1.1 	A bill for an act
1.2 	relating to probate; authorizing courts to construe certain will and trust provisions; 
1.3 	updating and revising the Uniform Disclaimer of Property Interests Act; changing 
1.4 	certain receivership provisions; providing for assignments for the benefit of 
1.5 	certain creditors; making conforming amendments; renumbering certain statutory 
1.6 	sections;amending Minnesota Statutes 2010, sections 302A.753, subdivisions 
1.7 	2, 3; 302A.755; 302A.759, subdivision 1; 302A.761; 308A.945, subdivisions 
1.8 	2, 3; 308A.951; 308A.961, subdivision 1; 308A.965; 308B.935, subdivisions 
1.9 	2, 3; 308B.941; 308B.951, subdivision 1; 308B.955; 316.11; 317A.255, 
1.10 	subdivision 1; 317A.753, subdivisions 3, 4; 317A.755; 317A.759, subdivision 
1.11 	1; 322B.836, subdivisions 2, 3; 322B.84; 462A.05, subdivision 32; 469.012, 
1.12 	subdivision 2i; 524.2-712; 524.2-1103; 524.2-1104; 524.2-1106; 524.2-1107; 
1.13 	524.2-1114; 524.2-1115; 524.2-1116; 524.5-502; 540.14; 559.17, subdivision 
1.14 	2; 576.04; 576.06; 576.08; 576.09; 576.11; 576.121; 576.123; 576.144; 576.15; 
1.15 	576.16; proposing coding for new law in Minnesota Statutes, chapters 576; 577; 
1.16 	repealing Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, 
1.17 	subdivision 2; 308B.951, subdivisions 2, 3; 317A.759, subdivision 2; 576.01; 
1.18 	577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 577.08; 577.09; 577.10.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	ARTICLE 1
1.21 	WILL AND TRUST CONSTRUCTION REVISION

1.22 	Section 1. Minnesota Statutes 2010, section 524.2-712, is amended to read:
1.23 	524.2-712 DECEDENTS DYING AFTER DECEMBER 31, 2009, AND 
1.24 	BEFORE JANUARY 1, 2011; FORMULA CLAUSES TO BE CONSTRUED TO 
1.25 	REFER TO FEDERAL ESTATE TAX AND FEDERAL GENERATION-SKIPPING 
1.26 	TRANSFER TAX LAWS.
1.27 	(a) A governing instrument, including a will or trust agreement, of a decedent who 
1.28 	dies after December 31, 2009, and before January 1, 2011, that contains a formula or 
1.29 	provision referring to the "unified credit," "estate tax exemption," "applicable exemption 
2.1 	amount," "applicable credit amount," "applicable exclusion amount," "generation-skipping 
2.2 	transfer tax exemption," "GST exemption," "marital deduction," "maximum marital 
2.3 	deduction," "unlimited marital deduction," "inclusion ratio," "applicable fraction," or 
2.4 	any section of the Internal Revenue Code relating to the federal estate tax or federal 
2.5 	generation-skipping transfer tax, or that measures a share of an estate or trust by reference 
2.6 	to federal estate taxes or federal generation-skipping transfer taxes, is deemed to refer to 
2.7 	the federal estate tax and federal generation-skipping transfer tax laws as they applied with 
2.8 	respect to the estates of decedents dying on December 31, 2009. This paragraph does not 
2.9 	apply to a governing instrument, including a will or trust agreement, that manifests an 
2.10 	intent that a contrary rule will apply if the decedent dies on a date on which there is no 
2.11 	then-applicable federal estate or federal generation-skipping transfer tax.
2.12 	(b) If the federal estate or federal generation-skipping transfer tax becomes effective 
2.13 	before January 1, 2011, then the reference to January 1, 2011, in paragraph (a) is deemed 
2.14 	to refer to the first date on which this tax becomes legally effective, instead of January 1, 
2.15 	2011.
2.16 	(c)(b) The personal representative, trustee, or any interested person under the 
2.17 	governing instrument, including a will or trust agreement, may bring a proceeding 
2.18 	to determine whether the decedent intended that a formula or provision described in 
2.19 	paragraph (a) be construed with respect to the law as it existed after December 31, 2009. 
2.20 	This proceeding must be commenced by December 31, 2011., and the court may consider 
2.21 	extrinsic evidence that contradicts the plain meaning of the will, trust, or other governing 
2.22 	instrument. The court may modify a provision of a will, trust, or other governing 
2.23 	instrument that refers to the federal estate tax or generation-skipping transfer tax laws as 
2.24 	described in paragraph (a) to conform the terms to the decedent's intention, or achieve 
2.25 	the decedent's tax objectives in a manner that is not contrary to the decedent's probable 
2.26 	intention. The court may provide that its decision, including any decision to modify 
2.27 	a provision of a will, trust, or other governing instrument, is effective as of the date of 
2.28 	the decedent's death.

2.29 	ARTICLE 2
2.30 	UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

2.31 	Section 1. Minnesota Statutes 2010, section 524.2-1103, is amended to read:
2.32 	524.2-1103 SCOPE.
2.33 	Sections 524.2-1101 to 524.2-1116 apply to disclaimers of any interest in or power 
2.34 	over property, whenever created. Except as provided in section 524.2-1116, sections 
3.1 	524.2-1101 to 524.2-1116 are the exclusive means by which a disclaimer may be made 
3.2 	under Minnesota law regardless of whether it is qualified under section 2518 of the 
3.3 	Internal Revenue Code of 1986 in effect on January 1, 2010 as defined in section 291.005, 
3.4 	subdivision 1, clause 3.

3.5 	Sec. 2. Minnesota Statutes 2010, section 524.2-1104, is amended to read:
3.6 	524.2-1104 TAX-QUALIFIED DISCLAIMER.
3.7 	Notwithstanding any other provision of this chapter, other than section 524.2-1106, 
3.8 	if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated 
3.9 	pursuant to the provisions of section 2518 of the Internal Revenue Code of 1986, as in 
3.10 	effect on January 1, 2010 defined in section 291.005, subdivision 1, clause 3, as never 
3.11 	having been transferred to the disclaimant, then the disclaimer or transfer is effective as a 
3.12 	disclaimer under sections 524.2-1101 to 524.2-1116.

3.13 	Sec. 3. Minnesota Statutes 2010, section 524.2-1106, is amended to read:
3.14 	524.2-1106 WHEN DISCLAIMER IS BARRED OR LIMITED.
3.15 	(a) A disclaimer is barred by a written waiver of the right to disclaim.
3.16 	(b) A disclaimer of an interest in property is barred if any of the following events 
3.17 	occur before the disclaimer becomes effective:
3.18 	(1) the disclaimant accepts the portion of the interest sought to be disclaimed;
3.19 	(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the 
3.20 	portion of the interest sought to be disclaimed or contracts to do so;
3.21 	(3) the portion of the interest sought to be disclaimed is sold pursuant to a judicial 
3.22 	sale; or
3.23 	(4) the disclaimant is insolvent when the disclaimer becomes irrevocable.
3.24 	(c) Acceptance of a distribution from a trust shall constitute acceptance of only 
3.25 	that portion of the beneficial interest in that trust that has been distributed, and shall not 
3.26 	constitute acceptance or bar disclaimer of that portion of the beneficial interest in the trust 
3.27 	that has not yet been distributed.
3.28 	(c) (d) A disclaimer, in whole or in part, of the future exercise of a power held in a 
3.29 	fiduciary capacity is not barred by its previous exercise.
3.30 	(d) (e) A disclaimer, in whole or in part, of the future exercise of a power not held in 
3.31 	a fiduciary capacity is not barred by its previous exercise unless the power is exercisable 
3.32 	in favor of the disclaimant.
3.33 	(e) (f) A disclaimer of an interest in, or a power over, property which is barred by 
3.34 	this section is ineffective.

4.1 	Sec. 4. Minnesota Statutes 2010, section 524.2-1107, is amended to read:
4.2 	524.2-1107 POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN 
4.3 	IRREVOCABLE.
4.4 	(a) A person may disclaim, in whole or in part, any interest in or power over 
4.5 	property, including a power of appointment. A person may disclaim the interest or power 
4.6 	even if its creator imposed a spendthrift provision or similar restriction on transfer or a 
4.7 	restriction or limitation on the right to disclaim.
4.8 	(b) With court approval, a fiduciary may disclaim, in whole or in part, any interest in 
4.9 	or power over property, including a power of appointment when acting in a representative 
4.10 	capacity. Without court approval, a fiduciary may disclaim, in whole or in part, any interest 
4.11 	in or power over property, including a power of appointment, if and to the extent that the 
4.12 	instrument creating the fiduciary relationship explicitly grants the fiduciary the right to 
4.13 	disclaim. With court approval, a custodial parent may disclaim on behalf of a minor child 
4.14 	for whom no conservator has been appointed, in whole or in part, any interest in or power 
4.15 	over property, including a power of appointment, which the minor child is to receive.
4.16 	(c) To be effective, a disclaimer must be in writing, declare the writing as a 
4.17 	disclaimer, describe the interest or power disclaimed, and be signed by the person or 
4.18 	fiduciary making the disclaimer and acknowledged in the manner provided for deeds of 
4.19 	real estate to be recorded in this state. In addition, for a disclaimer to be effective, an 
4.20 	original of the disclaimer must be delivered or filed in the manner provided in section 
4.21 	524.2-1114.
4.22 	(d) A partial disclaimer may be expressed as a fraction, percentage, monetary 
4.23 	amount, specific property, term of years, portion of a beneficial interest in or right to 
4.24 	distributions from a trust, limitation of a power, or any other interest or estate in the 
4.25 	property.
4.26 	(e) A disclaimer becomes irrevocable when the disclaimer is delivered or filed 
4.27 	pursuant to section 524.2-1114 or it becomes effective as provided in sections 524.2-1108 
4.28 	to 524.2-1113, whichever occurs later.
4.29 	(f) A disclaimer made under sections 524.2-1101 to 524.2-1116 is not a transfer, 
4.30 	assignment, or release.

4.31 	Sec. 5. Minnesota Statutes 2010, section 524.2-1114, is amended to read:
4.32 	524.2-1114 DELIVERY OR FILING.
4.33 	(a) Subject to paragraphs (b) to (l), delivery of a disclaimer may be effective 
4.34 	by personal delivery, first-class mail, or any other method that results in its receipt. 
4.35 	A disclaimer sent by first-class mail is deemed to have been delivered on the date it is 
5.1 	postmarked. Delivery by any other method is effective upon receipt by the person to 
5.2 	whom the disclaimer is to be delivered under this section.
5.3 	(b) In the case of a disclaimer of an interest created under the law of intestate 
5.4 	succession or an interest created by will, other than an interest in a testamentary trust:
5.5 	(1) the disclaimer must be delivered to the personal representative of the decedent's 
5.6 	estate; or
5.7 	(2) if no personal representative is serving when the disclaimer is sought to be 
5.8 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
5.9 	venue of administration would be proper.
5.10 	(c) In the case of a disclaimer of an interest in a testamentary trust:
5.11 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
5.12 	delivered or, if no trustee is then serving, to the personal representative of the decedent's 
5.13 	estate; or
5.14 	(2) if no personal representative is serving when the disclaimer is sought to be 
5.15 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
5.16 	venue of administration of the decedent's estate would be proper.
5.17 	(d) In the case of a disclaimer of an interest in an inter vivos trust:
5.18 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
5.19 	delivered;
5.20 	(2) if no trustee is then serving, it must be filed with the clerk of the court in any 
5.21 	county where the filing of a notice of trust would be proper; or
5.22 	(3) if the disclaimer is made before the time the instrument creating the trust becomes 
5.23 	irrevocable, the disclaimer must be delivered to the person with the power to revoke the 
5.24 	revocable trust or the transferor of the interest or to such person's legal representative.
5.25 	(e) In the case of a disclaimer of an interest created by a beneficiary designation made 
5.26 	before the time the designation becomes irrevocable, the disclaimer must be delivered to 
5.27 	the person making the beneficiary designation or to such person's legal representative.
5.28 	(f) In the case of a disclaimer of an interest created by a beneficiary designation 
5.29 	made after the time the designation becomes irrevocable, the disclaimer must be delivered 
5.30 	to the person obligated to distribute the interest.
5.31 	(g) In the case of a disclaimer by a surviving holder of jointly held property, the 
5.32 	disclaimer must be delivered to the person to whom the disclaimed interest passes or, if 
5.33 	such person cannot reasonably be located by the disclaimant, the disclaimer must be 
5.34 	delivered as provided in paragraph (b).
6.1 	(h) In the case of a disclaimer by an object, or taker in default of exercise, of a 
6.2 	power of appointment at any time after the power was created, the disclaimer must be 
6.3 	delivered to:
6.4 	(1) the holder of the power; or
6.5 	(2) the fiduciary acting under the instrument that created the power or, if no fiduciary 
6.6 	is serving when the disclaimer is sought to be delivered, filed with a court having authority 
6.7 	to appoint the fiduciary.
6.8 	(i) In the case of a disclaimer by an appointee of a nonfiduciary power of 
6.9 	appointment, the disclaimer must be delivered to:
6.10 	(1) the holder of the power or the personal representative of the holder's estate; or
6.11 	(2) the fiduciary under the instrument that created the power or, if no fiduciary is 
6.12 	serving when the disclaimer is sought to be delivered, filed with a court having authority 
6.13 	to appoint the fiduciary.
6.14 	(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the 
6.15 	disclaimer must be delivered as provided in paragraph (b), (c), or (d) as if the power 
6.16 	disclaimed were an interest in property.
6.17 	(k) In the case of a disclaimer of a power exercisable by an agent, other than a power 
6.18 	exercisable by a fiduciary over a trust or estate, the disclaimer must be delivered to the 
6.19 	principal or the principal's representative.
6.20 	(l) Notwithstanding paragraph (a), delivery of a disclaimer of an interest in or 
6.21 	relating to real estate shall be presumed upon the recording of the disclaimer in the office 
6.22 	of the clerk of the court county recorder or registrar of titles of the county or counties 
6.23 	where the real estate is located.
6.24 	(m) A fiduciary or other person having custody of the disclaimed interest is not 
6.25 	liable for any otherwise proper distribution or other disposition made without actual 
6.26 	notice of the disclaimer or, if the disclaimer is barred under section 524.2-1106, for any 
6.27 	otherwise proper distribution or other disposition made in reliance on the disclaimer, if 
6.28 	the distribution or disposition is made without actual knowledge of the facts constituting 
6.29 	the bar of the right to disclaim.

6.30 	Sec. 6. Minnesota Statutes 2010, section 524.2-1115, is amended to read:
6.31 	524.2-1115 RECORDING OF DISCLAIMER RELATING TO REAL ESTATE.
6.32 	(a) A disclaimer of an interest in or relating to real estate does not provide 
6.33 	constructive notice to all persons unless the disclaimer contains a legal description of the 
6.34 	real estate to which the disclaimer relates and unless the disclaimer is filed for recording
7.1 	recorded in the office of the county recorder or registrar of titles in the county or counties 
7.2 	where the real estate is located.
7.3 	(b) An effective disclaimer meeting the requirements of paragraph (a) constitutes 
7.4 	constructive notice to all persons from the time of filing recording. Failure to record the 
7.5 	disclaimer does not affect its validity as between the disclaimant and persons to whom the 
7.6 	property interest or power passes by reason of the disclaimer.

7.7 	Sec. 7. Minnesota Statutes 2010, section 524.2-1116, is amended to read:
7.8 	524.2-1116 APPLICATION TO EXISTING RELATIONSHIPS.
7.9 	Except as otherwise provided in section 524.2-1106, an Sections 524.2-1101 to 
7.10 	524.2-1116 apply to disclaimers of any interest in or power over property existing on 
7.11 	January 1, 2010, as to which the time for delivering or filing a disclaimer under laws 
7.12 	superseded by sections 524.2-1101 to 524.2-1116 has not expired, may be disclaimed 
7.13 	after January 1, 2010 whenever created.

7.14 	ARTICLE 3
7.15 	PROTECTED PERSONS AND WARDS

7.16 	Section 1. Minnesota Statutes 2010, section 524.5-502, is amended to read:
7.17 	524.5-502 COMPENSATION AND EXPENSES.
7.18 	(a) The court may authorize a proceeding under this article to proceed in forma 
7.19 	pauperis, as provided in chapter 563.
7.20 	(b) In proceedings under this article, a lawyer or health professional rendering 
7.21 	necessary services with regard to the appointment of a guardian or conservator, the 
7.22 	administration of the ward's or protected person's estate or personal affairs, or the 
7.23 	restoration of that person's capacity or termination of the protective proceeding shall be 
7.24 	entitled to compensation from the ward's or protected person's estate or from the county 
7.25 	having jurisdiction over the proceedings if the ward or protected person is indigent. When 
7.26 	the court determines that other necessary services have been provided for the benefit of the 
7.27 	ward or protected person by a lawyer or health professional, the court may order fees to be 
7.28 	paid from the estate of the ward or protected person or from the county having jurisdiction 
7.29 	over the proceedings if the ward or protected person is indigent. If, however, the court 
7.30 	determines that a petitioner, guardian, or conservator has not acted in good faith, the court 
7.31 	shall order some or all of the fees or costs incurred in the proceedings to be borne by the 
7.32 	petitioner, guardian, or conservator not acting in good faith. In determining compensation 
7.33 	for a guardian or conservator of an indigent person, the court shall consider a fee schedule 
8.1 	recommended by the Board of County Commissioners. The fee schedule may also include 
8.2 	a maximum compensation based on the living arrangements of the ward or protected 
8.3 	person. If these services are provided by a public or private agency, the county may 
8.4 	contract on a fee-for-service basis with that agency.
8.5 	(c) When the court determines that a guardian or conservator has rendered necessary 
8.6 	services or has incurred necessary expenses for the benefit of the ward or protected person, 
8.7 	the court may order reimbursement or compensation to be paid from the estate of the 
8.8 	ward or protected person or from the county having jurisdiction over the guardianship 
8.9 	or protective proceeding if the ward or protected person is indigent. The court may not 
8.10 	deny an award of fees solely because the ward or protected person is a recipient of 
8.11 	medical assistance. In determining compensation for a guardian or conservator of an 
8.12 	indigent person, the court shall consider a fee schedule recommended by the Board of 
8.13 	County Commissioners. The fee schedule may also include a maximum compensation 
8.14 	based on the living arrangements of the ward or protected person. If these services are 
8.15 	provided by a public or private agency, the county may contract on a fee-for-service 
8.16 	basis with that agency.
8.17 	(d) The court shall order reimbursement or compensation if the guardian or 
8.18 	conservator requests payment and the guardian or conservator was nominated by the court 
8.19 	or by the county adult protection unit because no suitable relative or other person was 
8.20 	available to provide guardianship or protective proceeding services necessary to prevent 
8.21 	maltreatment of a vulnerable adult, as defined in section 626.5572, subdivision 15. In 
8.22 	determining compensation for a guardian or conservator of an indigent person, the court 
8.23 	shall consider a fee schedule recommended by the Board of County Commissioners. The 
8.24 	fee schedule may also include a maximum compensation based on the living arrangements 
8.25 	of the ward or protected person. If these services are provided by a public or private 
8.26 	agency, the county may contract on a fee-for-service basis with that agency.
8.27 	(e) When a county employee serves as a guardian or conservator as part of 
8.28 	employment duties, the court shall order compensation if the guardian or conservator 
8.29 	performs necessary services that are not compensated by the county. The court may order 
8.30 	reimbursement to the county from the ward's or protected person's estate for compensation 
8.31 	paid by the county for services rendered by a guardian or conservator who is a county 
8.32 	employee but only if the county shows that after a diligent effort it was unable to arrange 
8.33 	for an independent guardian or conservator.

9.1 	ARTICLE 4
9.2 	RECEIVERSHIPS

9.3 	Section 1. [576.21] DEFINITIONS.
9.4 	(a) The definitions in this section apply throughout this chapter unless the context 
9.5 	requires otherwise.
9.6 	(b) "Court" means the district court in which the receivership is pending unless 
9.7 	the context requires otherwise.
9.8 	(c) "Entity" means a person other than a natural person.
9.9 	(d) "Executory contract" means a contract, including a lease, where the obligations 
9.10 	of both the respondent and the other party to the contract are unperformed to the extent 
9.11 	that the failure of either party to complete performance of its obligations would constitute 
9.12 	a material breach of the contract, thereby excusing the other party's performance of its 
9.13 	obligations under the contract.
9.14 	(e) "Foreign receiver" means a receiver appointed in any foreign jurisdiction.
9.15 	(f) "Foreign jurisdiction" means any state or federal jurisdiction other than that of 
9.16 	this state.
9.17 	(g) "General receiver" means the receiver appointed in a general receivership.
9.18 	(h) "General receivership" means a receivership over all or substantially all of 
9.19 	the nonexempt property of a respondent for the purpose of liquidation and distribution 
9.20 	to creditors and other parties in interest, including, without limitation, a receivership 
9.21 	resulting from the appointment of a receiver pursuant to section 302A.753, 308A.945, 
9.22 	308B.935, 317A.753, or 322B.836.
9.23 	(i) "Lien" means a charge against or interest in property to secure payment of a debt 
9.24 	or the performance of an obligation, including any mortgage or security interest.
9.25 	(j) "Limited receiver" means the receiver appointed in a limited receivership.
9.26 	(k) "Limited receivership" means a receivership other than a general receivership.
9.27 	(l) "Party" means a person who is a party within the meaning of the Minnesota Rules 
9.28 	of Civil Procedure in the action in which a receiver is appointed.
9.29 	(m) "Party in interest" includes the respondent, any equity security holder in the 
9.30 	respondent, any person with an ownership interest in or lien on receivership property, and, 
9.31 	in a general receivership, any creditor of the respondent.
9.32 	(n) "Person" has the meaning given it in section 645.44 and shall include limited 
9.33 	liability companies, limited liability partnerships, and other entities recognized under 
9.34 	the laws of this state.
10.1 	(o) "Property" means all of respondent's right, title, and interest, both legal and 
10.2 	equitable, in real and personal property, regardless of the manner by which any of the 
10.3 	same were or are acquired. Property includes, but is not limited to, any proceeds, products, 
10.4 	offspring, rents, or profits of or from the property. Property does not include: (1) any power 
10.5 	that the respondent may exercise solely for the benefit of another person, or (2) property 
10.6 	impressed with a trust except to the extent that the respondent has a residual interest.
10.7 	(p) "Receiver" means a person appointed by the court as the court's agent, and 
10.8 	subject to the court's direction, to take possession of, manage, and, if authorized by this 
10.9 	chapter or order of the court, dispose of receivership property.
10.10 	(q) "Receivership" means the case in which the receiver is appointed, and, as the 
10.11 	context requires, the proceeding in which the receiver takes possession of, manages, 
10.12 	or disposes of the respondent's property.
10.13 	(r) "Receivership property" means (1) in the case of a general receivership, all 
10.14 	or substantially all of the nonexempt property of the respondent, or (2) in the case of a 
10.15 	limited receivership, that property of the respondent identified in the order appointing 
10.16 	the receiver, or in any subsequent order.
10.17 	(s) "Respondent" means the person over whose property the receiver is appointed.
10.18 	(t) "State agent" and "state agency" means any office, department, division, bureau, 
10.19 	board, commission, or other agency of the state of Minnesota or of any subdivision thereof, 
10.20 	or any individual acting in an official capacity on behalf of any state agent or state agency.
10.21 	(u) "Time of appointment" means the date and time specified in the first order 
10.22 	of appointment of a receiver or, if the date and time are not specified in the order of 
10.23 	appointment, the date and time that the court ruled on the motion for the appointment of 
10.24 	a receiver. Time of appointment does not mean any subsequent date or time, including 
10.25 	the execution of a written order, the filing or docketing of a written order, or the posting 
10.26 	of a bond.
10.27 	(v) "Utility" means a person providing any service regulated by the Public Utilities 
10.28 	Commission.

10.29 	Sec. 2. [576.22] APPLICABILITY OF CHAPTER AND OF COMMON LAW.
10.30 	(a) This chapter applies to receiverships provided for in section 576.25, subdivisions 
10.31 	2 to 6, and to receiverships:
10.32 	(1) pursuant to section 193.147, in connection with a mortgage on an armory;
10.33 	(2) pursuant to section 223.17, subdivision 8, paragraph (b), in connection with 
10.34 	a defaulting grain buyer;
11.1 	(3) pursuant to section 232.22, subdivision 7, paragraph (c), in connection with a 
11.2 	defaulting public grain warehouse;
11.3 	(4) pursuant to section 296A.22, in connection with nonpayment of tax;
11.4 	(5) pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or 322B.836, 
11.5 	in an action relating to the dissolution of an entity and relating to, in like cases, property 
11.6 	within the state of foreign entities;
11.7 	(6) pursuant to section 321.0703, in connection with the rights of a creditor of a 
11.8 	partner or transferee;
11.9 	(7) pursuant to section 322.22, in connection with the rights of creditors of limited 
11.10 	partners;
11.11 	(8) pursuant to section 323A.0504, in connection with a partner's transferable 
11.12 	interest;
11.13 	(9) pursuant to section 453.55, in connection with bonds and notes;
11.14 	(10) pursuant to section 453A.05, in connection with bonds and notes;
11.15 	(11) pursuant to section 513.47, in connection with a proceeding for relief with 
11.16 	respect to a transfer fraudulent as to a creditor or creditors;
11.17 	(12) pursuant to section 514.06, in connection with the severance of a building 
11.18 	and resale;
11.19 	(13) pursuant to section 515.23, in connection with an action by a unit owners' 
11.20 	association to foreclose a lien for nonpayment of delinquent assessments against 
11.21 	condominium units;
11.22 	(14) pursuant to section 518A.71, in connection with the failure to pay, or to provide 
11.23 	security for, maintenance or support payments;
11.24 	(15) pursuant to section 559.17, in connection with assignments of rents; however, 
11.25 	any receiver appointed under section 559.17 shall be a limited receiver, and the court shall 
11.26 	apply the provisions of this chapter to the extent not inconsistent with section 559.17;
11.27 	(16) pursuant to section 571.84, in connection with a garnishee in possession of 
11.28 	property subject to a garnishment proceeding;
11.29 	(17) pursuant to section 575.05, in connection with property applied to judgment;
11.30 	(18) pursuant to section 575.06, in connection with adverse claimants;
11.31 	(19) pursuant to sections 582.05 to 582.10, in connection with mortgage 
11.32 	foreclosures; however, any receiver appointed under sections 582.05 to 585.10 shall be a 
11.33 	limited receiver, and the court shall apply the provisions of this chapter to the extent not 
11.34 	inconsistent with sections 582.05 to 582.10;
11.35 	(20) pursuant to section 609.904, in connection with criminal penalties; or
12.1 	(21) pursuant to section 609.907, in connection with preservation of property 
12.2 	subject to forfeiture.
12.3 	(b) This chapter does not apply to any receivership in which the receiver is a state 
12.4 	agency or in which the receiver is appointed, controlled, or regulated by a state agency 
12.5 	unless otherwise provided by law.
12.6 	(c) In receiverships not specifically referenced in paragraph (a) or (b), the court, in 
12.7 	its discretion, may apply provisions of this chapter to the extent not inconsistent with 
12.8 	the statutes establishing the receiverships.
12.9 	(d) Unless explicitly displaced by this chapter, the provisions of other statutory law 
12.10 	and the principles of common law remain in full force and effect and supplement the 
12.11 	provisions of this chapter.

12.12 	Sec. 3. [576.23] POWERS OF THE COURT.
12.13 	The court has the exclusive authority to direct the receiver and the authority over 
12.14 	all receivership property wherever located including, without limitation, authority 
12.15 	to determine all controversies relating to the collection, preservation, improvement, 
12.16 	disposition, and distribution of receivership property, and all matters otherwise arising 
12.17 	in or relating to the receivership, the receivership property, the exercise of the receiver's 
12.18 	powers, or the performance of the receiver's duties.

12.19 	Sec. 4. [576.24] TYPES OF RECEIVERSHIPS.
12.20 	A receivership may be either a limited receivership or a general receivership. 
12.21 	Any receivership which is based upon the enforcement of an assignment of rents or 
12.22 	leases, or the foreclosure of a mortgage lien, judgment lien, mechanic's lien, or other lien 
12.23 	pursuant to which the respondent or any holder of a lien would have a statutory right of 
12.24 	redemption, shall be a limited receivership. If the order appointing the receiver does 
12.25 	not specify whether the receivership is a limited receivership or a general receivership, 
12.26 	the receivership shall be a limited receivership unless and until the court by later order 
12.27 	designates the receivership as a general receivership, notwithstanding that pursuant to 
12.28 	section 576.25, subdivision 8, a receiver may have control over all the property of the 
12.29 	respondent. At any time, the court may order a general receivership to be converted to a 
12.30 	limited receivership and a limited receivership to be converted to a general receivership.

12.31 	Sec. 5. [576.25] APPOINTMENT OF RECEIVERS; RECEIVERSHIP NOT A 
12.32 	TRUST.
13.1 		Subdivision 1.No necessity of separate action. A receiver may be appointed under 
13.2 	this chapter whether or not the motion for appointment of a receiver is combined with, or 
13.3 	is ancillary to, an action seeking a money judgment.
13.4 		Subd. 2.Before judgment. Except where judgment for failure to answer may be 
13.5 	had without application to the court, a limited receiver may be appointed before judgment 
13.6 	to protect any party to an action who demonstrates an apparent right to property that is the 
13.7 	subject of the action and is in the possession of an adverse party, and that the property or 
13.8 	its rents and profits are in danger of loss or material impairment.
13.9 		Subd. 3.In a judgment or after judgment. A limited or general receiver may be 
13.10 	appointed in a judgment or after judgment to carry the judgment into effect, to preserve 
13.11 	property pending an appeal, or when an execution has been returned unsatisfied and the 
13.12 	judgment debtor refuses to apply the property in satisfaction of the judgment.
13.13 		Subd. 4.Entities. In addition to those situations specifically provided for in statute, 
13.14 	a limited or general receiver may be appointed when a corporation or other entity is 
13.15 	dissolved, insolvent, in imminent danger of insolvency, or has forfeited its corporate rights 
13.16 	and in like cases of the property within the state of foreign corporations and other entities.
13.17 		Subd. 5.Appointment of receiver of mortgaged property. (a) A limited 
13.18 	receiver shall be appointed at any time after the commencement of mortgage foreclosure 
13.19 	proceedings under chapter 580 or 581 and before the end of the period for redemption, if 
13.20 	the mortgage being foreclosed:
13.21 	(1) secures an original principal amount of $100,000 or more or is a lien upon 
13.22 	residential real estate containing more than four dwelling units; and
13.23 	(2) is not a lien upon property that was entirely homesteaded, residential real 
13.24 	estate containing four or fewer dwelling units where at least one unit is homesteaded; 
13.25 	or agricultural property.
13.26 	The foreclosing mortgagee or the purchaser at foreclosure sale may at any time bring an 
13.27 	action in the district court of the county in which the mortgaged property or any part 
13.28 	thereof is located for the appointment of a receiver; provided, however, if the foreclosure 
13.29 	is by action under chapter 581, a separate action need not be filed.
13.30 	(b) The court shall appoint a receiver upon a showing that the mortgagor has 
13.31 	breached a covenant contained in the mortgage relating to any of the following:
13.32 	(1) application of tenant security deposits as required by section 504B.178;
13.33 	(2) payment when due of prior or current real estate taxes or special assessments 
13.34 	with respect to the mortgaged property or the periodic escrow for the payment of the 
13.35 	taxes or special assessments;
14.1 	(3) payment when due of premiums for insurance of the type required by the 
14.2 	mortgage or the periodic escrow for the payment of the premiums; or
14.3 	(4) keeping of the covenants required of a landlord or licensor pursuant to section 
14.4 	504B.161, subdivision 1.
14.5 	(c) The receiver shall be or shall retain an experienced property manager.
14.6 	(d) The receiver shall collect the rents, profits, and all other income of any kind. 
14.7 	The receiver, after providing for payment of its reasonable fees and expenses, shall, to 
14.8 	the extent possible and in the order determined by the receiver to preserve the value of 
14.9 	the mortgaged property:
14.10 	(1) manage the mortgaged property so as to prevent waste;
14.11 	(2) execute contracts and leases within the period of the receivership, or beyond the 
14.12 	period of the receivership if approved by the court;
14.13 	(3) pay the expenses listed in paragraph (b), clauses (1) to (3);
14.14 	(4) pay all expenses for normal maintenance of the mortgaged property; and
14.15 	(5) perform the terms of any assignment of rents that complies with section 559.17, 
14.16 	subdivision 2.
14.17 	(e) The purchaser at a foreclosure sale shall have the right, at any time and without 
14.18 	limitation as provided in section 582.03, to advance money to the receiver to pay any or 
14.19 	all of the expenses that the receiver should otherwise pay if cash were available from 
14.20 	the mortgaged property. Sums so advanced, with interest, shall be a part of the sum 
14.21 	required to be paid to redeem from the sale. The sums shall be proved by the affidavit of 
14.22 	the purchaser, an agent, or attorney, stating the expenses and describing the mortgaged 
14.23 	property. The affidavit shall be furnished to the sheriff in the manner of expenses claimed 
14.24 	under section 582.03.
14.25 	(f) Any sums collected that remain in the possession of the receiver at the 
14.26 	termination of the receivership shall, in the event the termination of the receivership is 
14.27 	due to the reinstatement of the mortgage debt or redemption of the mortgaged property by 
14.28 	the mortgagor, be paid to the mortgagor; and in the event termination of the receivership 
14.29 	occurs at the end of the period of redemption without redemption by the mortgagor 
14.30 	or any other party entitled to redeem, interest accrued upon the sale price pursuant to 
14.31 	section 580.23 or 581.10 shall be paid to the purchaser at the foreclosure sale. Any net 
14.32 	sum remaining shall be paid to the mortgagor, except if the receiver was enforcing an 
14.33 	assignment of rents that complies with section 559.17, subdivision 2, in which case any 
14.34 	net sum remaining shall be paid pursuant to the terms of the assignment.
14.35 	(g) This subdivision applies to all mortgages executed on or after August 1, 1977, 
14.36 	and to amendments or modifications thereto, and to amendments or modifications made on 
15.1 	or after August 1, 1977, to mortgages executed before August 1, 1977, if the amendment 
15.2 	or modification is duly recorded and is for the principle purpose of curing a default.
15.3 		Subd. 6.Other cases. A receiver may be appointed in other cases as are provided 
15.4 	by law, or in accord with existing practice, except as otherwise prescribed.
15.5 		Subd. 7.Motion for appointment of receiver. The court may appoint a receiver 
15.6 	upon a motion with notice to the respondent, to all other parties in the action, and to 
15.7 	parties in interest and other persons as the court may require. Notice shall also be given 
15.8 	to any judgment creditor who is seeking the appointment of a receiver in any other 
15.9 	action. A motion to appoint a general receiver shall be treated as a dispositive motion. 
15.10 	The court may appoint a receiver ex parte or on shortened notice on a temporary basis 
15.11 	if it is clearly shown that an emergency exists requiring the immediate appointment of 
15.12 	a receiver. In that event, the court shall set a hearing as soon as practicable and at the 
15.13 	subsequent hearing, the burdens of proof shall be as would be applicable to a motion made 
15.14 	on notice that is not expedited.
15.15 		Subd. 8.Description of receivership property. The order appointing the receiver 
15.16 	or subsequent order shall describe the receivership property with particularity appropriate 
15.17 	to the circumstances. If the order does not so describe the receivership property, until 
15.18 	further order of the court, the receiver shall have control over all of the respondent's 
15.19 	nonexempt property.
15.20 		Subd. 9.Receivership not a trust. The order appointing the receiver does not 
15.21 	create a trust.

15.22 	Sec. 6. [576.26] ELIGIBILITY OF RECEIVER.
15.23 		Subdivision 1.Who may serve as receiver. Unless otherwise prohibited by law or 
15.24 	prior order, any person, whether or not a resident of this state, may serve as a receiver, 
15.25 	provided that the court, in its order appointing the receiver, makes written conclusions 
15.26 	based in the record that the person proposed as receiver:
15.27 	(1) is qualified to serve as receiver and as an officer of the court; and
15.28 	(2) is independent as to the parties and the underlying dispute.
15.29 		Subd. 2.Considerations regarding qualifications. (a) In determining whether a 
15.30 	proposed receiver is qualified to serve as receiver and as an officer of the court, the court 
15.31 	shall consider any relevant information, including, but not limited to, whether:
15.32 	(1) the proposed receiver has knowledge and experience sufficient to perform the 
15.33 	duties of receiver;
15.34 	(2) the proposed receiver has the financial ability to post the bond required by 
15.35 	section 576.07;
16.1 	(3) the proposed receiver or any insider of the proposed receiver has been previously 
16.2 	disqualified from serving as receiver and the reasons for disqualification;
16.3 	(4) the proposed receiver or any insider of the proposed receiver has been convicted 
16.4 	of a felony or other crime involving moral turpitude; and
16.5 	(5) the proposed receiver or any insider of the proposed receiver has been found 
16.6 	liable in a civil court for fraud, breach of fiduciary duty, civil theft, or similar misconduct.
16.7 	(b) For the purposes of this subdivision, "insider" includes:
16.8 	(1) if the proposed receiver is a corporation, an officer or director of the corporation, 
16.9 	or a person in control of the proposed receiver; and
16.10 	(2) if the proposed receiver is a partnership, a general or limited partner of the 
16.11 	partnership, or a person in control of the proposed receiver.
16.12 		Subd. 3.Considerations regarding independence. (a) In determining whether a 
16.13 	proposed receiver is independent as to the parties and the underlying dispute, the court 
16.14 	shall consider any relevant information, including, but not limited to:
16.15 	(1) the nature and extent of any relationship that the proposed receiver has to the 
16.16 	parties and the property proposed as receivership property including, without limitation, 
16.17 	whether the proposed receiver is a party to the action, a family member of a party to 
16.18 	the action, or an officer, director, member, employee, or owner of or controls a party 
16.19 	to the action;
16.20 	(2) whether the proposed receiver has any interest materially adverse to the interests 
16.21 	of any of the parties to the action;
16.22 	(3) whether the proposed receiver has any material financial or pecuniary interest, 
16.23 	other than receiver compensation allowed by court order, in the outcome of the underlying 
16.24 	dispute, including any proposed contingent or success fee compensation arrangement; and
16.25 	(4) whether the proposed receiver is a debtor, secured or unsecured creditor, lienor 
16.26 	of, or holder of any equity interest in, any of the parties to the action of the receivership 
16.27 	property.
16.28 	(b) In evaluating all information, the court may exercise its discretion and need not 
16.29 	consider any single item of information to be determinative of independence. Without 
16.30 	limiting the generality of the preceding sentence, the proposed receiver shall not be 
16.31 	disqualified solely because the proposed receiver was appointed receiver in other unrelated 
16.32 	matters involving any of the parties to the matter in which the appointment is sought, or 
16.33 	the proposed receiver has been engaged by any of the parties to the action in matters 
16.34 	unrelated to the underlying action.
17.1 		Subd. 4.Information provided to court. The proposed receiver, the parties, and 
17.2 	prospective parties in interest may provide any information relevant to the qualifications, 
17.3 	independence, and selection of the receiver.

17.4 	Sec. 7. [576.27] BOND.
17.5 	After appointment, a receiver shall give a bond in the sum, nature, and with the 
17.6 	conditions that the court shall order in its discretion consistent with section 574.11. Unless 
17.7 	otherwise ordered by the court, the receiver's bond shall be conditioned on the receiver's 
17.8 	faithful discharge of its duties in accordance with the orders of the court and the laws of 
17.9 	this state. The receiver shall execute a bond with a surety authorized to write bonds in 
17.10 	the state.

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

17.19 	Sec. 9. [576.29] POWERS AND DUTIES OF RECEIVERS; GENERALLY.
17.20 		Subdivision 1.Powers. (a) A receiver, whether general or limited, shall have the 
17.21 	following powers in addition to those specifically conferred by this chapter or otherwise 
17.22 	by statute, rule, or order of the court:
17.23 	(1) the power to collect, control, manage, conserve, and protect receivership 
17.24 	property;
17.25 	(2) the power to incur and pay expenses incidental to the receiver's exercise of the 
17.26 	powers or otherwise in the performance of the receiver's duties;
17.27 	(3) the power to assert rights, claims, causes of action, or defenses that relate to 
17.28 	receivership property; and
17.29 	(4) the power to seek and obtain instruction from the court with respect to any 
17.30 	matter relating to the receivership property, the exercise of the receiver's powers, or the 
17.31 	performance of the receiver's duties.
17.32 	(b) In addition to the powers provided in paragraph (a), a general receiver shall 
17.33 	have the power:
18.1 	(1) to (i) assert any rights, claims, causes of action, or defenses of the respondent to 
18.2 	the extent any rights, claims, causes of action, or defenses are receivership property; (ii) 
18.3 	maintain in the receiver's name or in the name of the respondent any action to enforce 
18.4 	any right, claim, cause of action, or defense; and (iii) intervene in actions in which the 
18.5 	respondent is a party for the purpose of exercising the powers under this clause or 
18.6 	requesting transfer of venue of the action to the court;
18.7 	(2) to pursue any claim or remedy that may be asserted by a creditor of the 
18.8 	respondent under sections 513.41 to 513.51;
18.9 	(3) to compel any person, including the respondent, and any party, by subpoena 
18.10 	pursuant to Rule 45 of the Minnesota Rules of Civil Procedure, to give testimony or to 
18.11 	produce and permit inspection and copying of designated books, documents, electronically 
18.12 	stored information, or tangible things with respect to receivership property or any other 
18.13 	matter that may affect the administration of the receivership;
18.14 	(4) to operate any business constituting receivership property in the ordinary course 
18.15 	of the business, including the use, sale, or lease of property of the business or otherwise 
18.16 	constituting receivership property, and the incurring and payment of expenses of the 
18.17 	business or other receivership property;
18.18 	(5) if authorized by an order of the court following notice and a hearing, to use, 
18.19 	improve, sell, or lease receivership property other than in the ordinary course of business; 
18.20 	and
18.21 	(6) if appointed pursuant to section 302A.753, 308A.945, 308B.935, 317A.753, or 
18.22 	322B.836, to exercise all of the powers and authority provided by the section or order of 
18.23 	the court.
18.24 		Subd. 2.Duties. A receiver, whether general or limited, shall have the duties 
18.25 	specifically conferred by this chapter or otherwise by statute, rule, or order of the court.
18.26 		Subd. 3.Modification of powers and duties. Except as otherwise provided in this 
18.27 	chapter, the court may modify the powers and duties of a receiver provided by this section.

18.28 	Sec. 10. [576.30] RECEIVER AS LIEN CREDITOR; REAL ESTATE 
18.29 	RECORDING; SUBSEQUENT SALES OF REAL ESTATE.
18.30 		Subdivision 1.Receiver as lien creditor. As of the time of appointment, the 
18.31 	receiver shall have the powers and priority as if it were a creditor that obtained a judicial 
18.32 	lien at the time of appointment pursuant to sections 548.09 and 550.10 on all of the 
18.33 	receivership property, subject to satisfying the recording requirements as to real property 
18.34 	described in subdivision 2.
19.1 		Subd. 2.Real estate recording. If any interest in real estate is included in the 
19.2 	receivership property, a notice of lis pendens shall be recorded as soon as practicable with 
19.3 	the county recorder or registrar of titles, as appropriate, of the county in which the real 
19.4 	property is located. The priority of the receiver as lien creditor against real property shall 
19.5 	be from the time of recording of the notice of lis pendens, except as to persons with actual 
19.6 	or implied knowledge of the appointment under section 507.34.
19.7 		Subd. 3.Subsequent sales of real estate. The notice of lis pendens, a court order 
19.8 	authorizing the receiver to sell real property certified by the court administrator, and 
19.9 	a deed executed by the receiver recorded with the county recorder or registrar of titles, 
19.10 	as appropriate, of the county in which the real property is located, and upon execution 
19.11 	of the deed by the receiver, shall be prima facie evidence of the authority of the receiver 
19.12 	to sell and convey the real property described in the deed. The court may also require a 
19.13 	motion for an order for sale of the real property or a motion for an order confirming 
19.14 	sale of the real property.

19.15 	Sec. 11. [576.31] DUTIES OF RESPONDENT.
19.16 	The respondent shall:
19.17 	(1) assist and cooperate fully with the receiver in the administration of the 
19.18 	receivership and the receivership property and the discharge of the receiver's duties and 
19.19 	comply with all orders of the court;
19.20 	(2) immediately upon the receiver's appointment, deliver to the receiver all of the 
19.21 	receivership property in the respondent's possession, custody, or control, including, but not 
19.22 	limited to, all books and records, electronic data, passwords, access codes, statements of 
19.23 	accounts, deeds, titles or other evidence of ownership, financial statements, and all other 
19.24 	papers and documents related to the receivership property;
19.25 	(3) supply to the receiver information as requested relating to the administration 
19.26 	of the receivership and the receivership property, including information necessary to 
19.27 	complete any reports or other documents that the receiver may be required to file; and
19.28 	(4) remain responsible for the filing of all tax returns, including those returns 
19.29 	applicable to periods which include those in which the receivership is in effect.

19.30 	Sec. 12. [576.32] EMPLOYMENT AND COMPENSATION OF 
19.31 	PROFESSIONALS.
19.32 		Subdivision 1.Employment. (a) To represent or assist the receiver in carrying 
19.33 	out the receiver's duties, the receiver may employ attorneys, accountants, appraisers, 
20.1 	auctioneers, and other professionals that do not hold or represent an interest adverse 
20.2 	to the receivership.
20.3 	(b) This section does not require prior court approval for the retention of 
20.4 	professionals. However, any professional to be retained shall provide the receiver with a 
20.5 	disclosure of any potential conflicts of interest, and the professional or the receiver shall 
20.6 	file with the court a notice of the retention and of the proposed compensation. Any party 
20.7 	in interest may bring a motion for disapproval of any retention within 21 days after the 
20.8 	filing of the notice of retention.
20.9 	(c) A person is not disqualified for employment under this section solely because 
20.10 	of the person's employment by, representation of, or other relationship with the receiver, 
20.11 	respondent, a creditor, or other party in interest if the court determines that the employment 
20.12 	is appropriate.
20.13 		Subd. 2.Compensation. (a) The receiver and any professional retained by the 
20.14 	receiver shall be paid by the receiver from the receivership property in the same manner 
20.15 	as other expenses of administration and without separate orders, but subject to the 
20.16 	procedures, safeguards, and reporting that the court may order.
20.17 	(b) Except to the extent fees and expenses have been approved by the court, or as 
20.18 	to parties in interest who are deemed to have waived the right to object, any interim 
20.19 	payments of fees and expenses to the receiver are subject to approval in connection with 
20.20 	the receiver's final report pursuant to section 576.38.

20.21 	Sec. 13. [576.33] SCHEDULES OF PROPERTY AND CLAIMS.
20.22 	(a) The court may order the respondent or a general receiver to file under oath to 
20.23 	the best of its actual knowledge:
20.24 	(1) a schedule of all receivership property and exempt property of the respondent, 
20.25 	describing, as of the time of appointment:
20.26 	(i) the location of the property and, if real property, a legal description of the 
20.27 	property;
20.28 	(ii) a description of all liens to which the property is subject; and
20.29 	(iii) an estimated value of the property; and
20.30 	(2) a schedule of all creditors and taxing authorities and regulatory authorities which 
20.31 	supervise the respondent, their mailing addresses, the amount and nature of their claims, 
20.32 	whether the claims are secured by liens of any kind, and whether the claims are disputed.
20.33 	(b) The court may order inventories and appraisals if appropriate to the receivership.

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

21.6 	Sec. 15. [576.35] NOTICES, MOTIONS, AND ORDERS.
21.7 		Subdivision 1.Notice of appearance. Any party in interest may make an 
21.8 	appearance in a receivership by filing a written notice of appearance, including the name, 
21.9 	mailing address, fax number, e-mail address, if any, and telephone number of the party in 
21.10 	interest and its attorney, if any, and by serving a copy on the receiver and the receiver's 
21.11 	attorney, if any. It is not necessary for a party in interest to be joined as a party to be heard 
21.12 	in the receivership. A proof of claim does not constitute a written notice of appearance.
21.13 		Subd. 2.Master service list. From time to time, the receiver shall file an updated 
21.14 	master service list consisting of the names, mailing addresses, and, where available, fax 
21.15 	numbers and e-mail addresses of the respondent, the receiver, all persons joined as parties 
21.16 	in the receivership, all persons known by the receiver to have asserted any ownership 
21.17 	or lien in receivership property, all persons who have filed a notice of appearance in 
21.18 	accordance with this section, and their attorneys, if any.
21.19 		Subd. 3.Motions. Except as otherwise provided in this chapter, an order shall be 
21.20 	sought by a motion brought in compliance with the Minnesota Rules of Civil Procedure 
21.21 	and the General Rules of Practice for the District Courts.
21.22 		Subd. 4.Persons served. Except as otherwise provided in this chapter, a motion 
21.23 	shall be served as provided in the Minnesota Rules of Civil Procedure, unless the court 
21.24 	orders otherwise, on all persons on the master service list, all persons who have asserted 
21.25 	an ownership interest or lien in receivership property that is the subject of the motion, 
21.26 	all persons who are identified in the motion as directly affected by the relief requested, 
21.27 	and other persons as the court may direct.
21.28 		Subd. 5.Service on state agency. Any request for relief against a state agency shall 
21.29 	be served as provided in the Minnesota Rules of Civil Procedure, unless the court orders 
21.30 	otherwise, on the specific state agency and on the Office of the Attorney General.
21.31 		Subd. 6.Order without hearing. Where a provision in this chapter, an order issued 
21.32 	in the receivership, or a court rule requires an objection or other response to a motion or 
21.33 	application within a specific time, and no objection or other response is interposed, the 
21.34 	court may grant the relief requested without a hearing.
22.1 		Subd. 7.Order upon application. Where a provision of this chapter permits, as to 
22.2 	administrative matters, or where it otherwise appears that no party in interest would be 
22.3 	materially prejudiced, the court may issue an order ex parte or based on an application 
22.4 	without a motion, notice, or hearing.
22.5 		Subd. 8.Persons bound by orders of the court. Except as to persons entitled to be 
22.6 	served pursuant to subdivision 4 and who were not served, an order of the court binds 
22.7 	parties in interest and all persons who file notices of appearance, submit proofs of claim, 
22.8 	receive written notice of the receivership, receive notice of any motion in the receivership, 
22.9 	or who have actual knowledge of the receivership whether they are joined as parties or 
22.10 	received notice of the specific motion or order.

22.11 	Sec. 16. [576.36] RECORDS; INTERIM REPORTS.
22.12 		Subdivision 1.Preparation and retention of records. The receiver shall prepare 
22.13 	and retain appropriate business records, including records of all cash receipts and 
22.14 	disbursements and of all receipts and distributions or other dispositions of receivership 
22.15 	property. After due consideration of issues of confidentiality, the records may be provided 
22.16 	by the receiver to parties in interest or shall be provided as ordered by the court.
22.17 		Subd. 2.Interim reports. (a) The court may order the receiver to prepare and 
22.18 	file interim reports addressing:
22.19 	(1) the activities of the receiver since the last report;
22.20 	(2) cash receipts and disbursements, including payments made to professionals 
22.21 	retained by the receiver;
22.22 	(3) receipts and dispositions of receivership property; and
22.23 	(4) other matters.
22.24 	(b) The order may provide for the delivery of the receiver's interim reports to persons 
22.25 	on the master service list and to other persons and may provide a procedure for objection 
22.26 	to the interim reports, and may also provide that the failure to object constitutes a waiver 
22.27 	of objection to matters addressed in the interim reports.

22.28 	Sec. 17. [576.37] REMOVAL OF RECEIVERS.
22.29 		Subdivision 1.Removal of receiver. The court may remove the receiver if:
22.30 	(1) the receiver fails to execute and file the bond required by section 576.27;
22.31 	(2) the receiver resigns, refuses, or fails to serve for any reason; or
22.32 	(3) for other good cause.
22.33 		Subd. 2.Successor receiver. Upon removal of the receiver, if the court determines 
22.34 	that further administration of the receivership is required, the court shall appoint a 
23.1 	successor receiver. Upon executing and filing a bond under section 576.27, the successor 
23.2 	receiver shall immediately succeed the receiver so removed and shall assume the duties of 
23.3 	receiver.
23.4 		Subd. 3.Report and discharge of removed receiver. Within 14 days after 
23.5 	removal, the receiver so removed shall file with the court and serve a report pursuant to 
23.6 	section 576.38, subdivision 3, for matters up to the date of the removal. Upon approval 
23.7 	of the report, the court may enter an order pursuant to section 576.38, discharging the 
23.8 	removed receiver.

23.9 	Sec. 18. [576.38] TERMINATION OF RECEIVERSHIPS; FINAL REPORT.
23.10 		Subdivision 1.Termination of receivership. The court may discharge a receiver 
23.11 	and terminate the receivership. If the court determines that the appointment of the receiver 
23.12 	was procured in bad faith, the court may assess against the person who procured the 
23.13 	receiver's appointment:
23.14 	(1) all of the receiver's fees and expenses and other costs of the receivership; and
23.15 	(2) any other sanctions the court deems appropriate.
23.16 		Subd. 2.Request for discharge. Upon distribution or disposition of all receivership 
23.17 	property, or the completion of the receiver's duties, the receiver shall file a final report and 
23.18 	shall request that the court approve the final report and discharge the receiver.
23.19 		Subd. 3.Contents of final report. The final report, which may incorporate by 
23.20 	reference interim reports, shall include, in addition to any matters required by the court in 
23.21 	the case:
23.22 	(1) a description of the activities of the receiver in the conduct of the receivership;
23.23 	(2) a schedule of all receivership property at the commencement of the receivership 
23.24 	and any receivership property added thereafter;
23.25 	(3) a list of expenditures, including all payments to professionals retained by the 
23.26 	receiver;
23.27 	(4) a list of any unpaid expenses incurred during the receivership;
23.28 	(5) a list of all dispositions of receivership property;
23.29 	(6) a list of all distributions made or proposed to be made; and
23.30 	(7) if not done separately, a motion or application for approval of the payment of 
23.31 	fees and expenses of the receiver.
23.32 		Subd. 4.Notice of final report. The receiver shall give notice of the filing of the 
23.33 	final report and request for discharge to all persons who have filed notices of appearance. 
23.34 	If there is no objection within 21 days, the court may enter an order approving the final 
23.35 	report and discharging the receiver without the necessity of a hearing.
24.1 		Subd. 5.Effect of discharge. A discharge removes all authority of the receiver, 
24.2 	excuses the receiver from further performance of any duties, and discharges any lis 
24.3 	pendens recorded by the receiver.

24.4 	Sec. 19. [576.39] ACTIONS BY OR AGAINST RECEIVER OR RELATING TO 
24.5 	RECEIVERSHIP PROPERTY.
24.6 		Subdivision 1.Actions by or against receiver. The receiver may sue in the 
24.7 	receiver's capacity and, subject to other sections of this chapter and all immunities 
24.8 	provided at common law, may be sued in that capacity.
24.9 		Subd. 2.Venue. Unless applicable law requires otherwise or the court orders 
24.10 	otherwise, an action by or against the receiver or relating to the receivership or 
24.11 	receivership property shall be commenced in the court and assigned to the judge before 
24.12 	whom the receivership is pending.
24.13 		Subd. 3.Joinder. Subject to section 576.42, a limited or general receiver may be 
24.14 	joined or substituted as a party in any action or other proceeding that relates to receivership 
24.15 	property that was pending at the time of appointment. Subject to other sections of this 
24.16 	chapter, a general receiver may be joined or substituted as a party in any action or other 
24.17 	proceeding that was pending at the time of appointment in which the respondent is a party. 
24.18 	Pending actions may be transferred to the court upon the receiver's motion for change of 
24.19 	venue made in the court in which the action is pending.
24.20 		Subd. 4.Effect of judgments. A judgment entered subsequent to the time of 
24.21 	appointment against a receiver or the respondent shall not constitute a lien on receivership 
24.22 	property, nor shall any execution issue thereon. Upon submission of a certified copy of the 
24.23 	judgment in accordance with section 576.49, the amount of the judgment shall be treated 
24.24 	as an allowed claim in a general receivership. A judgment against a limited receiver shall 
24.25 	have the same effect as a judgment against the respondent, except that the judgment shall 
24.26 	be enforceable against receivership property only to the extent ordered by the court.

24.27 	Sec. 20. [576.40] TURNOVER OF PROPERTY.
24.28 		Subdivision 1.Demand by receiver. Except as expressly provided in this section, 
24.29 	and unless otherwise ordered by the court, upon demand by a receiver, any person shall 
24.30 	turn over any receivership property that is within the possession or control of that person. 
24.31 	Unless ordered by the court, a person in possession of receivership property pursuant 
24.32 	to a valid lien perfected prior to the time of appointment is not required to turn over 
24.33 	receivership property.
25.1 		Subd. 2.Motion by receiver. A receiver may seek to compel turnover of 
25.2 	receivership property by motion in the receivership. If there exists a bona fide dispute 
25.3 	with respect to the existence or nature of the receiver's or the respondent's interest in the 
25.4 	property, turnover shall be sought by means of an action under section 576.39. In the 
25.5 	absence of a bona fide dispute with respect to the receiver's or the respondent's right to 
25.6 	possession of receivership property, the failure to relinquish possession and control to the 
25.7 	receiver may be punishable as contempt of the court.

25.8 	Sec. 21. [576.41] ANCILLARY RECEIVERSHIPS.
25.9 		Subdivision 1.Ancillary receiverships in foreign jurisdictions. A receiver 
25.10 	appointed by a court of this state may, without first seeking approval of the court, apply 
25.11 	in any foreign jurisdiction for appointment as receiver with respect to any receivership 
25.12 	property which is located within the foreign jurisdiction.
25.13 		Subd. 2.Ancillary receiverships in the courts of this state. (a) A foreign receiver 
25.14 	may obtain appointment by a court of this state as a receiver in an ancillary receivership 
25.15 	with respect to any property located in or subject to the jurisdiction of the court if:
25.16 	(1) the foreign receiver would be eligible to serve as receiver under section 576.26; 
25.17 	and
25.18 	(2) the appointment is in furtherance of the foreign receiver's possession, control, 
25.19 	or disposition of property subject to the foreign receivership and in accordance with 
25.20 	orders of the foreign jurisdiction.
25.21 	(b) The courts of this state may enter any order necessary to effectuate orders entered 
25.22 	by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise, 
25.23 	a receiver appointed in an ancillary receivership in this state shall have the powers and 
25.24 	duties of a limited receiver as set forth in this chapter and shall otherwise comply with the 
25.25 	provisions of this chapter applicable to limited receivers.

25.26 	Sec. 22. [576.42] STAYS.
25.27 		Subdivision 1.Control of property. All receivership property is under the control 
25.28 	and supervision of the court appointing the receiver.
25.29 		Subd. 2.Stay by court order. In addition to any stay provided in this section, 
25.30 	the court may order a stay or stays to protect receivership property and to facilitate the 
25.31 	administration of the receivership.
25.32 		Subd. 3.Stay in all receiverships. Except as otherwise ordered by the court, the 
25.33 	entry of an order appointing a receiver shall operate as a stay, applicable to all persons, of:
26.1 	(1) any act to obtain possession of receivership property, or to interfere with or 
26.2 	exercise control over receivership property, other than the commencement or continuation 
26.3 	of a judicial, administrative, or other action or proceeding, including the issuance or use of 
26.4 	process, to enforce any lien having priority over the rights of the receiver in receivership 
26.5 	property; and
26.6 	(2) any act to create or perfect any lien against receivership property, except by 
26.7 	exercise of a right of setoff, to the extent that the lien secures a claim that arose before 
26.8 	the time of appointment.
26.9 		Subd. 4.Limited additional stay in general receiverships. (a) Except as otherwise 
26.10 	ordered by the court, in addition to the stay provided in subdivision 3, the entry of an order 
26.11 	appointing a general receiver shall operate as a stay, applicable to all persons, of:
26.12 	(1) the commencement or continuation of a judicial, administrative, or other action 
26.13 	or proceeding, including the issuance or use of process, against the respondent or the 
26.14 	receiver that was or could have been commenced before the time of appointment, or to 
26.15 	recover a claim against the respondent that arose before the time of appointment;
26.16 	(2) the commencement or continuation of a judicial, administrative, or other action 
26.17 	or proceeding, including the issuance or use of process, to enforce any lien having priority 
26.18 	over the rights of the receiver in receivership property.
26.19 	(b) As to the acts specified in this subdivision, the stay shall expire 30 days after 
26.20 	the time of appointment unless, before the expiration of the 30-day period, the receiver 
26.21 	or other party in interest files a motion seeking an order of the court extending the stay 
26.22 	and, before the expiration of an additional 30 days following the 30-day period, the court 
26.23 	orders the stay extended.
26.24 		Subd. 5.Modification of stay. The court may modify any stay provided in this 
26.25 	section upon the motion of any party in interest affected by the stay.
26.26 		Subd. 6.Inapplicability of stay. The entry of an order appointing a receiver does 
26.27 	not operate as a stay of:
26.28 	(1) the commencement or continuation of a criminal proceeding against the 
26.29 	respondent;
26.30 	(2) the commencement or continuation of an action or proceeding by a governmental 
26.31 	unit to enforce its police or regulatory power;
26.32 	(3) the enforcement of a judgment, other than a money judgment, obtained in an 
26.33 	action or proceeding by a governmental unit to enforce its police or regulatory power, or 
26.34 	with respect to any licensure of the respondent;
26.35 	(4) the establishment by a governmental unit of any tax liability and any appeal 
26.36 	thereof;
27.1 	(5) the commencement or continuation of an action or proceeding to establish 
27.2 	paternity; to establish or modify an order for alimony, maintenance, or support; or to 
27.3 	collect alimony, maintenance, or support under any order of a court;
27.4 	(6) the exercise of a right of setoff;
27.5 	(7) any act to maintain or continue the perfection of a lien on, or otherwise preserve 
27.6 	or protect rights in, receivership property, but only to the extent that the act was necessary 
27.7 	to preserve or protect the lien or other rights as they existed as of the time of the 
27.8 	appointment. If the act would require seizure of receivership property or commencement 
27.9 	of an action prohibited by a stay, the continued perfection shall instead be accomplished 
27.10 	by filing a notice in the court before which the receivership is pending and by serving the 
27.11 	notice upon the receiver and receiver's attorney, if any, within the time fixed by law for 
27.12 	seizure or commencement of the action;
27.13 	(8) the commencement of a bankruptcy case under federal bankruptcy laws; or
27.14 	(9) any other exception as provided in United States Code, title 11, section 326(b), 
27.15 	as to the automatic stay in federal bankruptcy cases to the extent not inconsistent with any 
27.16 	provision in this section.

27.17 	Sec. 23. [576.43] UTILITY SERVICE.
27.18 	A utility providing service to receivership property may not alter, refuse, or 
27.19 	discontinue service to the receivership property without first giving the receiver 21 days' 
27.20 	written notice of any default and any intention to alter, refuse, or discontinue service to 
27.21 	receivership property. The court may prohibit the alteration, refusal, or discontinuance 
27.22 	of utility service if the receiver furnishes adequate assurance of payment for service to 
27.23 	be provided after the time of appointment.

27.24 	Sec. 24. [576.44] RECEIVERSHIP FINANCING.
27.25 	(a) Without necessity of a court order, the receiver may obtain unsecured credit and 
27.26 	incur unsecured debt on behalf of the receivership, and the amounts shall be allowable as 
27.27 	expenses of the receivership under section 576.51, subdivision 1, clause (2).
27.28 	(b) Without necessity of a court order, the receiver may obtain secured financing 
27.29 	on behalf of the receivership from any secured party under a financing facility existing 
27.30 	at the time of the appointment.
27.31 	(c) The court may authorize the receiver to obtain credit or incur indebtedness, 
27.32 	and the court may authorize the receiver to mortgage, pledge, hypothecate, or otherwise 
27.33 	encumber receivership property as security for repayment of any indebtedness.

28.1 	Sec. 25. [576.45] EXECUTORY CONTRACTS.
28.2 		Subdivision 1.Performance by receiver. Unless a court orders otherwise, a 
28.3 	receiver succeeds to all of the rights and duties of the respondent under any executory 
28.4 	contract. The court may condition the continued performance by the receiver on terms 
28.5 	that are appropriate under the circumstances. Performance of an executory contract shall 
28.6 	create a claim against the receivership to the extent of the value of the performance 
28.7 	received by the receivership after the time of appointment. The claim shall not constitute a 
28.8 	personal obligation of the receiver.
28.9 		Subd. 2.Assignment and delegation by receiver. For good cause, the court may 
28.10 	authorize a receiver to assign and delegate an executory contract to a third party under 
28.11 	the same circumstances and under the same conditions as the respondent was permitted 
28.12 	to do so pursuant to the terms of the executory contract and applicable law immediately 
28.13 	before the time of appointment.
28.14 		Subd. 3.Termination by receiver. For good cause, the court may authorize 
28.15 	the receiver to terminate an executory contract. The receiver's right to possess or use 
28.16 	property pursuant to the executory contract shall terminate at the termination of the 
28.17 	executory contract. Except as to the claim against the receivership under subdivision 1, 
28.18 	the termination shall create a claim equal to the damages, if any, for a breach of contract as 
28.19 	if the breach of contract had occurred immediately before the time of appointment. Any 
28.20 	claim arising under this section for termination of an executory contract shall be presented 
28.21 	or filed in the same manner as other claims in the receivership no later than the later of:
28.22 	(1) the time set for filing of claims in the receivership; or
28.23 	(2) 28 days after the notice by the receiver of the termination of the executory 
28.24 	contract.

28.25 	Sec. 26. [576.46] SALES FREE AND CLEAR OF LIEN IN GENERAL 
28.26 	RECEIVERSHIPS.
28.27 		Subdivision 1.Sales free and clear of liens. (a) The court may order that a general 
28.28 	receiver's sale of receivership property is free and clear of all liens, except any lien for 
28.29 	unpaid real estate taxes or assessments and liens arising under federal law, and may be free 
28.30 	of the rights of redemption of the respondent if the rights of redemption are receivership 
28.31 	property and the rights of redemption of the holders of any liens, regardless of whether the 
28.32 	sale will generate proceeds sufficient to fully satisfy all liens on the property, unless either:
28.33 	(1) the property is (i) real property classified as agricultural land under section 
28.34 	273.13, subdivision 23, or the property is a homestead under section 510.01; and (ii) 
29.1 	each of the owners of the property has not consented to the sale following the time 
29.2 	of appointment; or
29.3 	(2) any owner of the property or holder of a lien on the property serves and files 
29.4 	a timely objection, and the court determines that the amount likely to be realized from 
29.5 	the sale by the objecting person is less than the objecting person would realize within a 
29.6 	reasonable time in the absence of this sale.
29.7 	(b) The receiver shall have the burden of proof to establish that the amount likely to 
29.8 	be realized by the objecting person from the sale is equal to or more than the objecting 
29.9 	person would realize within a reasonable time in the absence of the sale.
29.10 	(c) Upon any sale free and clear of liens authorized by this section, all liens 
29.11 	encumbering the property conveyed shall transfer and attach to the proceeds of the 
29.12 	sale, net of reasonable expenses approved by the court incurred in the disposition of 
29.13 	the property, in the same order, priority, and validity as the liens had with respect to the 
29.14 	property immediately before the sale. The court may authorize the receiver to satisfy, 
29.15 	in whole or in part, any ownership interest or lien out of the proceeds of the sale if the 
29.16 	ownership interest or lien of any party in interest would not thereby be impaired.
29.17 		Subd. 2.Co-owned property. If any receivership property includes an interest as a 
29.18 	co-owner of property, the receiver shall have the rights and powers afforded by applicable 
29.19 	state or federal law of the respondent including, but not limited to, any rights of partition, 
29.20 	but may not sell the property free and clear of the co-owner's interest in the property.
29.21 		Subd. 3.Right to credit bid. A creditor with a claim secured by a valid and 
29.22 	perfected lien against the property to be sold may bid on the property at a sale and may 
29.23 	offset against the purchase price part or all of the amount secured by its lien, provided that 
29.24 	the creditor tenders cash sufficient to satisfy in full the reasonable expenses, approved 
29.25 	by the court, incurred in the disposition of the property and all liens payable out of the 
29.26 	proceeds of sale having priority over the lien of that creditor.
29.27 		Subd. 4.Effect of appeal. The reversal or modification on appeal of an 
29.28 	authorization to sell property under this section does not affect the validity of a sale to a 
29.29 	person that purchased the property in good faith, whether or not the person knew of the 
29.30 	pendency of the appeal, unless the authorization and sale is stayed pending the appeal.

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

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

30.5 	Sec. 29. [576.49] CLAIMS PROCESS.
30.6 		Subdivision 1.Recommendation of receiver. In a general receivership, and in a 
30.7 	limited receivership if the circumstances require, the receiver shall submit to the court a 
30.8 	recommendation concerning a claims process appropriate to the particular receivership.
30.9 		Subd. 2.Order establishing process. In a general receivership and, if the court 
30.10 	orders, in a limited receivership, the court shall establish the claims process to be followed 
30.11 	in the receivership addressing whether proofs of claim must be submitted, the form of 
30.12 	any proofs of claim, the place where the proofs of claim must be submitted, the deadline 
30.13 	or deadlines for submitting the proofs of claim, and other matters bearing on the claims 
30.14 	process.
30.15 		Subd. 3.Alternative procedures. The court may authorize proofs of claim to be 
30.16 	filed with the receiver rather than the court. The court may authorize the receiver to treat 
30.17 	claims as allowed claims based on the amounts established in the books and records of the 
30.18 	respondent or the schedule of claims filed pursuant to section 576.33 without necessity of 
30.19 	formal proofs of claim.

30.20 	Sec. 30. [576.50] OBJECTION TO AND ALLOWANCE OF CLAIMS.
30.21 		Subdivision 1.Objections and allowance. The receiver or any party in interest may 
30.22 	file a motion objecting to a claim and stating the grounds for the objection. The court may 
30.23 	order that a copy of the objection be served on the persons on the master mailing list at 
30.24 	least 30 days prior to the hearing. Claims allowed by court order, and claims properly 
30.25 	submitted and not disallowed by the court, shall be allowed claims and shall be entitled to 
30.26 	share in distributions of receivership property in accordance with the priorities provided 
30.27 	by this chapter or otherwise by law.
30.28 		Subd. 2.Examination of claims. If the claims process does not require proofs of 
30.29 	claim to be filed with the court, at any time after expiration of the claim-filing period and 
30.30 	upon 14 days' written notice to the receiver, any party in interest shall have the right to 
30.31 	examine:
30.32 	(1) all claims filed with the receiver; and
31.1 	(2) all books and records in the receiver's possession that provided the receiver the 
31.2 	basis for concluding that creditors identified therein are entitled to participate in any 
31.3 	distributions of receivership property without having to file claims.
31.4 		Subd. 3.Estimation of claims. For the purpose of allowance of claims, the court 
31.5 	may estimate:
31.6 	(1) any contingent or unliquidated claim, the fixing or liquidation of which would 
31.7 	unduly delay the administration of the receivership; or
31.8 	(2) any right to payment arising from a right to an equitable remedy.

31.9 	Sec. 31. [576.51] PRIORITY OF CLAIMS.
31.10 		Subdivision 1.Priorities. Allowed claims shall receive distribution under this 
31.11 	chapter in the following order of priority and, except as set forth in clause (1), on a pro 
31.12 	rata basis:
31.13 	(1) claims secured by liens on receivership property, which liens are valid and 
31.14 	perfected before the time of appointment, to the extent of the proceeds from the disposition 
31.15 	of the collateral in accordance with their respective priorities under otherwise applicable 
31.16 	law, subject first to reimbursing the receiver for the reasonable and necessary expenses 
31.17 	of preserving, protecting, or disposing of the collateral, including allowed fees and 
31.18 	reimbursement of reasonable expenses of the receiver and professionals;
31.19 	(2) actual, necessary costs and expenses incurred during the receivership, other than 
31.20 	those expenses allowable under clause (1), including allowed fees and reimbursement of 
31.21 	reasonable expenses of the receiver and professionals employed by the receiver under 
31.22 	section 576.32;
31.23 	(3) claims for wages, salaries, or commissions, including vacation, severance, and 
31.24 	sick leave pay, or contributions to an employee benefit plan, earned by the claimant within 
31.25 	the 90 days before the time of appointment or the cessation of the respondent's business, 
31.26 	whichever occurs first, but only to the extent of the dollar amount in effect in United 
31.27 	States Code, title 11, section 507(4);
31.28 	(4) allowed unsecured claims, to the extent of the dollar amount in effect in United 
31.29 	States Code, title 11, section 507(7), for each individual, arising from the deposit with the 
31.30 	respondent, before the time of appointment of the receiver, of money in connection with 
31.31 	the purchase, lease, or rental of property or the purchase of services for personal, family, 
31.32 	or household use by individuals that were not delivered or provided;
31.33 	(5) claims for arrears in amounts owing pursuant to a support order as defined in 
31.34 	section 518A.26, subdivision 3;
32.1 	(6) unsecured claims of governmental units for taxes that accrued before the time 
32.2 	of appointment of the receiver; 
32.3 	(7) all other unsecured claims due as of the time of appointment, including the 
32.4 	balance due the holders of secured claims to the extent not satisfied under clause (1); and
32.5 	(8) interest pursuant to section 576.52.
32.6 		Subd. 2.Payments to respondent. If all of the amounts payable under subdivision 
32.7 	1 have been paid in full, any remaining receivership property shall be returned to the 
32.8 	respondent.

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

32.18 	Sec. 33. [576.53] DISTRIBUTIONS.
32.19 		Subdivision 1.Proposed distributions. Before any interim or final distribution is 
32.20 	made, the receiver shall file a distribution schedule listing the proposed distributions. 
32.21 	The distribution schedule may be filed at any time during the case or may be included 
32.22 	in the final report.
32.23 		Subd. 2.Notice. The receiver shall give notice of the filing of the distribution 
32.24 	schedule to all persons on the master mailing list or that have filed proofs of claim. If there 
32.25 	is no objection within 21 days after the notice, the court may enter an order authorizing 
32.26 	the receiver to make the distributions described in the distribution schedule without the 
32.27 	necessity of a hearing.
32.28 		Subd. 3.Other distributions. In the order appointing the receiver or in subsequent 
32.29 	orders, the court may authorize distribution of receivership property to persons with 
32.30 	ownership interests or liens.

32.31 	ARTICLE 5
32.32 	ASSIGNMENTS FOR THE BENEFIT OF CREDITORS

32.33 	Section 1. [577.11] DEFINITIONS.
33.1 	(a) The definitions in this section and in section 576.21 apply throughout this chapter 
33.2 	unless the context requires otherwise.
33.3 	(b) "Assignee" means the person to whom the assignment property is assigned.
33.4 	(c) "Assignment property" means the property assigned pursuant to the provisions 
33.5 	of this chapter.
33.6 	(d) "Assignor" means the person who assigns the assignment property.
33.7 	(e) "Time of assignment" means the date and time endorsed by the court 
33.8 	administrator pursuant to section 577.14.

33.9 	Sec. 2. [577.12] REQUISITES.
33.10 	A person may execute a written assignment of property to one or more assignees for 
33.11 	the benefit of creditors in conformity with the provisions of this chapter. Every assignment 
33.12 	for the benefit of creditors subject to this chapter made by an assignor of the whole or any 
33.13 	part of the assignor's property, real or personal, for the benefit of creditors, shall be: (1) to 
33.14 	a resident of the state eligible to be a receiver under section 576.26, in writing, subscribed 
33.15 	and acknowledged by the assignor; and (2) filed by the assignor or the assignee with the 
33.16 	court administrator of the district court of the county in which the assignor, or one of the 
33.17 	assignors if there is more than one, resides, or in which the principal place of business of 
33.18 	an assignor engaged in business is located. The district court shall have supervision over 
33.19 	the assignment property and of all proceedings under this chapter.

33.20 	Sec. 3. [577.13] FORM OF ASSIGNMENT.
33.21 	An assignment for the benefit of creditors under this chapter shall be signed by the 
33.22 	assignor and duly acknowledged in the same manner as conveyances of real property 
33.23 	before a notary public of the state, shall include an acceptance of the assignment by the 
33.24 	assignee, and shall be in substantially the following form:
33.25 	ASSIGNMENT
33.26 	THIS ASSIGNMENT is made this .... day of .............., .........., by and between 
33.27 	............, with a principal place of business at .......... (hereinafter "assignor"), and ............, 
33.28 	whose address is ........... (hereinafter "assignee").
33.29 	WHEREAS, the assignor has been engaged in the business of 
33.30 	............................................
33.31 	WHEREAS, the assignor is indebted to creditors and is unable to pay debts as they 
33.32 	become due, and is desirous of providing for the payment of debts, so far as it is possible 
33.33 	by an assignment of property for that purpose.
34.1 	NOW, THEREFORE, the assignor, in consideration of the assignee's acceptance 
34.2 	of this assignment, and for other good and valuable consideration, hereby assigns to 
34.3 	the assignee, and the assignee's successors and assigns, the assignor's property, except 
34.4 	the property as is exempt by law from levy and sale under an execution (and then only 
34.5 	to the extent of the exemption), including but not limited to all real property, fixtures, 
34.6 	goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, general 
34.7 	intangibles, bank deposits, cash, promissory notes, cash value and proceeds of insurance 
34.8 	policies, claims, and demands belonging to the assignor, wherever the property may be 
34.9 	located (hereinafter collectively the "assignment property"), which property is set forth 
34.10 	on Schedule A attached hereto.
34.11 	A list of the creditors of the assignor is set forth in Schedule B attached hereto.
34.12 	By making this assignment, the assignor consents to the appointment of the assignee 
34.13 	as a general receiver with respect to the assignment property in accordance with Minnesota 
34.14 	Statutes, chapters 576 and 577.
34.15 	The assignee shall take possession of and administer the assignment property 
34.16 	and shall liquidate the assignment property with reasonable dispatch, collect all claims 
34.17 	and demands hereby assigned as and to the extent they may be collectible, and pay 
34.18 	and discharge all reasonable expenses, costs, and disbursements in connection with the 
34.19 	execution and administration of this assignment from the proceeds of the liquidations and 
34.20 	collections in accordance with Minnesota Statutes, chapters 576 and 577.
34.21 	The assignee shall then pay and discharge in full, to the extent that funds are available 
34.22 	from the assignment property after payment of expenses, costs, and disbursements, all of 
34.23 	the debts and liabilities now due from the assignor, including interest on the debts and 
34.24 	liabilities in full, in accordance with Minnesota Statutes, chapters 576 and 577.
34.25 	In the event that all debts and liabilities are paid in full, the remainder of the 
34.26 	assignment property shall be returned to the assignor.
34.27 	To accomplish the purposes of this assignment, the assignor hereby irrevocably 
34.28 	appoints the assignee as the assignor's true and lawful attorney-in-fact, with full power 
34.29 	and authority to do all acts and things which may be necessary to execute and fulfill the 
34.30 	assignment hereby created, to the same extent as the acts and things might be done by 
34.31 	the assignor in the absence of this assignment, including, but not limited to, the power 
34.32 	to demand and recover from all persons all assignment property; to sue for the recovery 
34.33 	of assignment property; to execute, acknowledge, and deliver all necessary deeds, 
34.34 	instruments, and conveyances, and to grant and convey any or all of the real or personal 
34.35 	property of the assignment property pursuant thereto; and to appoint one or more attorneys 
34.36 	to assist the assignee in carrying out the assignee's duties hereunder.
35.1 	The assignor hereby authorizes the assignee to sign the name of the assignor to any 
35.2 	check, draft, promissory note, or other instrument in writing which is payable to the order 
35.3 	of the assignor, or to sign the name of the assignor to any instrument in writing, whenever 
35.4 	it shall be necessary to do so, to carry out the purposes of this assignment.
35.5 	The assignor declares, under penalty of perjury under the laws of the state of 
35.6 	Minnesota, that the attached schedules of the property or the assignor and creditors are 
35.7 	true and complete to the best of the assignor's knowledge.
35.8 	The assignee hereby accepts the assignment property and agrees faithfully and 
35.9 	without delay to carry out the assignee's duties under the foregoing assignment.

35.10
35.11	.............................................
Assignor
	...............................................
Assignee
	
35.12	Dated: ...................................
	Dated: ................................

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

35.18 	Sec. 5. [577.15] ASSIGNEE AS LIEN CREDITOR; REAL ESTATE 
35.19 	RECORDING.
35.20 		Subdivision 1.Assignee as lien creditor. As of the filing of the assignment, the 
35.21 	assignee shall have the powers and priority of a creditor that obtained a judicial lien at 
35.22 	the time of assignment pursuant to sections 548.09 and 550.10 on all of the assignment 
35.23 	property subject to satisfying the recording requirements as to real property described in 
35.24 	subdivision 2.
35.25 		Subd. 2.Real estate recording. If any interest in real estate is included in the 
35.26 	assignment property, the assignment shall be effective as a deed, and a notice of a lis 
35.27 	pendens shall be recorded as soon as practicable with the county recorder or registrar of 
35.28 	titles, as appropriate, of the county in which the real property is located. The priority of 
35.29 	the assignee as lien creditor against real property shall be from the time of recording of 
35.30 	the notice of lis pendens, except as to persons with actual or implied knowledge of the 
35.31 	assignment under section 507.34. The assignment executed by the assignor and certified 
35.32 	by the court administrator and a deed executed by the assignee shall be recorded with the 
35.33 	county recorder or registrar of titles, as appropriate, of the county in which the real property 
36.1 	is located, and upon execution of the deed by the assignee shall be prima facie evidence of 
36.2 	the authority of the assignee to convey the real property described in the assignment.

36.3 	Sec. 6. [577.16] NOTICE.
36.4 	The assignee shall give notice of the assignment to all creditors and other parties 
36.5 	in interest actually known to the assignee by mail or other means of transmission within 
36.6 	21 days after the time of assignment. The notice of the assignment shall include the 
36.7 	time of assignment and the names and addresses of the assignor, the assignee, and the 
36.8 	assignee's attorney, if any.

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

36.14 	Sec. 8. [577.18] APPLICATION OF CHAPTER GOVERNING 
36.15 	RECEIVERSHIPS.
36.16 	Except as otherwise provided in this chapter, an assignee shall be treated as a 
36.17 	general receiver, the assignment property shall be treated as receivership property, and all 
36.18 	proceedings following the filing of the assignment shall be governed by sections 576.21 
36.19 	to 576.53.

36.20 	Sec. 9.  REPEALER.
 36.21 	Minnesota Statutes 2010, sections 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 
36.22 	577.08; 577.09; and 577.10, are repealed.

36.23 	ARTICLE 6
36.24 	CONFORMING AMENDMENTS

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

37.4 	Sec. 2. Minnesota Statutes 2010, section 302A.753, subdivision 3, is amended to read:
37.5 		Subd. 3.Discharge of obligations. The assets of the corporation or the proceeds 
37.6 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
37.7 	order of priority to the payment and discharge or:
37.8 	(a) the costs and expenses of the proceedings, including attorneys' fees and 
37.9 	disbursements;
37.10 	(b) debts, taxes and assessments due the United States, the state of Minnesota and 
37.11 	their subdivisions, and other states and their subdivisions, in that order;
37.12 	(c) claims duly proved and allowed to employees under the provisions of the 
37.13 	Workers' Compensation Act; provided, that claims under this clause shall not be allowed if 
37.14 	the corporation carried workers' compensation insurance, as provided by law, at the time 
37.15 	the injury was sustained;
37.16 	(d) claims, including the value of all compensation paid in any medium other than 
37.17 	money, duly proved and allowed to employees for services performed within three months 
37.18 	preceding the appointment of the receiver, if any; and
37.19 	(e) other claims duly proved and allowed set forth in section 576.51.

37.20 	Sec. 3. Minnesota Statutes 2010, section 302A.755, is amended to read:
37.21 	302A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
37.22 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic 
37.23 	corporation or a foreign corporation authorized to transact business in this state. Any 
37.24 	person qualified under section 576.26 may be appointed as receiver. A receiver shall 
37.25 	give bond as directed by the court with the sureties required by the court required by 
37.26 	section 576.27.
37.27 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
37.28 	of the corporation. The court appointing the receiver has exclusive jurisdiction of over
37.29 	the corporation and its property, the receiver, and all receivership property pursuant to 
37.30 	section 576.23.

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

38.4 	Sec. 5. Minnesota Statutes 2010, section 302A.761, is amended to read:
38.5 	302A.761 DISCONTINUANCE OF DISSOLUTION PROCEEDINGS.
38.6 	The involuntary or supervised voluntary dissolution of a corporation shall be 
38.7 	discontinued at any time during the dissolution proceedings when it is established that 
38.8 	cause for dissolution no longer exists. When this is established, the court shall dismiss the 
38.9 	proceedings and direct the receiver, if any, to redeliver to the corporation all its remaining 
38.10 	property and assets and to file a final report pursuant to section 576.38, subdivision 3.

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

38.20 	Sec. 7. Minnesota Statutes 2010, section 308A.945, subdivision 3, is amended to read:
38.21 		Subd. 3.Discharge of obligations. The assets of the cooperative or the proceeds 
38.22 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
38.23 	order of priority or:
38.24 	(1) the costs and expenses of the proceedings, including attorneys' fees and 
38.25 	disbursements;
38.26 	(2) debts, taxes and assessments due the United States, the state of Minnesota and 
38.27 	their subdivisions, and other states and their subdivisions, in that order;
38.28 	(3) claims duly proved and allowed to employees under the provisions of the 
38.29 	Workers' Compensation Act except that claims under this clause may not be allowed 
38.30 	if the cooperative has carried workers' compensation insurance, as provided by law, at 
38.31 	the time the injury was sustained;
39.1 	(4) claims, including the value of all compensation paid in a medium other than 
39.2 	money, proved and allowed to employees for services performed within three months 
39.3 	preceding the appointment of the receiver, if any; and
39.4 	(5) other claims proved and allowed set forth in section 576.51.

39.5 	Sec. 8. Minnesota Statutes 2010, section 308A.951, is amended to read:
39.6 	308A.951 RECEIVER QUALIFICATIONS AND POWERS.
39.7 		Subdivision 1.Qualifications. A receiver must be a natural person or a domestic 
39.8 	corporation or a foreign corporation authorized to transact business in this state.Any 
39.9 	person qualified under section 576.26 may be appointed as a receiver. A receiver must 
39.10 	give a bond as directed by the court with the sureties required by the court required by 
39.11 	section 576.27.
39.12 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
39.13 	of the cooperative. The court appointing the receiver has exclusive jurisdiction of over
39.14 	the cooperative and its property, the receiver, and all receivership property pursuant to 
39.15 	section 576.23.

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

39.22 	Sec. 10. Minnesota Statutes 2010, section 308A.965, is amended to read:
39.23 	308A.965 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION 
39.24 	PROCEEDINGS.
39.25 	The involuntary or supervised voluntary dissolution of a cooperative may be 
39.26 	discontinued at any time during the dissolution proceedings if it is established that cause 
39.27 	for dissolution does not exist. The court shall dismiss the proceedings and direct the 
39.28 	receiver, if any, to redeliver to the cooperative its remaining property and assets and to file 
39.29 	a final report pursuant to section 576.38, subdivision 3.

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

40.7 	Sec. 12. Minnesota Statutes 2010, section 308B.935, subdivision 3, is amended to read:
40.8 		Subd. 3.Discharge of obligations. The assets of the cooperative or the proceeds 
40.9 	resulting from a sale, lease, transfer, or other disposition shall be applied in the following
40.10 	order of priority:
40.11 	(1) the costs and expense of the proceedings, including attorney fees and 
40.12 	disbursements;
40.13 	(2) debts, taxes, and assessments due the United States, this state, and other states 
40.14 	in that order;
40.15 	(3) claims duly proved and allowed to employees under the provisions of the 
40.16 	Workers' Compensation Act except that claims under this clause may not be allowed if 
40.17 	the cooperative carried workers' compensation insurance, as provided by law, at the time 
40.18 	the injury was sustained;
40.19 	(4) claims, including the value of all compensation paid in a medium other than 
40.20 	money, proved and allowed to employees for services performed within three months 
40.21 	preceding the appointment of the receiver, if any; and
40.22 	(5) other claims proved and allowed set forth in section 576.51.

40.23 	Sec. 13. Minnesota Statutes 2010, section 308B.941, is amended to read:
40.24 	308B.941 RECEIVER QUALIFICATIONS AND POWERS.
40.25 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic 
40.26 	business entity or a foreign business entity authorized to transact business in this state.
40.27 	Any person qualified under section 576.26 may be appointed as a receiver. A receiver 
40.28 	shall give a bond as directed by the court with the sureties required by the court required 
40.29 	by section 576.27.
40.30 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver 
40.31 	of the cooperative. The court appointing the receiver has exclusive jurisdiction of over
40.32 	the cooperative and its property, the receiver, and all receivership property pursuant to 
40.33 	section 576.23.

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

41.7 	Sec. 15. Minnesota Statutes 2010, section 308B.955, is amended to read:
41.8 	308B.955 DISCONTINUANCE OF COURT-SUPERVISED DISSOLUTION 
41.9 	PROCEEDINGS.
41.10 	The involuntary or supervised voluntary dissolution of a cooperative may be 
41.11 	discontinued at any time during the dissolution proceedings if it is established that cause 
41.12 	for dissolution does not exist. The court shall dismiss the proceedings and direct the 
41.13 	receiver, if any, to redeliver to the cooperative its remaining property and assets and to file 
41.14 	a final report pursuant to section 576.38, subdivision 3.

41.15 	Sec. 16. Minnesota Statutes 2010, section 316.11, is amended to read:
41.16 	316.11 RECEIVER, APPOINTMENT, DUTIES.
41.17 	In any action or proceeding to dissolve a corporation, the court, at any time before 
41.18 	judgment, or within three years after judgment, of dissolution, may appoint a receiver to 
41.19 	take charge of its estate and effects and to collect the debts and property due and belonging 
41.20 	to it, with, in addition to the powers set forth in chapter 576, power to prosecute and 
41.21 	defend actions in its name or otherwise, to appoint agents, and do all other acts necessary 
41.22 	to the final settlement of the unfinished business of the corporation which it might do if in 
41.23 	being. The power of such receiver shall continue so long as the court deems necessary 
41.24 	for such purposes. The receiver shall pay all debts due from the corporation, if the funds 
41.25 	in hand are sufficient therefor; and, if not, shall distribute the same ratably among the 
41.26 	creditors who prove their debts, in the manner directed by the court; and, if there be any 
41.27 	balance after the payment of the debts, the receiver shall distribute and pay the same to 
41.28 	and among those who are justly entitled thereto, as having been stockholders or members. 
41.29 	Every receiver appointed under the provisions of this section shall give bond in such 
41.30 	amount as the court shall require, with sureties approved by it the assets of the corporation 
41.31 	or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied 
41.32 	in the order of priority set forth in section 576.51. After payment of the expenses of 
41.33 	the receivership and claims of creditors duly proved, the remaining assets, if any, shall 
41.34 	be distributed to the shareholders in accordance with section 302A.551, subdivision 4. 
42.1 	Every receiver appointed under the provisions of this section shall give bond as required 
42.2 	by section 576.27 in such amount as the court shall require, with sureties approved by it.

42.3 	Sec. 17. Minnesota Statutes 2010, section 317A.255, subdivision 1, is amended to read:
42.4 		Subdivision 1.Conflict; procedure when conflict arises. (a) A contract or other 
42.5 	transaction between a corporation and: (1) its director or a member of the family of its 
42.6 	director; (2) a director of a related organization, or a member of the family of a director 
42.7 	of a related organization; or (3) an organization in or of which the corporation's director, 
42.8 	or a member of the family of its director, is a director, officer, or legal representative or 
42.9 	has a material financial interest; is not void or voidable because the director or the other 
42.10 	individual or organization are parties or because the director is present at the meeting of 
42.11 	the members or the board or a committee at which the contract or transaction is authorized, 
42.12 	approved, or ratified, if a requirement of paragraph (b) is satisfied.
42.13 	(b) A contract or transaction described in paragraph (a) is not void or voidable if:
42.14 	(1) the contract or transaction was, and the person asserting the validity of the 
42.15 	contract or transaction has the burden of establishing that the contract or transaction was, 
42.16 	fair and reasonable as to the corporation when it was authorized, approved, or ratified;
42.17 	(2) the material facts as to the contract or transaction and as to the director's interest 
42.18 	are fully disclosed or known to the members and the contract or transaction is approved 
42.19 	in good faith by two-thirds of the members entitled to vote, not counting any vote that 
42.20 	the interested director might otherwise have, or the unanimous affirmative vote of all 
42.21 	members, whether or not entitled to vote;
42.22 	(3) the material facts as to the contract or transaction and as to the director's interest 
42.23 	are fully disclosed or known to the board or a committee, and the board or committee 
42.24 	authorizes, approves, or ratifies the contract or transaction in good faith by a majority of 
42.25 	the directors or committee members currently holding office, provided that the interested 
42.26 	director or directors may not vote and are not considered present for purposes of a quorum. 
42.27 	If, as a result, the number of remaining directors is not sufficient to reach a quorum, 
42.28 	a quorum for the purpose of considering the contract or transaction is the number of 
42.29 	remaining directors or committee members, not counting any vote that the interested 
42.30 	director might otherwise have, and not counting the director in determining the presence 
42.31 	of a quorum; or
42.32 	(4) the contract or transaction is a merger or consolidation described in section 
42.33 	317A.601.

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

43.7 	Sec. 19. Minnesota Statutes 2010, section 317A.753, subdivision 4, is amended to read:
43.8 		Subd. 4.Discharge of obligations. The assets of the corporation or the proceeds 
43.9 	resulting from a sale, lease, transfer, or other disposition must be applied in the following
43.10 	order of priority to the payment and discharge of:
43.11 	(1) the costs and expenses of the dissolution proceedings, including attorneys fees 
43.12 	and disbursements;
43.13 	(2) debts, taxes, and assessments due the United States, the state of Minnesota and 
43.14 	their subdivisions, and other states and their subdivisions, in that order;
43.15 	(3) claims duly proved and allowed to employees under the Workers' Compensation 
43.16 	Act, provided that claims under this clause are not allowed if the corporation carried 
43.17 	workers' compensation insurance, as provided by law, at the time the injury was sustained;
43.18 	(4) claims, including the value of compensation paid in a medium other than money, 
43.19 	duly proved and allowed to employees for services performed within three months 
43.20 	preceding the appointment of the receiver, if any; and
43.21 	(5) other claims duly proved and allowed set forth in section 576.51.

43.22 	Sec. 20. Minnesota Statutes 2010, section 317A.755, is amended to read:
43.23 	317A.755 QUALIFICATIONS OF RECEIVERS; POWERS.
43.24 		Subdivision 1.Qualifications. A receiver must be a natural person or a domestic 
43.25 	corporation or a foreign corporation authorized to transact business in this state.Any 
43.26 	person qualified under section 576.26 may be appointed as a receiver. A receiver shall 
43.27 	give bond as directed by the court with the sureties required by the court required by 
43.28 	section 576.27.
43.29 		Subd. 2.Powers. A receiver may sue and defend in courts all actions as receiver 
43.30 	of the corporation. The court appointing the receiver has exclusive jurisdiction of over
43.31 	the corporation and its property, the receiver, and all receivership property pursuant to 
43.32 	section 576.23.

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

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

44.17 	Sec. 23. Minnesota Statutes 2010, section 322B.836, subdivision 3, is amended to read:
44.18 		Subd. 3.Discharge of obligations upon liquidation. If the court determines that 
44.19 	the limited liability company is to be dissolved with winding up to be accomplished by 
44.20 	liquidation, then the assets of the limited liability company or the proceeds resulting 
44.21 	from a sale, lease, transfer, or other disposition must be applied in the following order of 
44.22 	priority to the payment and discharge or:
44.23 	(1) the costs and expenses of the proceedings, including attorneys' fees and 
44.24 	disbursements;
44.25 	(2) debts, taxes, and assessments due the United States, the state of Minnesota and 
44.26 	their subdivisions, and other states and their subdivisions, in that order;
44.27 	(3) claims duly proved and allowed to employees under the provisions of chapter 
44.28 	176; provided, that claims under this clause shall not be allowed if the limited liability 
44.29 	company carried workers' compensation insurance, as provided by law, at the time the 
44.30 	injury was sustained;
44.31 	(4) claims, including the value of all compensation paid in any medium other than 
44.32 	money, duly proved and allowed to employees for services performed within three months 
44.33 	preceding the appointment of the receiver, if any; and
44.34 	(5) other claims duly proved and allowed set forth in section 576.51.

45.1 	Sec. 24. Minnesota Statutes 2010, section 322B.84, is amended to read:
45.2 	322B.84 QUALIFICATIONS OF RECEIVERS AND POWERS.
45.3 		Subdivision 1.Qualifications. A receiver shall be a natural person or a domestic or 
45.4 	foreign organization authorized to transact business in this state.Any person qualified 
45.5 	under section 576.26 may be appointed as a receiver. A receiver shall give bond as 
45.6 	directed by the court with the sureties required by the court required by section 576.27.
45.7 		Subd. 2.Powers. A receiver may sue and defend in all courts actions as receiver of 
45.8 	the limited liability company. The court appointing the receiver has exclusive jurisdiction 
45.9 	of over the limited liability company and its property, the receiver, and all receivership 
45.10 	property pursuant to section 576.23.

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

45.18 	Sec. 26. Minnesota Statutes 2010, section 469.012, subdivision 2i, is amended to read:
45.19 		Subd. 2i.Receivers, assignment of rent as security. An authority may secure a 
45.20 	mortgage or loan for a rental housing project by obtaining the appointment of receivers or 
45.21 	assignments of rents and profits under sections 559.17 and 576.01 576.25, subdivision 
45.22 	5, except that the limitation relating to the minimum amounts of the original principal 
45.23 	balances of mortgages specified in sections 559.17, subdivision 2, clause (2); and 576.01, 
45.24 	subdivision 2 576.25, subdivision 5, paragraph (a), clause (1), does not apply.

45.25 	Sec. 27. Minnesota Statutes 2010, section 540.14, is amended to read:
45.26 	540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW 
45.27 	SATISFIED.
45.28 	Except as limited in chapters 576 and 577, any receiver, assignee, or other person 
45.29 	appointed by a court to hold or manage property under its direction, may be sued on 
45.30 	account of any acts or transactions in carrying on the business connected with such 
45.31 	property without prior leave of court.
45.32 	Such action may be brought in any county in which it could have been brought 
45.33 	against the person or corporation represented by such receiver or other person, shall be 
46.1 	tried in the same manner and subject to the same rules of procedure, and any judgment 
46.2 	recovered therein against such receiver or other person shall be paid by the receiver or 
46.3 	other person as a part of the expenses of managing such property.

46.4 	Sec. 28. Minnesota Statutes 2010, section 559.17, subdivision 2, is amended to read:
46.5 		Subd. 2.Assignment; conditions. A mortgagor may assign, as additional security 
46.6 	for the debt secured by the mortgage, the rents and profits from the mortgaged real 
46.7 	property, if the mortgage:
46.8 	(1) was executed, modified or amended subsequent to August 1, 1977;
46.9 	(2) secured an original principal amount of $100,000 or more or is a lien upon 
46.10 	residential real estate containing more than four dwelling units; and
46.11 	(3) is not a lien upon property which was:
46.12 	(i) entirely homesteaded as agricultural property; or
46.13 	(ii) residential real estate containing four or fewer dwelling units where at least 
46.14 	one of the units is homesteaded. The assignment may be enforced, but only against the 
46.15 	nonhomestead portion of the mortgaged property, as follows:
46.16 	(a) if, by the terms of an assignment, a receiver is to be appointed upon the 
46.17 	occurrence of some specified event, and a showing is made that the event has occurred, 
46.18 	the court shall, without regard to waste, adequacy of the security, or solvency of the 
46.19 	mortgagor, appoint a receiver who shall, with respect to the excess cash remaining after 
46.20 	application as provided in section 576.01, subdivision 2 576.25, subdivision 5, apply it as 
46.21 	prescribed by the assignment. If the assignment so provides, the receiver shall apply the 
46.22 	excess cash in the manner set out herein from the date of appointment through the entire 
46.23 	redemption period from any foreclosure sale. Subject to the terms of the assignment, the 
46.24 	receiver shall have the powers and duties as set forth in section 576.01, subdivision 2
46.25 	576.25, subdivision 5; or
46.26 	(b) if no provision is made for the appointment of a receiver in the assignment or 
46.27 	if by the terms of the assignment a receiver may be appointed, the assignment shall be 
46.28 	binding upon the assignor unless or until a receiver is appointed without regard to waste, 
46.29 	adequacy of the security or solvency of the mortgagor, but only in the event of default in 
46.30 	the terms and conditions of the mortgage, and only in the event the assignment requires 
46.31 	the holder thereof to first apply the rents and profits received as provided in section 
46.32 	576.01, subdivision 2 576.25, subdivision 5, in which case the same shall operate against 
46.33 	and be binding upon the occupiers of the premises from the date of recording by the 
46.34 	holder of the assignment in the office of the county recorder or the office of the registrar of 
46.35 	titles for the county in which the property is located of a notice of default in the terms 
47.1 	and conditions of the mortgage and service of a copy of the notice upon the occupiers of 
47.2 	the premises. The holder of the assignment shall apply the rents and profits received in 
47.3 	accordance with the terms of the assignment, and, if the assignment so provides, for 
47.4 	the entire redemption period from any foreclosure sale. A holder of an assignment who 
47.5 	enforces it in accordance with this clause shall not be deemed to be a mortgagee in 
47.6 	possession with attendant liability.
47.7 	Nothing contained herein shall prohibit the right to reinstate the mortgage 
47.8 	debt granted pursuant to section 580.30, nor the right to redeem granted pursuant to 
47.9 	sections 580.23 and 581.10, and any excess cash, as that term is used herein, collected 
47.10 	by the receiver under clause (a), or any rents and profits taken by the holder of the 
47.11 	assignment under clause (b), shall be credited to the amount required to be paid to effect 
47.12 	a reinstatement or redemption.

47.13 	Sec. 29. Minnesota Statutes 2010, section 576.04, is amended to read:
47.14 	576.04 ABSENTEES; POSSESSION, MANAGEMENT, AND DISPOSITION 
47.15 	OF PROPERTY.
47.16 	If a person entitled to or having an interest in property within or without the 
47.17 	jurisdiction of the state has disappeared or absconded from the place within or without the 
47.18 	state where last known to be, and has no agent in the state, and it is not known where the 
47.19 	person is, or if such person, having a spouse or minor child or children dependent to any 
47.20 	extent upon the person for support, has thus disappeared, or absconded without making 
47.21 	sufficient provision for such support, and it is not known where the person is, or, if it is 
47.22 	known that the person is without the state, any one who would under the law of the state 
47.23 	be entitled to administer upon the estate of such absentee if deceased, or if no one is 
47.24 	known to be so entitled, some person deemed suitable by the court, or such spouse, or 
47.25 	some one in such spouse's or minors' behalf, may file a petition, under oath, in the court for 
47.26 	the county where any such property is situated or found, stating the name, age, occupation, 
47.27 	and last known residence or address of such absentee, the date and circumstances of the 
47.28 	disappearance or absconding, and the names and residences of other persons, whether 
47.29 	members of such absentee's family or otherwise, of whom inquiry may be made, whether 
47.30 	or not such absentee is a citizen of the United States, and if not, of what country the 
47.31 	absentee is a citizen or native, and containing a schedule of the property, real and personal, 
47.32 	so far as known, and its location within or without the state, and a schedule of contractual 
47.33 	or property rights contingent upon the absentee's death, and praying that real and personal 
47.34 	property may be taken possession of and a receiver thereof appointed under this chapter
47.35 	576. No proceedings shall be commenced under the provisions of sections 576.04 to 
48.1 	576.16 this chapter, except upon good cause shown until at least three months after the 
48.2 	date on which it is alleged in such petition that such person so disappeared or absconded. 

48.3 	Sec. 30. Minnesota Statutes 2010, section 576.06, is amended to read:
48.4 	576.06 NOTICE OF SEIZURE; APPOINTMENT OF RECEIVER; 
48.5 	DISPOSITION OF PROPERTY.
48.6 	Upon the return of such warrant, the court may issue a notice reciting the substance 
48.7 	of the petition, warrant, and officer's return, which shall be addressed to such absentee and 
48.8 	to all persons who claim an interest in such property, and to all whom it may concern, 
48.9 	citing them to appear at a time and place named and show cause why a receiver of the 
48.10 	property named in the officer's schedule should not be appointed and the property held and 
48.11 	disposed of under sections 576.04 to 576.16 this chapter. 

48.12 	Sec. 31. Minnesota Statutes 2010, section 576.08, is amended to read:
48.13 	576.08 HEARING BY COURT; DISMISSAL OF PROCEEDING; 
48.14 	APPOINTMENT AND BOND OF RECEIVER.
48.15 	The absentee, or any person who claims an interest in any of the property, may 
48.16 	appear and show cause why the prayer of the petition should not be granted. The court 
48.17 	may, after hearing, dismiss the petition and order the property in possession of the officer 
48.18 	to be returned to the person entitled thereto, or it may appoint a receiver of the property 
48.19 	which is in the possession of the officer and named in the schedule. If a receiver is 
48.20 	appointed, the court shall find and record the date of the disappearance or absconding 
48.21 	of the absentee; and the receiver shall give a bond to the state in the sum and with the 
48.22 	conditions the court orders, to be approved by the court pursuant to section 576.27. In the 
48.23 	appointment of the receiver the court shall give preference to the spouse of the absentee, if 
48.24 	the spouse is competent and suitable eligible to serve as receiver under section 576.26.

48.25 	Sec. 32. Minnesota Statutes 2010, section 576.09, is amended to read:
48.26 	576.09 POSSESSION TRANSFER OF PROPERTY BY TO RECEIVER.
48.27 	After the approval of the receiver gives its bond the court may order the sheriff or a 
48.28 	deputy to transfer and deliver to such receiver the possession of the property under the 
48.29 	warrant, and the receiver shall file in the office of the court administrator a schedule 
48.30 	of the property received.

49.1 	Sec. 33. Minnesota Statutes 2010, section 576.11, is amended to read:
49.2 	576.11 WHERE NO CORPOREAL PROPERTY; RECEIVER; BOND.
49.3 	If the absentee has left no corporeal property within or without the state, but there 
49.4 	are debts and obligations due or owing to the absentee from persons within or without 
49.5 	the state, a petition may be filed, as provided in section 576.04 578.02, stating the nature 
49.6 	and amount of such debts and obligations, so far as known, and praying that a receiver 
49.7 	thereof may be appointed. The court may thereupon issue a notice, as above provided, 
49.8 	without issuing a warrant, and may, upon the return of the notice and after a hearing, 
49.9 	dismiss the petition or appoint a receiver and authorize and direct the receiver to demand 
49.10 	and collect the debts and obligations specified in the petition. The receiver shall give 
49.11 	bond, as provided in section 576.08 576.27, and hold the proceeds of such debts and 
49.12 	obligations and all property received, and distribute the same as provided in sections 
49.13 	576.12 to 576.16 chapter 576. The receiver may be further authorized and directed as 
49.14 	provided in section 576.10 578.08. 

49.15 	Sec. 34. Minnesota Statutes 2010, section 576.121, is amended to read:
49.16 	576.121 ADVANCE LIFE INSURANCE PAYMENTS TO ABSENTEE'S 
49.17 	BENEFICIARY.
49.18 	If the beneficiary under an insurance policy on the life of an absentee is the 
49.19 	absentee's spouse, child, or other person dependent upon the absentee for support and 
49.20 	advance payments under the policy are necessary to support and maintain the beneficiary, 
49.21 	the beneficiary shall be entitled to advance payments as the court determines under section 
49.22 	576.122 578.12. "Beneficiary" under this section includes an heir at law of the person 
49.23 	whose life is insured if the policy is payable to the insured's estate. 

49.24 	Sec. 35. Minnesota Statutes 2010, section 576.123, is amended to read:
49.25 	576.123 REAPPEARANCE OF ABSENTEE.
49.26 		Subdivision 1.Insurance payments; reduction. If an absentee is declared dead 
49.27 	after advance insurance payments have been made pursuant to section 576.122 578.12, 
49.28 	the amount payable under the policy shall be reduced by the total amount of payments 
49.29 	made under section 576.122 578.12. 
49.30 		Subd. 2.Reimbursement of insurer. If an absentee is found to be living after 
49.31 	advance insurance payments have been made to a beneficiary pursuant to section 576.122
49.32 	578.12, the absentee and beneficiary shall reimburse the insurer the amount of the 
49.33 	payments made. 
50.1 	If the insurer is unable to obtain full reimbursement, the amount payable under the 
50.2 	policy shall be reduced to the extent necessary to allow full reimbursement. Failure of the 
50.3 	absentee and beneficiary to reimburse the insurer upon demand for payment sent by the 
50.4 	insurer by certified mail to the last known address of the absentee and beneficiary shall be 
50.5 	sufficient to show the insurer's inability to obtain reimbursement.

50.6 	Sec. 36. Minnesota Statutes 2010, section 576.144, is amended to read:
50.7 	576.144 DISSOLUTION OF MARRIAGE.
50.8 	If the court finds the absentee dead in accordance with section 576.142 578.17, the 
50.9 	absentee's marriage is dissolved. The court shall enter the conclusion of law dissolving the 
50.10 	marriage on the order which establishes the death of the absentee as a matter of law. 

50.11 	Sec. 37. Minnesota Statutes 2010, section 576.15, is amended to read:
50.12 	576.15 COMPENSATION OF RECEIVER; TITLE OF ABSENTEE LOST 
50.13 	AFTER FOUR YEARS.
50.14 	The receiver shall be allowed such compensation and disbursements as the court 
50.15 	orders, to be paid out of the property or proceeds provided in chapter 576. If, within 
50.16 	four years after the date of the disappearance or absconding, as found and recorded by 
50.17 	the court, the absentee appears, and has not been declared dead under section 576.142
50.18 	578.17, or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of 
50.19 	the absentee is appointed, the receiver shall account for, deliver, and pay over to the 
50.20 	absentee the remainder of the property. If the absentee does not appear and claim the 
50.21 	property within four years, all the absentee's right, title, and interest in the property, real 
50.22 	or personal, or the proceeds thereof, shall cease, and no action shall be brought by the 
50.23 	absentee on account thereof. 
50.24 	If the absentee is declared dead pursuant to section 576.142 578.17 and appears 
50.25 	before the expiration of four years, the absentee shall have no right, title and interest in the 
50.26 	property, real or personal, or the proceeds thereof. 

50.27 	Sec. 38. Minnesota Statutes 2010, section 576.16, is amended to read:
50.28 	576.16 PROPERTY DISTRIBUTION; TIME LIMITATION.
50.29 	If the receiver is not appointed within three years after the date found by the court 
50.30 	under section 576.08 578.06, the time limited for accounting for, or fixed for distributing, 
50.31 	the property or its proceeds, or for barring actions relative thereto, shall be one year after 
51.1 	the date of the appointment of the receiver instead of the four years provided in sections 
51.2 	576.14 578.15 and 576.15 578.20. 
51.3 	The provisions of sections 576.04 to 576.16 this chapter shall not be construed as 
51.4 	exclusive, but as providing additional and cumulative remedies. 

51.5 	Sec. 39. REVISOR'S INSTRUCTION.
 51.6 	The revisor of statutes shall renumber each section of Minnesota Statutes listed 
51.7 	in column A with the number in column B. The revisor shall correct any incorrect 
51.8 	cross-references resulting from this renumbering.

51.9	Column A
	Column B
	
51.10	576.011
	578.01
	
51.11	576.04
	578.02
	
51.12	576.05
	578.03
	
51.13	576.06
	578.04
	
51.14	576.07
	578.05
	
51.15	576.08
	578.06
	
51.16	576.09
	578.07
	
51.17	576.10
	578.08
	
51.18	576.11
	578.09
	
51.19	576.12
	578.10
	
51.20	571.121
	578.11
	
51.21	576.122
	578.12
	
51.22	576.123
	578.13
	
51.23	576.13
	578.14
	
51.24	576.14
	578.15
	
51.25	576.141
	578.16
	
51.26	576.142
	578.17
	
51.27	576.143
	578.18
	
51.28	576.144
	578.19
	
51.29	576.15
	578.20
	
51.30	576.16
	578.21

51.31 	Sec. 40.  REPEALER.
 51.32 	Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision 
51.33 	2; 308B.951, subdivisions 2 and 3; 317A.759, subdivision 2; and 576.01, are repealed.