 	ARTICLE 4
17.26 	PROTECTED PERSONS AND WARDS

17.27 	Section 1. Minnesota Statutes 2010, section 524.5-502, is amended to read:
17.28 	524.5-502 COMPENSATION AND EXPENSES.
17.29 	(a) The court may authorize a proceeding under this article to proceed in forma 
17.30 	pauperis, as provided in chapter 563.
17.31 	(b) In proceedings under this article, a lawyer or health professional rendering 
17.32 	necessary services with regard to the appointment of a guardian or conservator, the 
18.1 	administration of the ward's or protected person's estate or personal affairs, or the 
18.2 	restoration of that person's capacity or termination of the protective proceeding shall be 
18.3 	entitled to compensation from the ward's or protected person's estate or from the county 
18.4 	having jurisdiction over the proceedings if the ward or protected person is indigent. When 
18.5 	the court determines that other necessary services have been provided for the benefit of the 
18.6 	ward or protected person by a lawyer or health professional, the court may order fees to be 
18.7 	paid from the estate of the ward or protected person or from the county having jurisdiction 
18.8 	over the proceedings if the ward or protected person is indigent. If, however, the court 
18.9 	determines that a petitioner, guardian, or conservator has not acted in good faith, the court 
18.10 	shall order some or all of the fees or costs incurred in the proceedings to be borne by the 
18.11 	petitioner, guardian, or conservator not acting in good faith. In determining compensation 
18.12 	for a guardian or conservator of an indigent person, the court shall consider a fee schedule 
18.13 	recommended by the Board of County Commissioners. The fee schedule may also include 
18.14 	a maximum compensation based on the living arrangements of the ward or protected 
18.15 	person. If these services are provided by a public or private agency, the county may 
18.16 	contract on a fee-for-service basis with that agency.
18.17 	(c) When the court determines that a guardian or conservator has rendered necessary 
18.18 	services or has incurred necessary expenses for the benefit of the ward or protected person, 
18.19 	the court may order reimbursement or compensation to be paid from the estate of the 
18.20 	ward or protected person or from the county having jurisdiction over the guardianship 
18.21 	or protective proceeding if the ward or protected person is indigent. The court may not 
18.22 	deny an award of fees solely because the ward or protected person is a recipient of 
18.23 	medical assistance. In determining compensation for a guardian or conservator of an 
18.24 	indigent person, the court shall consider a fee schedule recommended by the Board of 
18.25 	County Commissioners. The fee schedule may also include a maximum compensation 
18.26 	based on the living arrangements of the ward or protected person. If these services are 
18.27 	provided by a public or private agency, the county may contract on a fee-for-service 
18.28 	basis with that agency.
18.29 	(d) The court shall order reimbursement or compensation if the guardian or 
18.30 	conservator requests payment and the guardian or conservator was nominated by the court 
18.31 	or by the county adult protection unit because no suitable relative or other person was 
18.32 	available to provide guardianship or protective proceeding services necessary to prevent 
18.33 	maltreatment of a vulnerable adult, as defined in section 626.5572, subdivision 15. In 
18.34 	determining compensation for a guardian or conservator of an indigent person, the court 
18.35 	shall consider a fee schedule recommended by the Board of County Commissioners. The 
18.36 	fee schedule may also include a maximum compensation based on the living arrangements 
19.1 	of the ward or protected person. If these services are provided by a public or private 
19.2 	agency, the county may contract on a fee-for-service basis with that agency.
19.3 	(e) When a county employee serves as a guardian or conservator as part of 
19.4 	employment duties, the court shall order compensation if the guardian or conservator 
19.5 	performs necessary services that are not compensated by the county. The court may order 
19.6 	reimbursement to the county from the ward's or protected person's estate for compensation 
19.7 	paid by the county for services rendered by a guardian or conservator who is a county 
19.8 	employee but only if the county shows that after a diligent effort it was unable to arrange 
19.9 	for an independent guardian or conservator.

19.10 	ARTICLE 5
19.11 	RECEIVERSHIPS

19.12 	Section 1. [576.21] DEFINITIONS.
19.13 	(a) The definitions in this section apply throughout this chapter unless the context 
19.14 	requires otherwise.
19.15 	(b) "Court" means the district court in which the receivership is pending unless 
19.16 	the context requires otherwise.
19.17 	(c) "Entity" means a person other than a natural person.
19.18 	(d) "Executory contract" means a contract, including a lease, where the obligations 
19.19 	of both the respondent and the other party to the contract are unperformed to the extent 
19.20 	that the failure of either party to complete performance of its obligations would constitute 
19.21 	a material breach of the contract, thereby excusing the other party's performance of its 
19.22 	obligations under the contract.
19.23 	(e) "Foreign receiver" means a receiver appointed in any foreign jurisdiction.
19.24 	(f) "Foreign jurisdiction" means any state or federal jurisdiction other than that of 
19.25 	this state.
19.26 	(g) "General receiver" means the receiver appointed in a general receivership.
19.27 	(h) "General receivership" means a receivership over all or substantially all of 
19.28 	the nonexempt property of a respondent for the purpose of liquidation and distribution 
19.29 	to creditors and other parties in interest, including, without limitation, a receivership 
19.30 	resulting from the appointment of a receiver pursuant to section 302A.753, 308A.945, 
19.31 	308B.935, 317A.753, or 322B.836.
19.32 	(i) "Lien" means a charge against or interest in property to secure payment of a debt 
19.33 	or the performance of an obligation, including any mortgage or security interest.
19.34 	(j) "Limited receiver" means the receiver appointed in a limited receivership.
19.35 	(k) "Limited receivership" means a receivership other than a general receivership.
20.1 	(l) "Party" means a person who is a party within the meaning of the Minnesota Rules 
20.2 	of Civil Procedure in the action in which a receiver is appointed.
20.3 	(m) "Party in interest" includes the respondent, any equity security holder in the 
20.4 	respondent, any person with an ownership interest in or lien on receivership property, and, 
20.5 	in a general receivership, any creditor of the respondent.
20.6 	(n) "Person" has the meaning given it in section 645.44 and shall include limited 
20.7 	liability companies, limited liability partnerships, and other entities recognized under 
20.8 	the laws of this state.
20.9 	(o) "Property" means all of respondent's right, title, and interest, both legal and 
20.10 	equitable, in real and personal property, regardless of the manner by which any of the 
20.11 	same were or are acquired. Property includes, but is not limited to, any proceeds, products, 
20.12 	offspring, rents, or profits of or from the property. Property does not include: (1) any power 
20.13 	that the respondent may exercise solely for the benefit of another person, or (2) property 
20.14 	impressed with a trust except to the extent that the respondent has a residual interest.
20.15 	(p) "Receiver" means a person appointed by the court as the court's agent, and 
20.16 	subject to the court's direction, to take possession of, manage, and, if authorized by this 
20.17 	chapter or order of the court, dispose of receivership property.
20.18 	(q) "Receivership" means the case in which the receiver is appointed, and, as the 
20.19 	context requires, the proceeding in which the receiver takes possession of, manages, 
20.20 	or disposes of the respondent's property.
20.21 	(r) "Receivership property" means (1) in the case of a general receivership, all 
20.22 	or substantially all of the nonexempt property of the respondent, or (2) in the case of a 
20.23 	limited receivership, that property of the respondent identified in the order appointing 
20.24 	the receiver, or in any subsequent order.
20.25 	(s) "Respondent" means the person over whose property the receiver is appointed.
20.26 	(t) "State agent" and "state agency" mean any office, department, division, bureau, 
20.27 	board, commission, or other agency of the state of Minnesota or of any subdivision thereof, 
20.28 	or any individual acting in an official capacity on behalf of any state agent or state agency.
20.29 	(u) "Time of appointment" means the date and time specified in the first order 
20.30 	of appointment of a receiver or, if the date and time are not specified in the order of 
20.31 	appointment, the date and time that the court ruled on the motion for the appointment of 
20.32 	a receiver. Time of appointment does not mean any subsequent date or time, including 
20.33 	the execution of a written order, the filing or docketing of a written order, or the posting 
20.34 	of a bond.
20.35 	(v) "Utility" means a person providing any service regulated by the Public Utilities 
20.36 	Commission.

21.1 	Sec. 2. [576.22] APPLICABILITY OF CHAPTER AND OF COMMON LAW.
21.2 	(a) This chapter applies to receiverships provided for in section 576.25, subdivisions 
21.3 	2 to 6, and to receiverships:
21.4 	(1) pursuant to section 193.147, in connection with a mortgage on an armory;
21.5 	(2) pursuant to section 223.17, subdivision 8, paragraph (b), in connection with 
21.6 	a defaulting grain buyer;
21.7 	(3) pursuant to section 232.22, subdivision 7, paragraph (c), in connection with a 
21.8 	defaulting public grain warehouse;
21.9 	(4) pursuant to section 296A.22, in connection with nonpayment of tax;
21.10 	(5) pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or 322B.836, 
21.11 	in an action relating to the dissolution of an entity and relating to, in like cases, property 
21.12 	within the state of foreign entities;
21.13 	(6) pursuant to section 321.0703, in connection with the rights of a creditor of a 
21.14 	partner or transferee;
21.15 	(7) pursuant to section 322.22, in connection with the rights of creditors of limited 
21.16 	partners;
21.17 	(8) pursuant to section 323A.0504, in connection with a partner's transferable 
21.18 	interest;
21.19 	(9) pursuant to section 453.55, in connection with bonds and notes;
21.20 	(10) pursuant to section 453A.05, in connection with bonds and notes;
21.21 	(11) pursuant to section 513.47, in connection with a proceeding for relief with 
21.22 	respect to a transfer fraudulent as to a creditor or creditors;
21.23 	(12) pursuant to section 514.06, in connection with the severance of a building 
21.24 	and resale;
21.25 	(13) pursuant to section 515.23, in connection with an action by a unit owners' 
21.26 	association to foreclose a lien for nonpayment of delinquent assessments against 
21.27 	condominium units;
21.28 	(14) pursuant to section 518A.71, in connection with the failure to pay, or to provide 
21.29 	security for, maintenance or support payments;
21.30 	(15) pursuant to section 559.17, in connection with assignments of rents; however, 
21.31 	any receiver appointed under section 559.17 shall be a limited receiver, and the court shall 
21.32 	apply the provisions of this chapter to the extent not inconsistent with section 559.17;
21.33 	(16) pursuant to section 571.84, in connection with a garnishee in possession of 
21.34 	property subject to a garnishment proceeding;
21.35 	(17) pursuant to section 575.05, in connection with property applied to judgment;
21.36 	(18) pursuant to section 575.06, in connection with adverse claimants;
22.1 	(19) pursuant to sections 582.05 to 582.10, in connection with mortgage 
22.2 	foreclosures; however, any receiver appointed under sections 582.05 to 585.10 shall be a 
22.3 	limited receiver, and the court shall apply the provisions of this chapter to the extent not 
22.4 	inconsistent with sections 582.05 to 582.10;
22.5 	(20) pursuant to section 609.904, in connection with criminal penalties; or
22.6 	(21) pursuant to section 609.907, in connection with preservation of property 
22.7 	subject to forfeiture.
22.8 	(b) This chapter does not apply to any receivership in which the receiver is a state 
22.9 	agency or in which the receiver is appointed, controlled, or regulated by a state agency 
22.10 	unless otherwise provided by law.
22.11 	(c) In receiverships not specifically referenced in paragraph (a) or (b), the court, in 
22.12 	its discretion, may apply provisions of this chapter to the extent not inconsistent with 
22.13 	the statutes establishing the receiverships.
22.14 	(d) Unless explicitly displaced by this chapter, the provisions of other statutory law 
22.15 	and the principles of common law remain in full force and effect and supplement the 
22.16 	provisions of this chapter.

22.17 	Sec. 3. [576.23] POWERS OF THE COURT.
22.18 	The court has the exclusive authority to direct the receiver and the authority over 
22.19 	all receivership property wherever located including, without limitation, authority 
22.20 	to determine all controversies relating to the collection, preservation, improvement, 
22.21 	disposition, and distribution of receivership property, and all matters otherwise arising 
22.22 	in or relating to the receivership, the receivership property, the exercise of the receiver's 
22.23 	powers, or the performance of the receiver's duties.

22.24 	Sec. 4. [576.24] TYPES OF RECEIVERSHIPS.
22.25 	A receivership may be either a limited receivership or a general receivership. 
22.26 	Any receivership which is based upon the enforcement of an assignment of rents or 
22.27 	leases, or the foreclosure of a mortgage lien, judgment lien, mechanic's lien, or other lien 
22.28 	pursuant to which the respondent or any holder of a lien would have a statutory right of 
22.29 	redemption, shall be a limited receivership. If the order appointing the receiver does 
22.30 	not specify whether the receivership is a limited receivership or a general receivership, 
22.31 	the receivership shall be a limited receivership unless and until the court by later order 
22.32 	designates the receivership as a general receivership, notwithstanding that pursuant to 
22.33 	section 576.25, subdivision 8, a receiver may have control over all the property of the 
23.1 	respondent. At any time, the court may order a general receivership to be converted to a 
23.2 	limited receivership and a limited receivership to be converted to a general receivership.

23.3 	Sec. 5. [576.25] APPOINTMENT OF RECEIVERS; RECEIVERSHIP NOT A 
23.4 	TRUST.
23.5 		Subdivision 1.No necessity of separate action. A receiver may be appointed under 
23.6 	this chapter whether or not the motion for appointment of a receiver is combined with, or 
23.7 	is ancillary to, an action seeking a money judgment.
23.8 		Subd. 2.Before judgment. Except where judgment for failure to answer may be 
23.9 	had without application to the court, a limited receiver may be appointed before judgment 
23.10 	to protect any party to an action who demonstrates an apparent right to property that is the 
23.11 	subject of the action and is in the possession of an adverse party, and that the property or 
23.12 	its rents and profits are in danger of loss or material impairment.
23.13 		Subd. 3.In a judgment or after judgment. A limited or general receiver may be 
23.14 	appointed in a judgment or after judgment to carry the judgment into effect, to preserve 
23.15 	property pending an appeal, or when an execution has been returned unsatisfied and the 
23.16 	judgment debtor refuses to apply the property in satisfaction of the judgment.
23.17 		Subd. 4.Entities. In addition to those situations specifically provided for in statute, 
23.18 	a limited or general receiver may be appointed when a corporation or other entity is 
23.19 	dissolved, insolvent, in imminent danger of insolvency, or has forfeited its corporate rights 
23.20 	and in like cases of the property within the state of foreign corporations and other entities.
23.21 		Subd. 5.Appointment of receiver of mortgaged property. (a) A limited 
23.22 	receiver shall be appointed at any time after the commencement of mortgage foreclosure 
23.23 	proceedings under chapter 580 or 581 and before the end of the period for redemption, if 
23.24 	the mortgage being foreclosed:
23.25 	(1) secures an original principal amount of $100,000 or more or is a lien upon 
23.26 	residential real estate containing more than four dwelling units; and
23.27 	(2) is not a lien upon property that was entirely homesteaded, residential real 
23.28 	estate containing four or fewer dwelling units where at least one unit is homesteaded, 
23.29 	or agricultural property.
23.30 	The foreclosing mortgagee or the purchaser at foreclosure sale may at any time bring an 
23.31 	action in the district court of the county in which the mortgaged property or any part 
23.32 	thereof is located for the appointment of a receiver; provided, however, if the foreclosure 
23.33 	is by action under chapter 581, a separate action need not be filed.
23.34 	(b) The court shall appoint a receiver upon a showing that the mortgagor has 
23.35 	breached a covenant contained in the mortgage relating to any of the following:
24.1 	(1) application of tenant security deposits as required by section 504B.178;
24.2 	(2) payment when due of prior or current real estate taxes or special assessments 
24.3 	with respect to the mortgaged property or the periodic escrow for the payment of the 
24.4 	taxes or special assessments;
24.5 	(3) payment when due of premiums for insurance of the type required by the 
24.6 	mortgage or the periodic escrow for the payment of the premiums; or
24.7 	(4) keeping of the covenants required of a landlord or licensor pursuant to section 
24.8 	504B.161, subdivision 1.
24.9 	(c) The receiver shall be or shall retain an experienced property manager.
24.10 	(d) The receiver shall collect the rents, profits, and all other income of any kind. 
24.11 	The receiver, after providing for payment of its reasonable fees and expenses, shall, to 
24.12 	the extent possible and in the order determined by the receiver to preserve the value of 
24.13 	the mortgaged property:
24.14 	(1) manage the mortgaged property so as to prevent waste;
24.15 	(2) execute contracts and leases within the period of the receivership, or beyond the 
24.16 	period of the receivership if approved by the court;
24.17 	(3) pay the expenses listed in paragraph (b), clauses (1) to (3);
24.18 	(4) pay all expenses for normal maintenance of the mortgaged property; and
24.19 	(5) perform the terms of any assignment of rents that complies with section 559.17, 
24.20 	subdivision 2.
24.21 	(e) The purchaser at a foreclosure sale shall have the right, at any time and without 
24.22 	limitation as provided in section 582.03, to advance money to the receiver to pay any or 
24.23 	all of the expenses that the receiver should otherwise pay if cash were available from 
24.24 	the mortgaged property. Sums so advanced, with interest, shall be a part of the sum 
24.25 	required to be paid to redeem from the sale. The sums shall be proved by the affidavit of 
24.26 	the purchaser, an agent, or attorney, stating the expenses and describing the mortgaged 
24.27 	property. The affidavit shall be furnished to the sheriff in the manner of expenses claimed 
24.28 	under section 582.03.
24.29 	(f) Any sums collected that remain in the possession of the receiver at the 
24.30 	termination of the receivership shall, in the event the termination of the receivership is 
24.31 	due to the reinstatement of the mortgage debt or redemption of the mortgaged property by 
24.32 	the mortgagor, be paid to the mortgagor; and in the event termination of the receivership 
24.33 	occurs at the end of the period of redemption without redemption by the mortgagor 
24.34 	or any other party entitled to redeem, interest accrued upon the sale price pursuant to 
24.35 	section 580.23 or 581.10 shall be paid to the purchaser at the foreclosure sale. Any net 
24.36 	sum remaining shall be paid to the mortgagor, except if the receiver was enforcing an 
25.1 	assignment of rents that complies with section 559.17, subdivision 2, in which case any 
25.2 	net sum remaining shall be paid pursuant to the terms of the assignment.
25.3 	(g) This subdivision applies to all mortgages executed on or after August 1, 1977, 
25.4 	and to amendments or modifications thereto, and to amendments or modifications made on 
25.5 	or after August 1, 1977, to mortgages executed before August 1, 1977, if the amendment 
25.6 	or modification is duly recorded and is for the principle purpose of curing a default.
25.7 		Subd. 6.Other cases. A receiver may be appointed in other cases as are provided 
25.8 	by law, or in accord with existing practice, except as otherwise prescribed.
25.9 		Subd. 7.Motion for appointment of receiver. The court may appoint a receiver 
25.10 	upon a motion with notice to the respondent, to all other parties in the action, and to 
25.11 	parties in interest and other persons as the court may require. Notice shall also be given 
25.12 	to any judgment creditor who is seeking the appointment of a receiver in any other 
25.13 	action. A motion to appoint a general receiver shall be treated as a dispositive motion. 
25.14 	The court may appoint a receiver ex parte or on shortened notice on a temporary basis 
25.15 	if it is clearly shown that an emergency exists requiring the immediate appointment of 
25.16 	a receiver. In that event, the court shall set a hearing as soon as practicable and at the 
25.17 	subsequent hearing, the burdens of proof shall be as would be applicable to a motion made 
25.18 	on notice that is not expedited.
25.19 		Subd. 8.Description of receivership property. The order appointing the receiver 
25.20 	or subsequent order shall describe the receivership property with particularity appropriate 
25.21 	to the circumstances. If the order does not so describe the receivership property, until 
25.22 	further order of the court, the receiver shall have control over all of the respondent's 
25.23 	nonexempt property.
25.24 		Subd. 9.Receivership not a trust. The order appointing the receiver does not 
25.25 	create a trust.

25.26 	Sec. 6. [576.26] ELIGIBILITY OF RECEIVER.
25.27 		Subdivision 1.Who may serve as receiver. Unless otherwise prohibited by law or 
25.28 	prior order, any person, whether or not a resident of this state, may serve as a receiver, 
25.29 	provided that the court, in its order appointing the receiver, makes written conclusions 
25.30 	based in the record that the person proposed as receiver:
25.31 	(1) is qualified to serve as receiver and as an officer of the court; and
25.32 	(2) is independent as to the parties and the underlying dispute.
25.33 		Subd. 2.Considerations regarding qualifications. (a) In determining whether a 
25.34 	proposed receiver is qualified to serve as receiver and as an officer of the court, the court 
25.35 	shall consider any relevant information, including, but not limited to, whether:
26.1 	(1) the proposed receiver has knowledge and experience sufficient to perform the 
26.2 	duties of receiver;
26.3 	(2) the proposed receiver has the financial ability to post the bond required by 
26.4 	section 576.07;
26.5 	(3) the proposed receiver or any insider of the proposed receiver has been previously 
26.6 	disqualified from serving as receiver and the reasons for disqualification;
26.7 	(4) the proposed receiver or any insider of the proposed receiver has been convicted 
26.8 	of a felony or other crime involving moral turpitude; and
26.9 	(5) the proposed receiver or any insider of the proposed receiver has been found 
26.10 	liable in a civil court for fraud, breach of fiduciary duty, civil theft, or similar misconduct.
26.11 	(b) For the purposes of this subdivision, "insider" includes:
26.12 	(1) if the proposed receiver is a corporation, an officer or director of the corporation, 
26.13 	or a person in control of the proposed receiver; and
26.14 	(2) if the proposed receiver is a partnership, a general or limited partner of the 
26.15 	partnership, or a person in control of the proposed receiver.
26.16 		Subd. 3.Considerations regarding independence. (a) In determining whether a 
26.17 	proposed receiver is independent as to the parties and the underlying dispute, the court 
26.18 	shall consider any relevant information, including, but not limited to:
26.19 	(1) the nature and extent of any relationship that the proposed receiver has to the 
26.20 	parties and the property proposed as receivership property including, without limitation, 
26.21 	whether the proposed receiver is a party to the action, a family member of a party to 
26.22 	the action, or an officer, director, member, employee, or owner of or controls a party 
26.23 	to the action;
26.24 	(2) whether the proposed receiver has any interest materially adverse to the interests 
26.25 	of any of the parties to the action;
26.26 	(3) whether the proposed receiver has any material financial or pecuniary interest, 
26.27 	other than receiver compensation allowed by court order, in the outcome of the underlying 
26.28 	dispute, including any proposed contingent or success fee compensation arrangement; and
26.29 	(4) whether the proposed receiver is a debtor, secured or unsecured creditor, lienor 
26.30 	of, or holder of any equity interest in, any of the parties to the action of the receivership 
26.31 	property.
26.32 	(b) In evaluating all information, the court may exercise its discretion and need not 
26.33 	consider any single item of information to be determinative of independence. Without 
26.34 	limiting the generality of the preceding sentence, the proposed receiver shall not be 
26.35 	disqualified solely because the proposed receiver was appointed receiver in other unrelated 
26.36 	matters involving any of the parties to the matter in which the appointment is sought, or 
27.1 	the proposed receiver has been engaged by any of the parties to the action in matters 
27.2 	unrelated to the underlying action.
27.3 		Subd. 4.Information provided to court. The proposed receiver, the parties, and 
27.4 	prospective parties in interest may provide any information relevant to the qualifications, 
27.5 	independence, and the selection of the receiver.

27.6 	Sec. 7. [576.27] BOND.
27.7 	After appointment, a receiver shall give a bond in the sum, nature, and with the 
27.8 	conditions that the court shall order in its discretion consistent with section 574.11. Unless 
27.9 	otherwise ordered by the court, the receiver's bond shall be conditioned on the receiver's 
27.10 	faithful discharge of its duties in accordance with the orders of the court and the laws of 
27.11 	this state. The receiver shall execute a bond with a surety authorized to write bonds in 
27.12 	the state.

27.13 	Sec. 8. [576.28] IMMUNITY; DISCOVERY FROM RECEIVER.
27.14 	(a) The receiver shall be entitled to all defenses and immunities provided at common 
27.15 	law for acts or omissions within the scope of the receiver's appointment.
27.16 	(b) No person other than a successor receiver duly appointed by the court shall have 
27.17 	a right of action against a receiver to recover receivership property or the value thereof.
27.18 	(c) A party or party in interest may conduct discovery of the receiver concerning any 
27.19 	matter relating to the receiver's administration of the receivership property after obtaining 
27.20 	an order authorizing the discovery.

27.21 	Sec. 9. [576.29] POWERS AND DUTIES OF RECEIVERS; GENERALLY.
27.22 		Subdivision 1.Powers. (a) A receiver, whether general or limited, shall have the 
27.23 	following powers in addition to those specifically conferred by this chapter or otherwise 
27.24 	by statute, rule, or order of the court:
27.25 	(1) the power to collect, control, manage, conserve, and protect receivership 
27.26 	property;
27.27 	(2) the power to incur and pay expenses incidental to the receiver's exercise of the 
27.28 	powers or otherwise in the performance of the receiver's duties;
27.29 	(3) the power to assert rights, claims, causes of action, or defenses that relate to 
27.30 	receivership property; and
27.31 	(4) the power to seek and obtain instruction from the court with respect to any 
27.32 	matter relating to the receivership property, the exercise of the receiver's powers, or the 
27.33 	performance of the receiver's duties.
28.1 	(b) In addition to the powers provided in paragraph (a), a general receiver shall 
28.2 	have the power:
28.3 	(1) to (i) assert any rights, claims, causes of action, or defenses of the respondent to 
28.4 	the extent any rights, claims, causes of action, or defenses are receivership property; (ii) 
28.5 	maintain in the receiver's name or in the name of the respondent any action to enforce 
28.6 	any right, claim, cause of action, or defense; and (iii) intervene in actions in which the 
28.7 	respondent is a party for the purpose of exercising the powers under this clause or 
28.8 	requesting transfer of venue of the action to the court;
28.9 	(2) to pursue any claim or remedy that may be asserted by a creditor of the 
28.10 	respondent under sections 513.41 to 513.51;
28.11 	(3) to compel any person, including the respondent, and any party, by subpoena 
28.12 	pursuant to Rule 45 of the Minnesota Rules of Civil Procedure, to give testimony or to 
28.13 	produce and permit inspection and copying of designated books, documents, electronically 
28.14 	stored information, or tangible things with respect to receivership property or any other 
28.15 	matter that may affect the administration of the receivership;
28.16 	(4) to operate any business constituting receivership property in the ordinary course 
28.17 	of the business, including the use, sale, or lease of property of the business or otherwise 
28.18 	constituting receivership property, and the incurring and payment of expenses of the 
28.19 	business or other receivership property;
28.20 	(5) if authorized by an order of the court following notice and a hearing, to use, 
28.21 	improve, sell, or lease receivership property other than in the ordinary course of business; 
28.22 	and
28.23 	(6) if appointed pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or 
28.24 	322B.836, to exercise all of the powers and authority provided by the section or order of 
28.25 	the court.
28.26 		Subd. 2.Duties. A receiver, whether general or limited, shall have the duties 
28.27 	specifically conferred by this chapter or otherwise by statute, rule, or order of the court.
28.28 		Subd. 3.Modification of powers and duties. Except as otherwise provided in this 
28.29 	chapter, the court may modify the powers and duties of a receiver provided by this section.

28.30 	Sec. 10. [576.30] RECEIVER AS LIEN CREDITOR; REAL ESTATE 
28.31 	RECORDING; SUBSEQUENT SALES OF REAL ESTATE.
28.32 		Subdivision 1.Receiver as lien creditor. As of the time of appointment, the 
28.33 	receiver shall have the powers and priority as if it were a creditor that obtained a judicial 
28.34 	lien at the time of appointment pursuant to sections 548.09 and 550.10 on all of the 
29.1 	receivership property, subject to satisfying the recording requirements as to real property 
29.2 	described in subdivision 2.
29.3 		Subd. 2.Real estate recording. If any interest in real estate is included in the 
29.4 	receivership property, a notice of lis pendens shall be recorded as soon as practicable with 
29.5 	the county recorder or registrar of titles, as appropriate, of the county in which the real 
29.6 	property is located. The priority of the receiver as lien creditor against real property shall 
29.7 	be from the time of recording of the notice of lis pendens, except as to persons with actual 
29.8 	or implied knowledge of the appointment under section 507.34.
29.9 		Subd. 3.Subsequent sales of real estate. The notice of lis pendens, a court order 
29.10 	authorizing the receiver to sell real property certified by the court administrator, and 
29.11 	a deed executed by the receiver recorded with the county recorder or registrar of titles, 
29.12 	as appropriate, of the county in which the real property is located, and upon execution 
29.13 	of the deed by the receiver shall be prima facie evidence of the authority of the receiver 
29.14 	to sell and convey the real property described in the deed. The court may also require a 
29.15 	motion for an order for sale of the real property or a motion for an order confirming 
29.16 	sale of the real property.

29.17 	Sec. 11. [576.31] DUTIES OF RESPONDENT.
29.18 	The respondent shall:
29.19 	(1) assist and cooperate fully with the receiver in the administration of the 
29.20 	receivership and the receivership property and the discharge of the receiver's duties, and 
29.21 	comply with all orders of the court;
29.22 	(2) immediately upon the receiver's appointment, deliver to the receiver all of the 
29.23 	receivership property in the respondent's possession, custody, or control, including, but not 
29.24 	limited to, all books and records, electronic data, passwords, access codes, statements of 
29.25 	accounts, deeds, titles or other evidence of ownership, financial statements, and all other 
29.26 	papers and documents related to the receivership property;
29.27 	(3) supply to the receiver information as requested relating to the administration 
29.28 	of the receivership and the receivership property, including information necessary to 
29.29 	complete any reports or other documents that the receiver may be required to file; and
29.30 	(4) remain responsible for the filing of all tax returns, including those returns 
29.31 	applicable to periods which include those in which the receivership is in effect.

29.32 	Sec. 12. [576.32] EMPLOYMENT AND COMPENSATION OF 
29.33 	PROFESSIONALS.
30.1 		Subdivision 1.Employment. (a) To represent or assist the receiver in carrying 
30.2 	out the receiver's duties, the receiver may employ attorneys, accountants, appraisers, 
30.3 	auctioneers, and other professionals that do not hold or represent an interest adverse 
30.4 	to the receivership.
30.5 	(b) This section does not require prior court approval for the retention of 
30.6 	professionals. However, any professional to be retained shall provide the receiver with a 
30.7 	disclosure of any potential conflicts of interest, and the professional or the receiver shall 
30.8 	file with the court a notice of the retention and of the proposed compensation. Any party 
30.9 	in interest may bring a motion for disapproval of any retention within 21 days after the 
30.10 	filing of the notice of retention.
30.11 	(c) A person is not disqualified for employment under this section solely because 
30.12 	of the person's employment by, representation of, or other relationship with the receiver, 
30.13 	respondent, a creditor, or other party in interest if the court determines that the employment 
30.14 	is appropriate.
30.15 		Subd. 2.Compensation. (a) The receiver and any professional retained by the 
30.16 	receiver shall be paid by the receiver from the receivership property in the same manner 
30.17 	as other expenses of administration and without separate orders, but subject to the 
30.18 	procedures, safeguards, and reporting that the court may order.
30.19 	(b) Except to the extent fees and expenses have been approved by the court, or as 
30.20 	to parties in interest who are deemed to have waived the right to object, any interim 
30.21 	payments of fees and expenses to the receiver are subject to approval in connection with 
30.22 	the receiver's final report pursuant to section 576.38.

30.23 	Sec. 13. [576.33] SCHEDULES OF PROPERTY AND CLAIMS.
30.24 	(a) The court may order the respondent or a general receiver to file under oath to 
30.25 	the best of its actual knowledge:
30.26 	(1) a schedule of all receivership property and exempt property of the respondent, 
30.27 	describing, as of the time of appointment: (i) the location of the property and, if real 
30.28 	property, a legal description thereof; (ii) a description of all liens to which the property is 
30.29 	subject; and (iii) an estimated value of the property; and
30.30 	(2) a schedule of all creditors and taxing authorities and regulatory authorities which 
30.31 	supervise the respondent, their mailing addresses, the amount and nature of their claims, 
30.32 	whether the claims are secured by liens of any kind, and whether the claims are disputed.
30.33 	(b) The court may order inventories and appraisals if appropriate to the receivership.

30.34 	Sec. 14. [576.34] NOTICE.
31.1 	In a general receivership, unless the court orders otherwise, the receiver shall give 
31.2 	notice of the receivership to all creditors and other parties in interest actually known 
31.3 	to the receiver by mail or other means of transmission within 21 days after the time of 
31.4 	appointment. The notice of the receivership shall include the time of appointment and the 
31.5 	names and addresses of the respondent, the receiver, and the receiver's attorney, if any.

31.6 	Sec. 15. [576.35] NOTICES, MOTIONS, AND ORDERS.
31.7 		Subdivision 1.Notice of appearance. Any party in interest may make an 
31.8 	appearance in a receivership by filing a written notice of appearance, including the name, 
31.9 	mailing address, fax number, e-mail address, if any, and telephone number of the party in 
31.10 	interest and its attorney, if any, and by serving a copy on the receiver and the receiver's 
31.11 	attorney, if any. It is not necessary for a party in interest to be joined as a party to be heard 
31.12 	in the receivership. A proof of claim does not constitute a written notice of appearance.
31.13 		Subd. 2.Master service list. From time to time the receiver shall file an updated 
31.14 	master service list consisting of the names, mailing addresses, and, where available, fax 
31.15 	numbers and e-mail addresses of the respondent, the receiver, all persons joined as parties 
31.16 	in the receivership, all persons known by the receiver to have asserted any ownership 
31.17 	or lien in receivership property, all persons who have filed a notice of appearance in 
31.18 	accordance with this section, and their attorneys, if any.
31.19 		Subd. 3.Motions. Except as otherwise provided in this chapter, an order shall be 
31.20 	sought by a motion brought in compliance with the Minnesota Rules of Civil Procedure 
31.21 	and the General Rules of Practice for the District Courts.
31.22 		Subd. 4.Persons served. Except as otherwise provided in this chapter, a motion 
31.23 	shall be served as provided in the Minnesota Rules of Civil Procedure, unless the court 
31.24 	orders otherwise, on all persons on the master service list, all persons who have asserted 
31.25 	an ownership interest or lien in receivership property that is the subject of the motion, 
31.26 	all persons who are identified in the motion as directly affected by the relief requested, 
31.27 	and other persons as the court may direct.
31.28 		Subd. 5.Service on state agency. Any request for relief against a state agency shall 
31.29 	be served as provided in the Minnesota Rules of Civil Procedure, unless the court orders 
31.30 	otherwise, on the specific state agency and on the Office of the Attorney General.
31.31 		Subd. 6.Order without hearing. Where a provision in this chapter, an order issued 
31.32 	in the receivership, or a court rule requires an objection or other response to a motion or 
31.33 	application within a specific time, and no objection or other response is interposed, the 
31.34 	court may grant the relief requested without a hearing.
32.1 		Subd. 7.Order upon application. Where a provision of this chapter permits, as to 
32.2 	administrative matters, or where it otherwise appears that no party in interest would be 
32.3 	materially prejudiced, the court may issue an order ex parte or based on an application 
32.4 	without a motion, notice, or hearing.
32.5 		Subd. 8.Persons bound by orders of the court. Except as to persons entitled to be 
32.6 	served pursuant to subdivision 4 and who were not served, an order of the court binds 
32.7 	parties in interest and all persons who file notices of appearance, submit proofs of claim, 
32.8 	receive written notice of the receivership, receive notice of any motion in the receivership, 
32.9 	or who have actual knowledge of the receivership whether they are joined as parties or 
32.10 	received notice of the specific motion or order.

32.11 	Sec. 16. [576.36] RECORDS; INTERIM REPORTS.
32.12 		Subdivision 1.Preparation and retention of records. The receiver shall prepare 
32.13 	and retain appropriate business records, including records of all cash receipts and 
32.14 	disbursements and of all receipts and distributions or other dispositions of receivership 
32.15 	property. After due consideration of issues of confidentiality, the records may be provided 
32.16 	by the receiver to parties in interest or shall be provided as ordered by the court.
32.17 		Subd. 2.Interim reports. (a) The court may order the receiver to prepare and 
32.18 	file interim reports addressing:
32.19 	(1) the activities of the receiver since the last report;
32.20 	(2) cash receipts and disbursements, including payments made to professionals 
32.21 	retained by the receiver;
32.22 	(3) receipts and dispositions of receivership property; and
32.23 	(4) other matters.
32.24 	(b) The order may provide for the delivery of the receiver's interim reports to persons 
32.25 	on the master service list and to other persons and may provide a procedure for objection 
32.26 	to the interim reports, and may also provide that the failure to object constitutes a waiver 
32.27 	of objection to matters addressed in the interim reports.

32.28 	Sec. 17. [576.37] REMOVAL OF RECEIVERS.
32.29 		Subdivision 1.Removal of receiver. The court may remove the receiver: (1) if the 
32.30 	receiver fails to execute and file the bond required by section 576.27; (2) if the receiver 
32.31 	resigns, refuses, or fails to serve for any reason; or (3) for other good cause.
32.32 		Subd. 2.Successor receiver. Upon removal of the receiver, if the court determines 
32.33 	that further administration of the receivership is required, the court shall appoint a 
32.34 	successor receiver. Upon executing and filing a bond under section 576.27, the successor 
33.1 	receiver shall immediately succeed the receiver so removed and shall assume the duties of 
33.2 	receiver.
33.3 		Subd. 3.Report and discharge of removed receiver. Within 14 days after 
33.4 	removal, the receiver so removed shall file with the court and serve a report pursuant to 
33.5 	section 576.38, subdivision 3, for matters up to the date of the removal. Upon approval 
33.6 	of the report, the court may enter an order pursuant to section 576.38 discharging the 
33.7 	removed receiver.

33.8 	Sec. 18. [576.38] TERMINATION OF RECEIVERSHIPS; FINAL REPORT.
33.9 		Subdivision 1.Termination of receivership. The court may discharge a receiver 
33.10 	and terminate the receivership. If the court determines that the appointment of the receiver 
33.11 	was procured in bad faith, the court may assess against the person who procured the 
33.12 	receiver's appointment:
33.13 	(1) all of the receiver's fees and expenses and other costs of the receivership; and
33.14 	(2) any other sanctions the court deems appropriate.
33.15 		Subd. 2.Request for discharge. Upon distribution or disposition of all receivership 
33.16 	property, or the completion of the receiver's duties, the receiver shall file a final report and 
33.17 	shall request that the court approve the final report and discharge the receiver.
33.18 		Subd. 3.Contents of final report. The final report, which may incorporate by 
33.19 	reference interim reports, shall include, in addition to any matters required by the court in 
33.20 	the case:
33.21 	(1) a description of the activities of the receiver in the conduct of the receivership;
33.22 	(2) a schedule of all receivership property at the commencement of the receivership 
33.23 	and any receivership property added thereafter;
33.24 	(3) a list of expenditures, including all payments to professionals retained by the 
33.25 	receiver;
33.26 	(4) a list of any unpaid expenses incurred during the receivership;
33.27 	(5) a list of all dispositions of receivership property;
33.28 	(6) a list of all distributions made or proposed to be made; and
33.29 	(7) if not done separately, a motion or application for approval of the payment of 
33.30 	fees and expenses of the receiver.
33.31 		Subd. 4.Notice of final report. The receiver shall give notice of the filing of the 
33.32 	final report and request for discharge to all persons who have filed notices of appearance. 
33.33 	If there is no objection within 21 days, the court may enter an order approving the final 
33.34 	report and discharging the receiver without the necessity of a hearing.
34.1 		Subd. 5.Effect of discharge. A discharge removes all authority of the receiver, 
34.2 	excuses the receiver from further performance of any duties, and discharges any lis 
34.3 	pendens recorded by the receiver.

34.4 	Sec. 19. [576.39] ACTIONS BY OR AGAINST RECEIVER OR RELATING TO 
34.5 	RECEIVERSHIP PROPERTY.
34.6 		Subdivision 1.Actions by or against receiver. The receiver may sue in the 
34.7 	receiver's capacity and, subject to other sections of this chapter and all immunities 
34.8 	provided at common law, may be sued in that capacity.
34.9 		Subd. 2.Venue. Unless applicable law requires otherwise or the court orders 
34.10 	otherwise, an action by or against the receiver or relating to the receivership or 
34.11 	receivership property shall be commenced in the court and assigned to the judge before 
34.12 	whom the receivership is pending.
34.13 		Subd. 3.Joinder. Subject to section 576.42, a limited or general receiver may be 
34.14 	joined or substituted as a party in any action or other proceeding that relates to receivership 
34.15 	property that was pending at the time of appointment. Subject to other sections of this 
34.16 	chapter, a general receiver may be joined or substituted as a party in any action or other 
34.17 	proceeding that was pending at the time of appointment in which the respondent is a party. 
34.18 	Pending actions may be transferred to the court upon the receiver's motion for change of 
34.19 	venue made in the court in which the action is pending.
34.20 		Subd. 4.Effect of judgments. A judgment entered subsequent to the time of 
34.21 	appointment against a receiver or the respondent shall not constitute a lien on receivership 
34.22 	property, nor shall any execution issue thereon. Upon submission of a certified copy of the 
34.23 	judgment in accordance with section 576.49, the amount of the judgment shall be treated 
34.24 	as an allowed claim in a general receivership. A judgment against a limited receiver shall 
34.25 	have the same effect as a judgment against the respondent, except that the judgment shall 
34.26 	be enforceable against receivership property only to the extent ordered by the court.

34.27 	Sec. 20. [576.40] TURNOVER OF PROPERTY.
34.28 		Subdivision 1.Demand by receiver. Except as expressly provided in this section, 
34.29 	and unless otherwise ordered by the court, upon demand by a receiver, any person shall 
34.30 	turn over any receivership property that is within the possession or control of that person. 
34.31 	Unless ordered by the court, a person in possession of receivership property pursuant 
34.32 	to a valid lien perfected prior to the time of appointment is not required to turn over 
34.33 	receivership property.
35.1 		Subd. 2.Motion by receiver. A receiver may seek to compel turnover of 
35.2 	receivership property by motion in the receivership. If there exists a bona fide dispute 
35.3 	with respect to the existence or nature of the receiver's or the respondent's interest in the 
35.4 	property, turnover shall be sought by means of an action under section 576.39. In the 
35.5 	absence of a bona fide dispute with respect to the receiver's or the respondent's right to 
35.6 	possession of receivership property, the failure to relinquish possession and control to the 
35.7 	receiver may be punishable as contempt of the court.

35.8 	Sec. 21. [576.41] ANCILLARY RECEIVERSHIPS.
35.9 		Subdivision 1.Ancillary receiverships in foreign jurisdictions. A receiver 
35.10 	appointed by a court of this state may, without first seeking approval of the court, apply 
35.11 	in any foreign jurisdiction for appointment as receiver with respect to any receivership 
35.12 	property which is located within the foreign jurisdiction.
35.13 		Subd. 2.Ancillary receiverships in the courts of this state. (a) A foreign receiver 
35.14 	may obtain appointment by a court of this state as a receiver in an ancillary receivership 
35.15 	with respect to any property located in or subject to the jurisdiction of the court if (1) 
35.16 	the foreign receiver would be eligible to serve as receiver under section 576.26, and 
35.17 	(2) the appointment is in furtherance of the foreign receiver's possession, control, or 
35.18 	disposition of property subject to the foreign receivership and in accordance with orders of 
35.19 	the foreign jurisdiction.
35.20 	(b) The courts of this state may enter any order necessary to effectuate orders entered 
35.21 	by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise, 
35.22 	a receiver appointed in an ancillary receivership in this state shall have the powers and 
35.23 	duties of a limited receiver as set forth in this chapter and shall otherwise comply with the 
35.24 	provisions of this chapter applicable to limited receivers.

35.25 	Sec. 22. [576.42] STAYS.
35.26 		Subdivision 1.Control of property. All receivership property is under the control 
35.27 	and supervision of the court appointing the receiver.
35.28 		Subd. 2.Stay by court order. In addition to any stay provided in this section, 
35.29 	the court may order a stay or stays to protect receivership property and to facilitate the 
35.30 	administration of the receivership.
35.31 		Subd. 3.Stay in all receiverships. Except as otherwise ordered by the court, the 
35.32 	entry of an order appointing a receiver shall operate as a stay, applicable to all persons, of:
35.33 	(1) any act to obtain possession of receivership property, or to interfere with or 
35.34 	exercise control over receivership property, other than the commencement or continuation 
36.1 	of a judicial, administrative, or other action or proceeding, including the issuance or use of 
36.2 	process, to enforce any lien having priority over the rights of the receiver in receivership 
36.3 	property; and
36.4 	(2) any act to create or perfect any lien against receivership property, except by 
36.5 	exercise of a right of setoff, to the extent that the lien secures a claim that arose before 
36.6 	the time of appointment.
36.7 		Subd. 4.Limited additional stay in general receiverships. (a) Except as otherwise 
36.8 	ordered by the court, in addition to the stay provided in subdivision 3, the entry of an order 
36.9 	appointing a general receiver shall operate as a stay, applicable to all persons, of:
36.10 	(1) the commencement or continuation of a judicial, administrative, or other action 
36.11 	or proceeding, including the issuance or use of process, against the respondent or the 
36.12 	receiver that was or could have been commenced before the time of appointment, or to 
36.13 	recover a claim against the respondent that arose before the time of appointment;
36.14 	(2) the commencement or continuation of a judicial, administrative, or other action 
36.15 	or proceeding, including the issuance or use of process, to enforce any lien having priority 
36.16 	over the rights of the receiver in receivership property.
36.17 	(b) As to the acts specified in this subdivision, the stay shall expire 30 days after 
36.18 	the time of appointment unless, before the expiration of the 30-day period, the receiver 
36.19 	or other party in interest files a motion seeking an order of the court extending the stay 
36.20 	and before the expiration of an additional 30 days following the 30-day period, the court 
36.21 	orders the stay extended.
36.22 		Subd. 5.Modification of stay. The court may modify any stay provided in this 
36.23 	section upon the motion of any party in interest affected by the stay.
36.24 		Subd. 6.Inapplicability of stay. The entry of an order appointing a receiver does 
36.25 	not operate as a stay of:
36.26 	(1) the commencement or continuation of a criminal proceeding against the 
36.27 	respondent;
36.28 	(2) the commencement or continuation of an action or proceeding by a governmental 
36.29 	unit to enforce its police or regulatory power;
36.30 	(3) the enforcement of a judgment, other than a money judgment, obtained in an 
36.31 	action or proceeding by a governmental unit to enforce its police or regulatory power, or 
36.32 	with respect to any licensure of the respondent;
36.33 	(4) the establishment by a governmental unit of any tax liability and any appeal 
36.34 	thereof;
37.1 	(5) the commencement or continuation of an action or proceeding to establish 
37.2 	paternity; to establish or modify an order for alimony, maintenance, or support; or to 
37.3 	collect alimony, maintenance, or support under any order of a court;
37.4 	(6) the exercise of a right of setoff;
37.5 	(7) any act to maintain or continue the perfection of a lien on, or otherwise preserve 
37.6 	or protect rights in, receivership property, but only to the extent that the act was necessary 
37.7 	to preserve or protect the lien or other rights as they existed as of the time of the 
37.8 	appointment. If the act would require seizure of receivership property or commencement 
37.9 	of an action prohibited by a stay, the continued perfection shall instead be accomplished 
37.10 	by filing a notice in the court before which the receivership is pending and by serving the 
37.11 	notice upon the receiver and receiver's attorney, if any, within the time fixed by law for 
37.12 	seizure or commencement of the action;
37.13 	(8) the commencement of a bankruptcy case under federal bankruptcy laws; or
37.14 	(9) any other exception as provided in United States Code, title 11, section 326(b), 
37.15 	as to the automatic stay in federal bankruptcy cases to the extent not inconsistent with any 
37.16 	provision in this section.

37.17 	Sec. 23. [576.43] UTILITY SERVICE.
37.18 	A utility providing service to receivership property may not alter, refuse, or 
37.19 	discontinue service to the receivership property without first giving the receiver 21 days' 
37.20 	written notice of any default and any intention to alter, refuse, or discontinue service to 
37.21 	receivership property. The court may prohibit the alteration, refusal, or discontinuance 
37.22 	of utility service if the receiver furnishes adequate assurance of payment for service to 
37.23 	be provided after the time of appointment.

37.24 	Sec. 24. [576.44] RECEIVERSHIP FINANCING.
37.25 	(a) Without necessity of a court order, the receiver may obtain unsecured credit and 
37.26 	incur unsecured debt on behalf of the receivership, and the amounts shall be allowable as 
37.27 	expenses of the receivership under section 576.51, subdivision 1, clause (2).
37.28 	(b) Without necessity of a court order, the receiver may obtain secured financing 
37.29 	on behalf of the receivership from any secured party under a financing facility existing 
37.30 	at the time of the appointment.
37.31 	(c) The court may authorize the receiver to obtain credit or incur indebtedness, 
37.32 	and the court may authorize the receiver to mortgage, pledge, hypothecate, or otherwise 
37.33 	encumber receivership property as security for repayment of any indebtedness.

38.1 	Sec. 25. [576.45] EXECUTORY CONTRACTS.
38.2 		Subdivision 1.Performance by receiver. Unless a court orders otherwise, a 
38.3 	receiver succeeds to all of the rights and duties of the respondent under any executory 
38.4 	contract. The court may condition the continued performance by the receiver on terms 
38.5 	that are appropriate under the circumstances. Performance of an executory contract shall 
38.6 	create a claim against the receivership to the extent of the value of the performance 
38.7 	received by the receivership after the time of appointment. The claim shall not constitute a 
38.8 	personal obligation of the receiver.
38.9 		Subd. 2.Assignment and delegation by receiver. For good cause, the court may 
38.10 	authorize a receiver to assign and delegate an executory contract to a third party under 
38.11 	the same circumstances and under the same conditions as the respondent was permitted 
38.12 	to do so pursuant to the terms of the executory contract and applicable law immediately 
38.13 	before the time of appointment.
38.14 		Subd. 3.Termination by receiver. For good cause, the court may authorize 
38.15 	the receiver to terminate an executory contract. The receiver's right to possess or use 
38.16 	property pursuant to the executory contract shall terminate at the termination of the 
38.17 	executory contract. Except as to the claim against the receivership under subdivision 1, 
38.18 	the termination shall create a claim equal to the damages, if any, for a breach of contract as 
38.19 	if the breach of contract had occurred immediately before the time of appointment. Any 
38.20 	claim arising under this section for termination of an executory contract shall be presented 
38.21 	or filed in the same manner as other claims in the receivership no later than the later of: 
38.22 	(1) the time set for filing of claims in the receivership; or (2) 28 days after the notice by 
38.23 	the receiver of the termination of the executory contract.

38.24 	Sec. 26. [576.46] SALES FREE AND CLEAR OF LIEN IN GENERAL 
38.25 	RECEIVERSHIPS.
38.26 		Subdivision 1.Sales free and clear of liens. (a) The court may order that a general 
38.27 	receiver's sale of receivership property is free and clear of all liens, except any lien for 
38.28 	unpaid real estate taxes or assessments and liens arising under federal law, and may be free 
38.29 	of the rights of redemption of the respondent if the rights of redemption are receivership 
38.30 	property and the rights of redemption of the holders of any liens, regardless of whether the 
38.31 	sale will generate proceeds sufficient to fully satisfy all liens on the property, unless either:
38.32 	(1) the property is (i) real property classified as agricultural land under section 
38.33 	273.13, subdivision 23, or the property is a homestead under section 510.01; and (ii) 
38.34 	each of the owners of the property has not consented to the sale following the time 
38.35 	of appointment; or
39.1 	(2) any owner of the property or holder of a lien on the property serves and files 
39.2 	a timely objection, and the court determines that the amount likely to be realized from 
39.3 	the sale by the objecting person is less than the objecting person would realize within a 
39.4 	reasonable time in the absence of this sale.
39.5 	(b) The receiver shall have the burden of proof to establish that the amount likely to 
39.6 	be realized by the objecting person from the sale is equal to or more than the objecting 
39.7 	person would realize within a reasonable time in the absence of the sale.
39.8 	(c) Upon any sale free and clear of liens authorized by this section, all liens 
39.9 	encumbering the property conveyed shall transfer and attach to the proceeds of the 
39.10 	sale, net of reasonable expenses approved by the court incurred in the disposition of 
39.11 	the property, in the same order, priority, and validity as the liens had with respect to the 
39.12 	property immediately before the sale. The court may authorize the receiver to satisfy, 
39.13 	in whole or in part, any ownership interest or lien out of the proceeds of the sale if the 
39.14 	ownership interest or lien of any party in interest would not thereby be impaired.
39.15 		Subd. 2.Co-owned property. If any receivership property includes an interest as a 
39.16 	co-owner of property, the receiver shall have the rights and powers afforded by applicable 
39.17 	state or federal law of the respondent, including but not limited to any rights of partition, 
39.18 	but may not sell the property free and clear of the co-owner's interest in the property.
39.19 		Subd. 3.Right to credit bid. A creditor with a claim secured by a valid and 
39.20 	perfected lien against the property to be sold may bid on the property at a sale and may 
39.21 	offset against the purchase price part or all of the amount secured by its lien, provided that 
39.22 	the creditor tenders cash sufficient to satisfy in full the reasonable expenses, approved 
39.23 	by the court, incurred in the disposition of the property and all liens payable out of the 
39.24 	proceeds of sale having priority over the lien of that creditor.
39.25 		Subd. 4.Effect of appeal. The reversal or modification on appeal of an 
39.26 	authorization to sell property under this section does not affect the validity of a sale to a 
39.27 	person that purchased the property in good faith, whether or not the person knew of the 
39.28 	pendency of the appeal, unless the authorization and sale is stayed pending the appeal.

39.29 	Sec. 27. [576.47] ABANDONMENT OF PROPERTY.
39.30 	The court may authorize the receiver to abandon any receivership property that is 
39.31 	burdensome or is not of material value to the receivership. Property that is abandoned is 
39.32 	no longer receivership property.

39.33 	Sec. 28. [576.48] LIENS AGAINST AFTER-ACQUIRED PROPERTY.
40.1 	Except as otherwise provided for by statute, property that becomes receivership 
40.2 	property after the time of appointment is subject to a lien to the same extent as it would 
40.3 	have been in the absence of the receivership.

40.4 	Sec. 29. [576.49] CLAIMS PROCESS.
40.5 		Subdivision 1.Recommendation of receiver. In a general receivership, and in a 
40.6 	limited receivership if the circumstances require, the receiver shall submit to the court a 
40.7 	recommendation concerning a claims process appropriate to the particular receivership.
40.8 		Subd. 2.Order establishing process. In a general receivership and, if the court 
40.9 	orders, in a limited receivership, the court shall establish the claims process to be followed 
40.10 	in the receivership addressing whether proofs of claim must be submitted, the form of 
40.11 	any proofs of claim, the place where the proofs of claim must be submitted, the deadline 
40.12 	or deadlines for submitting the proofs of claim, and other matters bearing on the claims 
40.13 	process.
40.14 		Subd. 3.Alternative procedures. The court may authorize proofs of claim to be 
40.15 	filed with the receiver rather than the court. The court may authorize the receiver to treat 
40.16 	claims as allowed claims based on the amounts established in the books and records of the 
40.17 	respondent or the schedule of claims filed pursuant to section 576.33, without necessity of 
40.18 	formal proofs of claim.

40.19 	Sec. 30. [576.50] OBJECTION TO AND ALLOWANCE OF CLAIMS.
40.20 		Subdivision 1.Objections and allowance. The receiver or any party in interest may 
40.21 	file a motion objecting to a claim and stating the grounds for the objection. The court may 
40.22 	order that a copy of the objection be served on the persons on the master mailing list at 
40.23 	least 30 days prior to the hearing. Claims allowed by court order, and claims properly 
40.24 	submitted and not disallowed by the court shall be allowed claims and shall be entitled to 
40.25 	share in distributions of receivership property in accordance with the priorities provided 
40.26 	by this chapter or otherwise by law.
40.27 		Subd. 2.Examination of claims. If the claims process does not require proofs of 
40.28 	claim to be filed with the court, at any time after expiration of the claim-filing period and 
40.29 	upon 14 days' written notice to the receiver, any party in interest shall have the right to 
40.30 	examine:
40.31 	(1) all claims filed with the receiver; and
40.32 	(2) all books and records in the receiver's possession that provided the receiver the 
40.33 	basis for concluding that creditors identified therein are entitled to participate in any 
40.34 	distributions of receivership property without having to file claims.
41.1 		Subd. 3.Estimation of claims. For the purpose of allowance of claims, the court 
41.2 	may estimate:
41.3 	(1) any contingent or unliquidated claim, the fixing or liquidation of which would 
41.4 	unduly delay the administration of the receivership; or
41.5 	(2) any right to payment arising from a right to an equitable remedy.

41.6 	Sec. 31. [576.51] PRIORITY OF CLAIMS.
41.7 		Subdivision 1.Priorities. Allowed claims shall receive distribution under this 
41.8 	chapter in the following order of priority and, except as set forth in clause (1), on a pro 
41.9 	rata basis:
41.10 	(1) claims secured by liens on receivership property, which liens are valid and 
41.11 	perfected before the time of appointment, to the extent of the proceeds from the disposition 
41.12 	of the collateral in accordance with their respective priorities under otherwise applicable 
41.13 	law, subject first to reimbursing the receiver for the reasonable and necessary expenses 
41.14 	of preserving, protecting, or disposing of the collateral, including allowed fees and 
41.15 	reimbursement of reasonable expenses of the receiver and professionals;
41.16 	(2) actual, necessary costs and expenses incurred during the receivership, other than 
41.17 	those expenses allowable under clause (1), including allowed fees and reimbursement of 
41.18 	reasonable expenses of the receiver and professionals employed by the receiver under 
41.19 	section 576.32;
41.20 	(3) claims for wages, salaries, or commissions, including vacation, severance, and 
41.21 	sick leave pay, or contributions to an employee benefit plan, earned by the claimant within 
41.22 	the 90 days before the time of appointment or the cessation of the respondent's business, 
41.23 	whichever occurs first, but only to the extent of the dollar amount in effect in United 
41.24 	States Code, title 11, section 507(4);
41.25 	(4) allowed unsecured claims, to the extent of the dollar amount in effect in United 
41.26 	States Code, title 11, section 507(7), for each individual, arising from the deposit with the 
41.27 	respondent, before the time of appointment of the receiver, of money in connection with 
41.28 	the purchase, lease, or rental of property or the purchase of services for personal, family, 
41.29 	or household use by individuals that were not delivered or provided;
41.30 	(5) claims for arrears in amounts owing pursuant to a support order as defined in 
41.31 	section 518A.26, subdivision 3;
41.32 	(6) unsecured claims of governmental units for taxes that accrued before the time 
41.33 	of appointment of the receiver; 
41.34 	(7) all other unsecured claims due as of the time of appointment, including the 
41.35 	balance due the holders of secured claims to the extent not satisfied under clause (1); and
42.1 	(8) interest pursuant to section 576.52.
42.2 		Subd. 2.Payments to respondent. If all of the amounts payable under subdivision 
42.3 	1 have been paid in full, any remaining receivership property shall be returned to the 
42.4 	respondent.

42.5 	Sec. 32. [576.52] INTEREST ON UNSECURED CLAIMS.
42.6 	To the extent that funds are available to pay holders of allowed unsecured claims in 
42.7 	full or the amounts due as of the time of appointment, each holder shall also be entitled 
42.8 	to receive interest, calculated from the time of appointment, at the rate set forth in the 
42.9 	agreement evidencing the claim, or if no rate is provided, at the judgment rate that would 
42.10 	be payable as of the time of appointment; provided, however, that no holder shall be 
42.11 	entitled to interest on that portion, if any, of its unsecured claim that is itself interest 
42.12 	calculated from the time of appointment. If there are not sufficient funds in the receivership 
42.13 	to pay in full the interest owed to all the holders, then the interest shall be paid pro rata.

42.14 	Sec. 33. [576.53] DISTRIBUTIONS.
42.15 		Subdivision 1.Proposed distributions. Before any interim or final distribution is 
42.16 	made, the receiver shall file a distribution schedule listing the proposed distributions. 
42.17 	The distribution schedule may be filed at any time during the case or may be included 
42.18 	in the final report.
42.19 		Subd. 2.Notice. The receiver shall give notice of the filing of the distribution 
42.20 	schedule to all persons on the master mailing list or that have filed proofs of claim. If there 
42.21 	is no objection within 21 days after the notice, the court may enter an order authorizing 
42.22 	the receiver to make the distributions described in the distribution schedule without the 
42.23 	necessity of a hearing.
42.24 		Subd. 3.Other distributions. In the order appointing the receiver or in subsequent 
42.25 	orders, the court may authorize distribution of receivership property to persons with 
42.26 	ownership interests or liens.

42.27 	ARTICLE 6
42.28 	ASSIGNMENTS FOR THE BENEFITS OF CREDITORS

42.29 	Section 1. [577.11] DEFINITIONS.
42.30 	(a) The definitions in this section and in section 576.21 apply throughout this chapter 
42.31 	unless the context requires otherwise.
42.32 	(b) "Assignee" means the person to whom the assignment property is assigned.
43.1 	(c) "Assignment property" means the property assigned pursuant to the provisions 
43.2 	of this chapter.
43.3 	(d) "Assignor" means the person who assigns the assignment property.
43.4 	(e) "Time of assignment" means the date and time endorsed by the court 
43.5 	administrator pursuant to section 577.14.

43.6 	Sec. 2. [577.12] REQUISITES.
43.7 	A person may execute a written assignment of property to one or more assignees for 
43.8 	the benefit of creditors in conformity with the provisions of this chapter. Every assignment 
43.9 	for the benefit of creditors subject to this chapter made by an assignor of the whole or any 
43.10 	part of the assignor's property, real or personal, for the benefit of creditors, shall be: (1) to 
43.11 	a resident of the state eligible to be a receiver under section 576.26, in writing, subscribed 
43.12 	and acknowledged by the assignor, and (2) filed by the assignor or the assignee with the 
43.13 	court administrator of the district court of the county in which the assignor, or one of the 
43.14 	assignors if there is more than one, resides, or in which the principal place of business of 
43.15 	an assignor engaged in business is located. The district court shall have supervision over 
43.16 	the assignment property and of all proceedings under this chapter.

43.17 	Sec. 3. [577.13] FORM OF ASSIGNMENT.
43.18 	An assignment for the benefit of creditors under this chapter shall be signed by the 
43.19 	assignor and duly acknowledged in the same manner as conveyances of real property 
43.20 	before a notary public of the state, shall include an acceptance of the assignment by the 
43.21 	assignee, and shall be in substantially the following form:
43.22 	ASSIGNMENT
43.23 	THIS ASSIGNMENT is made this .... day of .............., .........., by and between 
43.24 	............, with a principal place of business at .......... (hereinafter "assignor"), and ............, 
43.25 	whose address is ........... (hereinafter "assignee").
43.26 	WHEREAS, the assignor has been engaged in the business of 
43.27 	............................................
43.28 	WHEREAS, the assignor is indebted to creditors and is unable to pay debts as they 
43.29 	become due, and is desirous of providing for the payment of debts, so far as it is possible 
43.30 	by an assignment of property for that purpose.
43.31 	NOW, THEREFORE, the assignor, in consideration of the assignee's acceptance 
43.32 	of this assignment, and for other good and valuable consideration, hereby assigns to 
43.33 	the assignee, and the assignee's successors and assigns, the assignor's property, except 
43.34 	the property as is exempt by law from levy and sale under an execution (and then only 
44.1 	to the extent of the exemption), including but not limited to all real property, fixtures, 
44.2 	goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, general 
44.3 	intangibles, bank deposits, cash, promissory notes, cash value and proceeds of insurance 
44.4 	policies, claims, and demands belonging to the assignor, wherever the property may be 
44.5 	located (hereinafter collectively the "assignment property"), which property is set forth 
44.6 	on Schedule A attached hereto.
44.7 	A list of the creditors of the assignor is set forth in Schedule B annexed hereto.
44.8 	By making this assignment, the assignor consents to the appointment of the assignee 
44.9 	as a general receiver with respect to the assignment property in accordance with Minnesota 
44.10 	Statutes, chapters 576 and 577.
44.11 	The assignee shall take possession of and administer the assignment property 
44.12 	and shall liquidate the assignment property with reasonable dispatch, collect all claims 
44.13 	and demands hereby assigned as and to the extent they may be collectible, and pay 
44.14 	and discharge all reasonable expenses, costs, and disbursements in connection with the 
44.15 	execution and administration of this assignment from the proceeds of the liquidations and 
44.16 	collections in accordance with Minnesota Statutes, chapters 576 and 577.
44.17 	The assignee shall then pay and discharge in full, to the extent that funds are available 
44.18 	from the assignment property after payment of expenses, costs, and disbursements, all of 
44.19 	the debts and liabilities now due from the assignor, including interest on the debts and 
44.20 	liabilities in full, in accordance with Minnesota Statutes, chapters 576 and 577.
44.21 	In the event that all debts and liabilities are paid in full, the remainder of the 
44.22 	assignment property shall be returned to the assignor.
44.23 	To accomplish the purposes of this assignment, the assignor hereby irrevocably 
44.24 	appoints the assignee as the assignor's true and lawful attorney-in-fact, with full power 
44.25 	and authority to do all acts and things which may be necessary to execute and fulfill the 
44.26 	assignment hereby created, to the same extent as the acts and things might be done by 
44.27 	the assignor in the absence of this assignment, including, but not limited to, the power 
44.28 	to demand and recover from all persons all assignment property; to sue for the recovery 
44.29 	of assignment property; to execute, acknowledge, and deliver all necessary deeds, 
44.30 	instruments, and conveyances, and to grant and convey any or all of the real or personal 
44.31 	property of the assignment property pursuant thereto; and to appoint one or more attorneys 
44.32 	to assist the assignee in carrying out the assignee's duties hereunder.
44.33 	The assignor hereby authorizes the assignee to sign the name of the assignor to any 
44.34 	check, draft, promissory note, or other instrument in writing which is payable to the order 
44.35 	of the assignor, or to sign the name of the assignor to any instrument in writing, whenever 
44.36 	it shall be necessary to do so, to carry out the purposes of this assignment.
45.1 	The assignor declares, under penalty of perjury under the laws of the state of 
45.2 	Minnesota, that the attached schedules of the property or the assignor and creditors are 
45.3 	true and complete to the best of the assignor's knowledge.
45.4 	The assignee hereby accepts the assignment property and agrees faithfully and 
45.5 	without delay to carry out the assignee's duties under the foregoing assignment.

45.6
45.7	.............................................
Assignor
	...............................................
Assignee
	
45.8	Dated: ...................................
	Dated: ................................

45.9 	Sec. 4. [577.14] DUTY OF COURT ADMINISTRATOR.
45.10 	The court administrator shall endorse the day, hour, and minute of the filing of the 
45.11 	assignment. The assignment shall be entered in the court administrator's register, and all 
45.12 	papers filed and orders made in the matter of the assignment shall be noted therein as in 
45.13 	the case of a civil action.

45.14 	Sec. 5. [577.15] ASSIGNEE AS LIEN CREDITOR; REAL ESTATE 
45.15 	RECORDING.
45.16 		Subdivision 1.Assignee as lien creditor. As of the filing of the assignment, the 
45.17 	assignee shall have the powers and priority of a creditor that obtained a judicial lien at 
45.18 	the time of assignment pursuant to sections 548.09 and 550.10 on all of the assignment 
45.19 	property subject to satisfying the recording requirements as to real property described in 
45.20 	subdivision 2.
45.21 		Subd. 2.Real estate recording. If any interest in real estate is included in the 
45.22 	assignment property, the assignment shall be effective as a deed, and a notice of a lis 
45.23 	pendens shall be recorded as soon as practicable with the county recorder or registrar of 
45.24 	titles, as appropriate, of the county in which the real property is located. The priority of 
45.25 	the assignee as lien creditor against real property shall be from the time of recording of 
45.26 	the notice of lis pendens, except as to persons with actual or implied knowledge of the 
45.27 	assignment under section 507.34. The assignment executed by the assignor and certified 
45.28 	by the court administrator and a deed executed by the assignee shall be recorded with the 
45.29 	county recorder or registrar of titles, as appropriate, of the county in which the real property 
45.30 	is located, and upon execution of the deed by the assignee shall be prima facie evidence of 
45.31 	the authority of the assignee to convey the real property described in the assignment.

45.32 	Sec. 6. [577.16] NOTICE.
46.1 	The assignee shall give notice of the assignment to all creditors and other parties 
46.2 	in interest actually known to the assignee by mail or other means of transmission within 
46.3 	21 days after the time of assignment. The notice of the assignment shall include the 
46.4 	time of assignment and the names and addresses of the assignor, the assignee, and the 
46.5 	assignee's attorney, if any.

46.6 	Sec. 7. [577.17] REMOVAL OF ASSIGNEE.
46.7 	The court may remove the assignee and appoint another assignee by application of 
46.8 	the standards and procedures under section 576.37. The order of removal and appointment 
46.9 	shall transfer all of the assignment property to the new assignee, and with respect to real 
46.10 	property may be recorded in the same manner as the initial assignment.

46.11 	Sec. 8. [577.18] APPLICATION OF CHAPTER GOVERNING 
46.12 	RECEIVERSHIPS.
46.13 	Except as otherwise provided in this chapter, an assignee shall be treated as a 
46.14 	general receiver, the assignment property shall be treated as receivership property, and all 
46.15 	proceedings following the filing of the assignment shall be governed by sections 576.21 
46.16 	to 576.53.

46.17 	Sec. 9.  REPEALER.
 46.18 	Minnesota Statutes 2010, sections 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 
46.19 	577.08; 577.09; and 577.10, are repealed.

46.20 	ARTICLE 7
46.21 	CONFORMING AMENDMENTS

46.22 	Section 1. Minnesota Statutes 2010, section 302A.753, subdivision 2, is amended to 
46.23 	read:
46.24 		Subd. 2.Action after hearing. After a full hearing has been held, upon whatever 
46.25 	notice the court directs to be given to all parties to the proceedings and to any other parties 
46.26 	in interest designated by the court, the court may appoint a receiver to collect the corporate 
46.27 	assets, including all amounts owing to the corporation by subscribers on account of any 
46.28 	unpaid portion of the consideration for the issuance of shares. In addition to the powers set 
46.29 	forth in chapter 576, a receiver has authority, subject to the order of the court, to continue 
46.30 	the business of the corporation and to sell, lease, transfer, or otherwise dispose of all or 
46.31 	any of the property and assets of the corporation either at public or private sale.

47.1 	Sec. 2. Minnesota Statutes 2010, section 302A.753, subdivision 3, is amended to read:
47.2 		Subd. 3.Discharge of obligations. The assets of the corporation or the proceeds 
47.3 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
47.4 	order of priority to the payment and discharge or:
47.5 	(a) the costs and expenses of the proceedings, including attorneys' fees and 
47.6 	disbursements;
47.7 	(b) debts, taxes and assessments due the United States, the state of Minnesota and 
47.8 	their subdivisions, and other states and their subdivisions, in that order;
47.9 	(c) claims duly proved and allowed to employees under the provisions of the 
47.10 	Workers' Compensation Act; provided, that claims under this clause shall not be allowed if 
47.11 	the corporation carried workers' compensation insurance, as provided by law, at the time 
47.12 	the injury was sustained;
47.13 	(d) claims, including the value of all compensation paid in any medium other than 
47.14 	money, duly proved and allowed to employees for services performed within three months 
47.15 	preceding the appointment of the receiver, if any; and
47.16 	(e) other claims duly proved and allowed set forth in section 576.51.

47.17 	Sec. 3. Minnesota Statutes 2010, section 302A.755, is amended to read:
47.18 	302A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
47.19 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic 
47.20 	corporation or a foreign corporation authorized to transact business in this state. Any 
47.21 	person qualified under section 576.26 may be appointed as receiver. A receiver shall 
47.22 	give bond as directed by the court with the sureties required by the court required by 
47.23 	section 576.27.
47.24 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
47.25 	of the corporation. The court appointing the receiver has exclusive jurisdiction of over
47.26 	the corporation and its property, the receiver, and all receivership property pursuant to 
47.27 	section 576.23.

47.28 	Sec. 4. Minnesota Statutes 2010, section 302A.759, subdivision 1, is amended to read:
47.29 		Subdivision 1.Manner and form. In proceedings referred to in section 302A.751 to 
47.30 	dissolve a corporation, the court may require all creditors and claimants of the corporation 
47.31 	to file their claims under oath with the court administrator or with the receiver in a form 
47.32 	prescribed by the court pursuant to section 576.49. The receiver or any party in interest 
47.33 	may object to any claim pursuant to section 576.50. 

48.1 	Sec. 5. Minnesota Statutes 2010, section 302A.761, is amended to read:
48.2 	302A.761 DISCONTINUANCE OF DISSOLUTION PROCEEDINGS.
48.3 	The involuntary or supervised voluntary dissolution of a corporation shall be 
48.4 	discontinued at any time during the dissolution proceedings when it is established that 
48.5 	cause for dissolution no longer exists. When this is established, the court shall dismiss the 
48.6 	proceedings and direct the receiver, if any, to redeliver to the corporation all its remaining 
48.7 	property and assets and to file a final report pursuant to section 576.38, subdivision 3.

48.8 	Sec. 6. Minnesota Statutes 2010, section 308A.945, subdivision 2, is amended to read:
48.9 		Subd. 2.Action after hearing. After a hearing is completed, on notice the court 
48.10 	directs to be given to parties to the proceedings and to other parties in interest designated 
48.11 	by the court, the court may appoint a receiver to collect the cooperative's assets, including 
48.12 	amounts owing to the cooperative by subscribers on account of an unpaid portion of the 
48.13 	consideration for the issuance of shares. In addition to the powers set forth in chapter 576, 
48.14 	a receiver has authority, subject to the order of the court, to continue the business of the 
48.15 	cooperative and to sell, lease, transfer, or otherwise dispose of the property and assets of 
48.16 	the cooperative either at public or private sale.

48.17 	Sec. 7. Minnesota Statutes 2010, section 308A.945, subdivision 3, is amended to read:
48.18 		Subd. 3.Discharge of obligations. The assets of the cooperative or the proceeds 
48.19 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
48.20 	order of priority or:
48.21 	(1) the costs and expenses of the proceedings, including attorneys' fees and 
48.22 	disbursements;
48.23 	(2) debts, taxes and assessments due the United States, the state of Minnesota and 
48.24 	their subdivisions, and other states and their subdivisions, in that order;
48.25 	(3) claims duly proved and allowed to employees under the provisions of the 
48.26 	Workers' Compensation Act except that claims under this clause may not be allowed 
48.27 	if the cooperative has carried workers' compensation insurance, as provided by law, at 
48.28 	the time the injury was sustained;
48.29 	(4) claims, including the value of all compensation paid in a medium other than 
48.30 	money, proved and allowed to employees for services performed within three months 
48.31 	preceding the appointment of the receiver, if any; and
48.32 	(5) other claims proved and allowed set forth in section 576.51.

49.1 	Sec. 8. Minnesota Statutes 2010, section 308A.951, is amended to read:
49.2 	308A.951 RECEIVER QUALIFICATIONS AND POWERS.
49.3 		Subdivision 1.Qualifications. A receiver must be a natural person or a domestic 
49.4 	corporation or a foreign corporation authorized to transact business in this state.Any 
49.5 	person qualified under section 576.26 may be appointed as a receiver. A receiver must 
49.6 	give a bond as directed by the court with the sureties required by the court required by 
49.7 	section 576.27.
49.8 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
49.9 	of the cooperative. The court appointing the receiver has exclusive jurisdiction of over
49.10 	the cooperative and its property, the receiver, and all receivership property pursuant to 
49.11 	section 576.23.

49.12 	Sec. 9. Minnesota Statutes 2010, section 308A.961, subdivision 1, is amended to read:
49.13 		Subdivision 1.Filing under oath. In proceedings to dissolve a cooperative, the 
49.14 	court may require all creditors and claimants of the cooperative to file their claims under 
49.15 	oath with the court administrator or with the receiver in a form prescribed by the court
49.16 	pursuant to section 576.49. The receiver or any party in interest may object to any claims 
49.17 	pursuant to section 576.50.

49.18 	Sec. 10. Minnesota Statutes 2010, section 308A.965, is amended to read:
49.19 	308A.965 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION 
49.20 	PROCEEDINGS.
49.21 	The involuntary or supervised voluntary dissolution of a cooperative may be 
49.22 	discontinued at any time during the dissolution proceedings if it is established that cause 
49.23 	for dissolution does not exist. The court shall dismiss the proceedings and direct the 
49.24 	receiver, if any, to redeliver to the cooperative its remaining property and assets and to file 
49.25 	a final report pursuant to section 576.38, subdivision 3.

49.26 	Sec. 11. Minnesota Statutes 2010, section 308B.935, subdivision 2, is amended to read:
49.27 		Subd. 2.Action after hearing. After a hearing is completed, upon notice to parties 
49.28 	to the proceedings and to other parties in interest designated by the court, the court may 
49.29 	appoint a receiver to collect the cooperative's assets, including amounts owing to the 
49.30 	cooperative by subscribers on account of an unpaid portion of the consideration for the 
49.31 	issuance of shares. In addition to the powers set forth in chapter 576, a receiver has 
49.32 	authority, subject to the order of the court, to continue the business of the cooperative and 
50.1 	to sell, lease, transfer, or otherwise dispose of the property and assets of the cooperative 
50.2 	either at public or private sale.

50.3 	Sec. 12. Minnesota Statutes 2010, section 308B.935, subdivision 3, is amended to read:
50.4 		Subd. 3.Discharge of obligations. The assets of the cooperative or the proceeds 
50.5 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
50.6 	order of priority:
50.7 	(1) the costs and expense of the proceedings, including attorney fees and 
50.8 	disbursements;
50.9 	(2) debts, taxes, and assessments due the United States, this state, and other states 
50.10 	in that order;
50.11 	(3) claims duly proved and allowed to employees under the provisions of the 
50.12 	Workers' Compensation Act except that claims under this clause may not be allowed if 
50.13 	the cooperative carried workers' compensation insurance, as provided by law, at the time 
50.14 	the injury was sustained;
50.15 	(4) claims, including the value of all compensation paid in a medium other than 
50.16 	money, proved and allowed to employees for services performed within three months 
50.17 	preceding the appointment of the receiver, if any; and
50.18 	(5) other claims proved and allowed set forth in section 576.51.

50.19 	Sec. 13. Minnesota Statutes 2010, section 308B.941, is amended to read:
50.20 	308B.941 RECEIVER QUALIFICATIONS AND POWERS.
50.21 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic 
50.22 	business entity or a foreign business entity authorized to transact business in this state.
50.23 	Any person qualified under section 576.26 may be appointed as a receiver. A receiver 
50.24 	shall give a bond as directed by the court with the sureties required by the court required 
50.25 	by section 576.27.
50.26 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
50.27 	of the cooperative. The court appointing the receiver has exclusive jurisdiction of over
50.28 	the cooperative and its property, the receiver, and all receivership property pursuant to 
50.29 	section 576.23.

50.30 	Sec. 14. Minnesota Statutes 2010, section 308B.951, subdivision 1, is amended to read:
50.31 		Subdivision 1.Filing under oath. In proceedings to dissolve a cooperative, the 
50.32 	court may require all creditors and claimants of the cooperative to file their claims under 
50.33 	oath with the court administrator or with the receiver in a form prescribed by the court
51.1 	pursuant to section 576.49. The receiver or any party in interest may object to any claim 
51.2 	pursuant to section 576.50.

51.3 	Sec. 15. Minnesota Statutes 2010, section 308B.955, is amended to read:
51.4 	308B.955 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION 
51.5 	PROCEEDINGS.
51.6 	The involuntary or supervised voluntary dissolution of a cooperative may be 
51.7 	discontinued at any time during the dissolution proceedings if it is established that cause 
51.8 	for dissolution does not exist. The court shall dismiss the proceedings and direct the 
51.9 	receiver, if any, to redeliver to the cooperative its remaining property and assets and to file 
51.10 	a final report pursuant to section 576.38, subdivision 3.

51.11 	Sec. 16. Minnesota Statutes 2010, section 316.11, is amended to read:
51.12 	316.11 RECEIVER, APPOINTMENT, DUTIES.
51.13 	In any action or proceeding to dissolve a corporation, the court, at any time before 
51.14 	judgment, or within three years after judgment, of dissolution, may appoint a receiver to 
51.15 	take charge of its estate and effects and to collect the debts and property due and belonging 
51.16 	to it, with, in addition to the powers set forth in chapter 576, power to prosecute and 
51.17 	defend actions in its name or otherwise, to appoint agents, and do all other acts necessary 
51.18 	to the final settlement of the unfinished business of the corporation which it might do if in 
51.19 	being. The power of such receiver shall continue so long as the court deems necessary 
51.20 	for such purposes. The receiver shall pay all debts due from the corporation, if the funds 
51.21 	in hand are sufficient therefor; and, if not, shall distribute the same ratably among the 
51.22 	creditors who prove their debts, in the manner directed by the court; and, if there be any 
51.23 	balance after the payment of the debts, the receiver shall distribute and pay the same to 
51.24 	and among those who are justly entitled thereto, as having been stockholders or members. 
51.25 	Every receiver appointed under the provisions of this section shall give bond in such 
51.26 	amount as the court shall require, with sureties approved by it the assets of the corporation 
51.27 	or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied 
51.28 	in the order of priority set forth in section 576.51. After payment of the expenses of 
51.29 	the receivership and claims of creditors duly proved, the remaining assets, if any, shall 
51.30 	be distributed to the shareholders in accordance with section 302A.551, subdivision 4. 
51.31 	Every receiver appointed under the provisions of this section shall give bond as required 
51.32 	by section 576.27 in such amount as the court shall require, with sureties approved by it.

51.33 	Sec. 17. Minnesota Statutes 2010, section 317A.255, subdivision 1, is amended to read:
52.1 		Subdivision 1.Conflict; procedure when conflict arises. (a) A contract or other 
52.2 	transaction between a corporation and: (1) its director or a member of the family of its 
52.3 	director; (2) a director of a related organization, or a member of the family of a director 
52.4 	of a related organization; or (3) an organization in or of which the corporation's director, 
52.5 	or a member of the family of its director, is a director, officer, or legal representative or 
52.6 	has a material financial interest; is not void or voidable because the director or the other 
52.7 	individual or organization are parties or because the director is present at the meeting of 
52.8 	the members or the board or a committee at which the contract or transaction is authorized, 
52.9 	approved, or ratified, if a requirement of paragraph (b) is satisfied.
52.10 	(b) A contract or transaction described in paragraph (a) is not void or voidable if:
52.11 	(1) the contract or transaction was, and the person asserting the validity of the 
52.12 	contract or transaction has the burden of establishing that the contract or transaction was, 
52.13 	fair and reasonable as to the corporation when it was authorized, approved, or ratified;
52.14 	(2) the material facts as to the contract or transaction and as to the director's interest 
52.15 	are fully disclosed or known to the members and the contract or transaction is approved 
52.16 	in good faith by two-thirds of the members entitled to vote, not counting any vote that 
52.17 	the interested director might otherwise have, or the unanimous affirmative vote of all 
52.18 	members, whether or not entitled to vote;
52.19 	(3) the material facts as to the contract or transaction and as to the director's interest 
52.20 	are fully disclosed or known to the board or a committee, and the board or committee 
52.21 	authorizes, approves, or ratifies the contract or transaction in good faith by a majority of 
52.22 	the directors or committee members currently holding office, provided that the interested 
52.23 	director or directors may not vote and are not considered present for purposes of a quorum. 
52.24 	If, as a result, the number of remaining directors is not sufficient to reach a quorum, 
52.25 	a quorum for the purpose of considering the contract or transaction is the number of 
52.26 	remaining directors or committee members, not counting any vote that the interested 
52.27 	director might otherwise have, and not counting the director in determining the presence 
52.28 	of a quorum; or
52.29 	(4) the contract or transaction is a merger or consolidation described in section 
52.30 	317A.601.

52.31 	Sec. 18. Minnesota Statutes 2010, section 317A.753, subdivision 3, is amended to read:
52.32 		Subd. 3.Action after hearing. After a full hearing has been held, upon whatever 
52.33 	notice the court directs to be given to the parties to the proceedings and to other parties in 
52.34 	interest designated by the court, the court may appoint a receiver to collect the corporate 
52.35 	assets. In addition to the powers set forth in chapter 576, a receiver has authority, subject to 
53.1 	the order of the court, to continue the business of the corporation and to sell, lease, transfer, 
53.2 	or otherwise dispose of all or any of the assets of the corporation at a public or private sale.

53.3 	Sec. 19. Minnesota Statutes 2010, section 317A.753, subdivision 4, is amended to read:
53.4 		Subd. 4.Discharge of obligations. The assets of the corporation or the proceeds 
53.5 	resulting from a sale, lease, transfer, or other disposition must be applied in the following
53.6 	order of priority to the payment and discharge of:
53.7 	(1) the costs and expenses of the dissolution proceedings, including attorneys fees 
53.8 	and disbursements;
53.9 	(2) debts, taxes, and assessments due the United States, the state of Minnesota and 
53.10 	their subdivisions, and other states and their subdivisions, in that order;
53.11 	(3) claims duly proved and allowed to employees under the Workers' Compensation 
53.12 	Act, provided that claims under this clause are not allowed if the corporation carried 
53.13 	workers' compensation insurance, as provided by law, at the time the injury was sustained;
53.14 	(4) claims, including the value of compensation paid in a medium other than money, 
53.15 	duly proved and allowed to employees for services performed within three months 
53.16 	preceding the appointment of the receiver, if any; and
53.17 	(5) other claims duly proved and allowed set forth in section 576.51.

53.18 	Sec. 20. Minnesota Statutes 2010, section 317A.755, is amended to read:
53.19 	317A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
53.20 		Subdivision 1.Qualifications. A receiver must be a natural person or a domestic 
53.21 	corporation or a foreign corporation authorized to transact business in this state.Any 
53.22 	person qualified under section 576.26 may be appointed as a receiver. A receiver shall 
53.23 	give bond as directed by the court with the sureties required by the court required by 
53.24 	section 576.27.
53.25 		Subd. 2.Powers. A receiver may sue and defend in courts all actions as receiver 
53.26 	of the corporation. The court appointing the receiver has exclusive jurisdiction of over
53.27 	the corporation and its property, the receiver, and all receivership property pursuant to 
53.28 	section 576.23.

53.29 	Sec. 21. Minnesota Statutes 2010, section 317A.759, subdivision 1, is amended to read:
53.30 		Subdivision 1.Filing may be required. In a proceeding under section 317A.751 to 
53.31 	dissolve a corporation, the court may require creditors and claimants of the corporation 
53.32 	to file their claims under oath with the court administrator or with the receiver in a form 
54.1 	prescribed by the court pursuant to section 576.49. The receiver or any party in interest 
54.2 	may object to any claim pursuant to section 576.50. 

54.3 	Sec. 22. Minnesota Statutes 2010, section 322B.836, subdivision 2, is amended to read:
54.4 		Subd. 2.Action after hearing. After a full hearing has been held, upon whatever 
54.5 	notice the court directs to be given to all parties to the proceedings and to any other parties 
54.6 	in interest designated by the court, the court may appoint a receiver to collect the limited 
54.7 	liability company assets, including all amounts owing to the limited liability company 
54.8 	by persons who have made contribution agreements and by persons who have made 
54.9 	contributions by means of enforceable promises of future performance. In addition to the 
54.10 	powers set forth in chapter 576, a receiver has authority, subject to the order of the court, 
54.11 	to continue the business of the limited liability company and to sell, lease, transfer, or 
54.12 	otherwise dispose of all or any of the property and assets of the limited liability company 
54.13 	either at public or private sale.

54.14 	Sec. 23. Minnesota Statutes 2010, section 322B.836, subdivision 3, is amended to read:
54.15 		Subd. 3.Discharge of obligations upon liquidation. If the court determines that 
54.16 	the limited liability company is to be dissolved with winding up to be accomplished by 
54.17 	liquidation, then the assets of the limited liability company or the proceeds resulting 
54.18 	from a sale, lease, transfer, or other disposition must be applied in the following order of 
54.19 	priority to the payment and discharge or:
54.20 	(1) the costs and expenses of the proceedings, including attorneys' fees and 
54.21 	disbursements;
54.22 	(2) debts, taxes, and assessments due the United States, the state of Minnesota and 
54.23 	their subdivisions, and other states and their subdivisions, in that order;
54.24 	(3) claims duly proved and allowed to employees under the provisions of chapter 
54.25 	176; provided, that claims under this clause shall not be allowed if the limited liability 
54.26 	company carried workers' compensation insurance, as provided by law, at the time the 
54.27 	injury was sustained;
54.28 	(4) claims, including the value of all compensation paid in any medium other than 
54.29 	money, duly proved and allowed to employees for services performed within three months 
54.30 	preceding the appointment of the receiver, if any; and
54.31 	(5) other claims duly proved and allowed set forth in section 576.51.

54.32 	Sec. 24. Minnesota Statutes 2010, section 322B.84, is amended to read:
54.33 	322B.84 QUALIFICATIONS OF RECEIVERS AND POWERS.
55.1 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic or 
55.2 	foreign organization authorized to transact business in this state.Any person qualified 
55.3 	under section 576.26 may be appointed as a receiver. A receiver shall give bond as 
55.4 	directed by the court with the sureties required by the court required by section 576.27.
55.5 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver of 
55.6 	the limited liability company. The court appointing the receiver has exclusive jurisdiction 
55.7 	of over the limited liability company and its property, the receiver, and all receivership 
55.8 	property pursuant to section 576.23.

55.9 	Sec. 25. Minnesota Statutes 2010, section 462A.05, subdivision 32, is amended to read:
55.10 		Subd. 32.Appointment of receivers. The agency may obtain the appointment of 
55.11 	receivers or assignments of rents and profits under sections 559.17 and 576.01 576.25, 
55.12 	subdivision 5, except that the limitation relating to the minimum amounts of the original 
55.13 	principal balances of mortgages contained in sections 576.01, subdivision 2 576.25, 
55.14 	subdivision 5, paragraph (a), clause (1), and 559.17, subdivision 2, clause (2), shall be 
55.15 	inapplicable to it.

55.16 	Sec. 26. Minnesota Statutes 2010, section 469.012, subdivision 2i, is amended to read:
55.17 		Subd. 2i.Receivers, assignment of rent as security. An authority may secure a 
55.18 	mortgage or loan for a rental housing project by obtaining the appointment of receivers or 
55.19 	assignments of rents and profits under sections 559.17 and 576.01 576.25, subdivision 
55.20 	5, except that the limitation relating to the minimum amounts of the original principal 
55.21 	balances of mortgages specified in sections 559.17, subdivision 2, clause (2); and 576.01, 
55.22 	subdivision 2 576.25, subdivision 5, paragraph (a), clause (1), does not apply.

55.23 	Sec. 27. Minnesota Statutes 2010, section 540.14, is amended to read:
55.24 	540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW 
55.25 	SATISFIED.
55.26 	Except as limited in chapters 576 and 577, any receiver, assignee, or other person 
55.27 	appointed by a court to hold or manage property under its direction, may be sued on 
55.28 	account of any acts or transactions in carrying on the business connected with such 
55.29 	property without prior leave of court.
55.30 	Such action may be brought in any county in which it could have been brought 
55.31 	against the person or corporation represented by such receiver or other person, shall be 
55.32 	tried in the same manner and subject to the same rules of procedure, and any judgment 
56.1 	recovered therein against such receiver or other person shall be paid by the receiver or 
56.2 	other person as a part of the expenses of managing such property.

56.3 	Sec. 28. Minnesota Statutes 2010, section 559.17, subdivision 2, is amended to read:
56.4 		Subd. 2.Assignment; conditions. A mortgagor may assign, as additional security 
56.5 	for the debt secured by the mortgage, the rents and profits from the mortgaged real 
56.6 	property, if the mortgage:
56.7 	(1) was executed, modified or amended subsequent to August 1, 1977;
56.8 	(2) secured an original principal amount of $100,000 or more or is a lien upon 
56.9 	residential real estate containing more than four dwelling units; and
56.10 	(3) is not a lien upon property which was:
56.11 	(i) entirely homesteaded as agricultural property; or
56.12 	(ii) residential real estate containing four or fewer dwelling units where at least 
56.13 	one of the units is homesteaded. The assignment may be enforced, but only against the 
56.14 	nonhomestead portion of the mortgaged property, as follows:
56.15 	(a) if, by the terms of an assignment, a receiver is to be appointed upon the 
56.16 	occurrence of some specified event, and a showing is made that the event has occurred, 
56.17 	the court shall, without regard to waste, adequacy of the security, or solvency of the 
56.18 	mortgagor, appoint a receiver who shall, with respect to the excess cash remaining after 
56.19 	application as provided in section 576.01, subdivision 2 576.25, subdivision 5, apply it as 
56.20 	prescribed by the assignment. If the assignment so provides, the receiver shall apply the 
56.21 	excess cash in the manner set out herein from the date of appointment through the entire 
56.22 	redemption period from any foreclosure sale. Subject to the terms of the assignment, the 
56.23 	receiver shall have the powers and duties as set forth in section 576.01, subdivision 2
56.24 	576.25, subdivision 5; or
56.25 	(b) if no provision is made for the appointment of a receiver in the assignment or 
56.26 	if by the terms of the assignment a receiver may be appointed, the assignment shall be 
56.27 	binding upon the assignor unless or until a receiver is appointed without regard to waste, 
56.28 	adequacy of the security or solvency of the mortgagor, but only in the event of default in 
56.29 	the terms and conditions of the mortgage, and only in the event the assignment requires 
56.30 	the holder thereof to first apply the rents and profits received as provided in section 
56.31 	576.01, subdivision 2 576.25, subdivision 5, in which case the same shall operate against 
56.32 	and be binding upon the occupiers of the premises from the date of recording by the 
56.33 	holder of the assignment in the office of the county recorder or the office of the registrar of 
56.34 	titles for the county in which the property is located of a notice of default in the terms 
56.35 	and conditions of the mortgage and service of a copy of the notice upon the occupiers of 
57.1 	the premises. The holder of the assignment shall apply the rents and profits received in 
57.2 	accordance with the terms of the assignment, and, if the assignment so provides, for 
57.3 	the entire redemption period from any foreclosure sale. A holder of an assignment who 
57.4 	enforces it in accordance with this clause shall not be deemed to be a mortgagee in 
57.5 	possession with attendant liability.
57.6 	Nothing contained herein shall prohibit the right to reinstate the mortgage 
57.7 	debt granted pursuant to section 580.30, nor the right to redeem granted pursuant to 
57.8 	sections 580.23 and 581.10, and any excess cash, as that term is used herein, collected 
57.9 	by the receiver under clause (a), or any rents and profits taken by the holder of the 
57.10 	assignment under clause (b), shall be credited to the amount required to be paid to effect 
57.11 	a reinstatement or redemption.

57.12 	Sec. 29. Minnesota Statutes 2010, section 576.04, is amended to read:
57.13 	576.04 ABSENTEES; POSSESSION, MANAGEMENT, AND DISPOSITION 
57.14 	OF PROPERTY.
57.15 	If a person entitled to or having an interest in property within or without the 
57.16 	jurisdiction of the state has disappeared or absconded from the place within or without the 
57.17 	state where last known to be, and has no agent in the state, and it is not known where the 
57.18 	person is, or if such person, having a spouse or minor child or children dependent to any 
57.19 	extent upon the person for support, has thus disappeared, or absconded without making 
57.20 	sufficient provision for such support, and it is not known where the person is, or, if it is 
57.21 	known that the person is without the state, any one who would under the law of the state 
57.22 	be entitled to administer upon the estate of such absentee if deceased, or if no one is 
57.23 	known to be so entitled, some person deemed suitable by the court, or such spouse, or 
57.24 	some one in such spouse's or minors' behalf, may file a petition, under oath, in the court for 
57.25 	the county where any such property is situated or found, stating the name, age, occupation, 
57.26 	and last known residence or address of such absentee, the date and circumstances of the 
57.27 	disappearance or absconding, and the names and residences of other persons, whether 
57.28 	members of such absentee's family or otherwise, of whom inquiry may be made, whether 
57.29 	or not such absentee is a citizen of the United States, and if not, of what country the 
57.30 	absentee is a citizen or native, and containing a schedule of the property, real and personal, 
57.31 	so far as known, and its location within or without the state, and a schedule of contractual 
57.32 	or property rights contingent upon the absentee's death, and praying that real and personal 
57.33 	property may be taken possession of and a receiver thereof appointed under this chapter
57.34 	576. No proceedings shall be commenced under the provisions of sections 576.04 to 
58.1 	576.16 this chapter, except upon good cause shown until at least three months after the 
58.2 	date on which it is alleged in such petition that such person so disappeared or absconded. 

58.3 	Sec. 30. Minnesota Statutes 2010, section 576.06, is amended to read:
58.4 	576.06 NOTICE OF SEIZURE; APPOINTMENT OF RECEIVER; 
58.5 	DISPOSITION OF PROPERTY.
58.6 	Upon the return of such warrant, the court may issue a notice reciting the substance 
58.7 	of the petition, warrant, and officer's return, which shall be addressed to such absentee and 
58.8 	to all persons who claim an interest in such property, and to all whom it may concern, 
58.9 	citing them to appear at a time and place named and show cause why a receiver of the 
58.10 	property named in the officer's schedule should not be appointed and the property held and 
58.11 	disposed of under sections 576.04 to 576.16 this chapter. 

58.12 	Sec. 31. Minnesota Statutes 2010, section 576.08, is amended to read:
58.13 	576.08 HEARING BY COURT; DISMISSAL OF PROCEEDING; 
58.14 	APPOINTMENT AND BOND OF RECEIVER.
58.15 	The absentee, or any person who claims an interest in any of the property, may 
58.16 	appear and show cause why the prayer of the petition should not be granted. The court 
58.17 	may, after hearing, dismiss the petition and order the property in possession of the officer 
58.18 	to be returned to the person entitled thereto, or it may appoint a receiver of the property 
58.19 	which is in the possession of the officer and named in the schedule. If a receiver is 
58.20 	appointed, the court shall find and record the date of the disappearance or absconding 
58.21 	of the absentee; and the receiver shall give a bond to the state in the sum and with the 
58.22 	conditions the court orders, to be approved by the court pursuant to section 576.27. In the 
58.23 	appointment of the receiver the court shall give preference to the spouse of the absentee, if 
58.24 	the spouse is competent and suitable eligible to serve as receiver under section 576.26.

58.25 	Sec. 32. Minnesota Statutes 2010, section 576.09, is amended to read:
58.26 	576.09 POSSESSION TRANSFER OF PROPERTY BY TO RECEIVER.
58.27 	After the approval of the receiver gives its bond the court may order the sheriff or a 
58.28 	deputy to transfer and deliver to such receiver the possession of the property under the 
58.29 	warrant, and the receiver shall file in the office of the court administrator a schedule 
58.30 	of the property received.

59.1 	Sec. 33. Minnesota Statutes 2010, section 576.11, is amended to read:
59.2 	576.11 WHERE NO CORPOREAL PROPERTY; RECEIVER; BOND.
59.3 	If the absentee has left no corporeal property within or without the state, but there 
59.4 	are debts and obligations due or owing to the absentee from persons within or without 
59.5 	the state, a petition may be filed, as provided in section 576.04 578.02, stating the nature 
59.6 	and amount of such debts and obligations, so far as known, and praying that a receiver 
59.7 	thereof may be appointed. The court may thereupon issue a notice, as above provided, 
59.8 	without issuing a warrant, and may, upon the return of the notice and after a hearing, 
59.9 	dismiss the petition or appoint a receiver and authorize and direct the receiver to demand 
59.10 	and collect the debts and obligations specified in the petition. The receiver shall give 
59.11 	bond, as provided in section 576.08 576.27, and hold the proceeds of such debts and 
59.12 	obligations and all property received, and distribute the same as provided in sections 
59.13 	576.12 to 576.16 chapter 576. The receiver may be further authorized and directed as 
59.14 	provided in section 576.10 578.08. 

59.15 	Sec. 34. Minnesota Statutes 2010, section 576.121, is amended to read:
59.16 	576.121 ADVANCE LIFE INSURANCE PAYMENTS TO ABSENTEE'S 
59.17 	BENEFICIARY.
59.18 	If the beneficiary under an insurance policy on the life of an absentee is the 
59.19 	absentee's spouse, child, or other person dependent upon the absentee for support and 
59.20 	advance payments under the policy are necessary to support and maintain the beneficiary, 
59.21 	the beneficiary shall be entitled to advance payments as the court determines under section 
59.22 	576.122 578.12. "Beneficiary" under this section includes an heir at law of the person 
59.23 	whose life is insured if the policy is payable to the insured's estate. 

59.24 	Sec. 35. Minnesota Statutes 2010, section 576.123, is amended to read:
59.25 	576.123 REAPPEARANCE OF ABSENTEE.
59.26 		Subdivision 1.Insurance payments; reduction. If an absentee is declared dead 
59.27 	after advance insurance payments have been made pursuant to section 576.122 578.12, 
59.28 	the amount payable under the policy shall be reduced by the total amount of payments 
59.29 	made under section 576.122 578.12. 
59.30 		Subd. 2.Reimbursement of insurer. If an absentee is found to be living after 
59.31 	advance insurance payments have been made to a beneficiary pursuant to section 576.122
59.32 	578.12, the absentee and beneficiary shall reimburse the insurer the amount of the 
59.33 	payments made. 
60.1 	If the insurer is unable to obtain full reimbursement, the amount payable under the 
60.2 	policy shall be reduced to the extent necessary to allow full reimbursement. Failure of the 
60.3 	absentee and beneficiary to reimburse the insurer upon demand for payment sent by the 
60.4 	insurer by certified mail to the last known address of the absentee and beneficiary shall be 
60.5 	sufficient to show the insurer's inability to obtain reimbursement.

60.6 	Sec. 36. Minnesota Statutes 2010, section 576.144, is amended to read:
60.7 	576.144 DISSOLUTION OF MARRIAGE.
60.8 	If the court finds the absentee dead in accordance with section 576.142 578.17, the 
60.9 	absentee's marriage is dissolved. The court shall enter the conclusion of law dissolving the 
60.10 	marriage on the order which establishes the death of the absentee as a matter of law. 

60.11 	Sec. 37. Minnesota Statutes 2010, section 576.15, is amended to read:
60.12 	576.15 COMPENSATION OF RECEIVER; TITLE OF ABSENTEE LOST 
60.13 	AFTER FOUR YEARS.
60.14 	The receiver shall be allowed such compensation and disbursements as the court 
60.15 	orders, to be paid out of the property or proceeds provided in chapter 576. If, within 
60.16 	four years after the date of the disappearance or absconding, as found and recorded by 
60.17 	the court, the absentee appears, and has not been declared dead under section 576.142
60.18 	578.17, or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of 
60.19 	the absentee is appointed, the receiver shall account for, deliver, and pay over to the 
60.20 	absentee the remainder of the property. If the absentee does not appear and claim the 
60.21 	property within four years, all the absentee's right, title, and interest in the property, real 
60.22 	or personal, or the proceeds thereof, shall cease, and no action shall be brought by the 
60.23 	absentee on account thereof. 
60.24 	If the absentee is declared dead pursuant to section 576.142 578.17 and appears 
60.25 	before the expiration of four years, the absentee shall have no right, title and interest in the 
60.26 	property, real or personal, or the proceeds thereof. 

60.27 	Sec. 38. Minnesota Statutes 2010, section 576.16, is amended to read:
60.28 	576.16 PROPERTY DISTRIBUTION; TIME LIMITATION.
60.29 	If the receiver is not appointed within three years after the date found by the court 
60.30 	under section 576.08 578.06, the time limited for accounting for, or fixed for distributing, 
60.31 	the property or its proceeds, or for barring actions relative thereto, shall be one year after 
61.1 	the date of the appointment of the receiver instead of the four years provided in sections 
61.2 	576.14 578.15 and 576.15 578.20. 
61.3 	The provisions of sections 576.04 to 576.16 this chapter shall not be construed as 
61.4 	exclusive, but as providing additional and cumulative remedies. 

61.5 	Sec. 39. REVISOR'S INSTRUCTION.
 61.6 	The revisor of statutes shall renumber each section of Minnesota Statutes listed 
61.7 	in Column A with the number in Column B. The revisor shall correct any incorrect 
61.8 	cross-references resulting from this renumbering.

61.9	Column A
	Column B
	
61.10	576.011
	578.01
	
61.11	576.04
	578.02
	
61.12	576.05
	578.03
	
61.13	576.06
	578.04
	
61.14	576.07
	578.05
	
61.15	576.08
	578.06
	
61.16	576.09
	578.07
	
61.17	576.10
	578.08
	
61.18	576.11
	578.09
	
61.19	576.12
	578.10
	
61.20	571.121
	578.11
	
61.21	576.122
	578.12
	
61.22	576.123
	578.13
	
61.23	576.13
	578.14
	
61.24	576.14
	578.15
	
61.25	576.141
	578.16
	
61.26	576.142
	578.17
	
61.27	576.143
	578.18
	
61.28	576.144
	578.19
	
61.29	576.15
	578.20
	
61.30	576.16
	578.21

61.31 	Sec. 40.  REPEALER.
 61.32 	Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision 
61.33 	2; 308B.951, subdivisions 2 and 3; 317A.759, subdivision 2; and 576.01, are repealed.

62.1 	ARTICLE 8
62.2 	CIVIL RIGHTS NOTICES

62.3 	Section 1. [201.280] DUTIES OF SECRETARY OF STATE; INFORMATION 
62.4 	ABOUT VOTING RIGHTS.
62.5 	The secretary of state shall develop accurate and complete information in a single 
62.6 	publication about the voting rights of people who have been charged with or convicted 
62.7 	of a felony-level offense. This publication must be made available electronically to the 
62.8 	state court administrator for distribution to judges, court personnel, probation officers, 
62.9 	and the Department of Corrections for distribution to corrections officials, parole officers, 
62.10 	and the public.

62.11 	Sec. 2. Minnesota Statutes 2010, section 203B.06, subdivision 3, is amended to read:
62.12 		Subd. 3.Delivery of ballots. (a) An application for an absentee ballot that lists the 
62.13 	residential or mailing address of a correctional facility in which only persons convicted 
62.14 	of felony-level sentences reside must not be accepted and an absentee ballot must not 
62.15 	be provided to the applicant. The county auditor or municipal clerk must promptly 
62.16 	transmit a copy of the application to the county attorney. The Department of Corrections 
62.17 	shall implement procedures to ensure that absentee ballots are not received or mailed 
62.18 	by incarcerated offenders.
62.19 	(b) If an application for absentee ballots is accepted at a time when absentee ballots 
62.20 	are not yet available for distribution, the county auditor, or municipal clerk accepting the 
62.21 	application shall file it and as soon as absentee ballots are available for distribution shall 
62.22 	mail them to the address specified in the application. If an application for absentee ballots 
62.23 	is accepted when absentee ballots are available for distribution, the county auditor or 
62.24 	municipal clerk accepting the application shall promptly:
62.25 	(1) mail the ballots to the voter whose signature appears on the application if the 
62.26 	application is submitted by mail and does not request commercial shipping under clause 
62.27 	(2);
62.28 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
62.29 	the voter's expense;
62.30 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
62.31 	person; or
62.32 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
62.33 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
62.34 	voter who would have difficulty getting to the polls because of incapacitating health 
63.1 	reasons, or who is disabled, or who is a patient in a health care facility, a resident of 
63.2 	a facility providing assisted living services governed by chapter 144G, a participant in 
63.3 	a residential program for adults licensed under section 245A.02, subdivision 14, or a 
63.4 	resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
63.5 	(b) (c) If an application does not indicate the election for which absentee ballots are 
63.6 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 
63.7 	the next election occurring after receipt of the application. Only one set of ballots may 
63.8 	be mailed, shipped, or delivered to an applicant for any election, except as provided in 
63.9 	section 203B.13, subdivision 2, or when a replacement ballot has been requested by the 
63.10 	voter for a ballot that has been spoiled or lost in transit.

63.11 	Sec. 3. [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
63.12 		Subdivision 1.Correctional facilities; designation of official. The chief executive 
63.13 	officer of each state correctional facility shall designate an official within the facility to 
63.14 	provide the notice required under this section to inmates who have been restored to civil 
63.15 	rights. The official may also maintain a supply of voter registration applications and 
63.16 	informational materials to accompany the notice.
63.17 		Subd. 2.Notice requirement. A notice of restoration of civil rights must be 
63.18 	provided as follows:
63.19 	(1) the chief executive officer of each state correctional facility shall provide the 
63.20 	notice and may provide a voter registration application to an inmate being released from 
63.21 	the facility following incarceration for a felony-level offense if the inmate's sentence is 
63.22 	discharged and civil rights restored under section 609.165; and
63.23 	(2) a probation officer or supervised release agent shall provide the notice and may 
63.24 	provide a voter registration application when an individual under correctional supervision 
63.25 	for a felony-level offense is discharged from sentence and the individual's civil rights 
63.26 	have been restored under section 609.165.
63.27 		Subd. 3.Form of notice. The notice required by subdivision 2 must appear 
63.28 	substantially as follows:
63.29 	"NOTICE OF RESTORATION OF CIVIL RIGHTS, INCLUDING 
63.30 	YOUR RIGHT TO VOTE.
63.31 	Your final discharge today means that your civil rights have been restored. This 
63.32 	includes a restoration of your right to vote in Minnesota. Before you can vote on election 
63.33 	day, you still need to register to vote. To register, you can complete a voter registration 
63.34 	application and return it to the Office of the Minnesota Secretary of State. You also can 
63.35 	register to vote in your polling place on election day. You will not be permitted to cast a 
64.1 	ballot until you register to vote. The first time you appear at your polling place to cast a 
64.2 	ballot, you may be required to provide proof of your current residence."
64.3 		Subd. 4.Failure to provide notice. A failure to provide proper notice as required 
64.4 	by this section does not prevent the restoration of an inmate's civil rights upon discharge.

64.5 	Sec. 4. [630.125] DEFENDANT; NOTICE OF LOSS OF CIVIL RIGHTS UPON 
64.6 	CONVICTION.
64.7 	For felony-level offenses, prior to the court's acceptance of a plea from the 
64.8 	defendant, the court must notify the defendant that a guilty plea or conviction for a 
64.9 	felony-level offense will result in a loss of the defendant's civil rights, including the right 
64.10 	to vote, until the defendant's sentence has been discharged.