SF 376

as introduced - 89th Legislature (2015 - 2016) Posted on 01/30/2015 08:39am

A bill for an act
relating to assumed names; modifying publication requirements; amending
Minnesota Statutes 2014, sections 333.01, subdivision 1; 333.04.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 333.01, subdivision 1, is amended to read:

Subdivision 1.

Certificate.

No person shall hereafter carry on or conduct or transact
a commercial business in this state under any designation, name, or style, which does not
set forth the true name of every person interested in such business unless such person shall
file in the Office of the Secretary of State, a certificate setting forth the name and business
address under which the business is conducted or transacted, or is to be conducted or
transacted, and the true name of each person conducting or transacting the same, with the
address of such person. The name of the business must not include any of the following
phrases or their abbreviations: corporation, incorporated, limited, chartered, professional
association, cooperative, limited partnership, limited liability company, professional
limited liability company, limited liability partnership, or professional limited liability
partnership, except to the extent that an entity filing a certificate would be authorized to
use the phrase or abbreviation. The certificate shall be executed by one of the persons
conducting, or intending to conduct, the business. deleted text begin The certificate shall be published after it
has been filed with the secretary of state in a qualified newspaper in the county in which
the person has a principal or registered office for two successive issues.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 333.04, is amended to read:

333.04 SECRETARY OF STATE; DUTIES, FEES.

The secretary of state shall keep an alphabetical list of assumed names filed
pursuant to section 333.01 after August 1, 1978, together with trademarks, service marks,
certification marks or collective marks filed with the secretary of state and issued pursuant
to sections 333.20 and 333.21, and for the indexing and filing of the certificates shall
charge the applicant a fee prescribed by section 333.055. A copy of such certificate, duly
certified to by the secretary of state, shall be presumptive evidence in all courts of law in
this state of the facts therein contained. new text begin The secretary of state shall make the assumed
name certificates available on an individual inquiry basis on the secretary of state Web site.
new text end