SF 1768

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating commercial assumed 
  1.3             names; prohibiting intentional misrepresentation of 
  1.4             geographic origin or location; providing civil 
  1.5             penalties and remedies; amending Minnesota Statutes 
  1.6             1996, section 333.01; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 333. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 333.01, is 
  1.10  amended to read: 
  1.11     333.01 [COMMERCIAL ASSUMED NAMES; CERTIFICATE.] 
  1.12     Subdivision 1.  [CERTIFICATE.] No person shall hereafter 
  1.13  carry on or conduct or transact a commercial business in this 
  1.14  state under any designation, name, or style, which does not set 
  1.15  forth the true name of every person interested in such business 
  1.16  unless such person shall file in the office of the secretary of 
  1.17  state, a certificate setting forth the name and business address 
  1.18  under which the business is conducted or transacted, or is to be 
  1.19  conducted or transacted, and the true name of each person 
  1.20  conducting or transacting the same, with the address of such 
  1.21  person.  The name of the business must not include any of the 
  1.22  following phrases or their abbreviations:  corporation, 
  1.23  incorporated, limited, chartered, professional cooperative, 
  1.24  association, limited partnership, limited liability company, 
  1.25  professional limited liability company, limited liability 
  1.26  partnership, or professional limited liability partnership, 
  2.1   except to the extent that an entity filing a certificate would 
  2.2   be authorized to use the phrase or abbreviation.  The 
  2.3   certificate shall be executed by one of the persons conducting, 
  2.4   or intending to conduct, the business.  The certificate shall be 
  2.5   published after it has been filed with the secretary of state in 
  2.6   a qualified newspaper in the county in which the person has a 
  2.7   principal or registered office for two successive issues. 
  2.8      Subd. 2.  [INTENTIONAL MISREPRESENTATION PROHIBITED.] No 
  2.9   person shall use an assumed or fictitious name in the conduct of 
  2.10  its business to intentionally misrepresent its geographic origin 
  2.11  or location.  
  2.12     Sec. 2.  [333.065] [PENALTY FOR VIOLATION.] 
  2.13     A person who violates any provision of sections 333.01 to 
  2.14  333.06 is subject to the penalties and remedies provided in 
  2.15  section 8.31.  
  2.16     The relief provided in this section is in addition to the 
  2.17  remedies or penalties otherwise available.  
  2.18     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     Sections 1 and 2 are effective the day following final 
  2.20  enactment and apply to causes of action arising from incidents 
  2.21  occurring on or after that date.