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HF 1470

as introduced - 89th Legislature (2015 - 2016) Posted on 04/07/2015 12:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/05/2015

Current Version - as introduced

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A bill for an act
relating to the secretary of state; regulating business fees and filings; amending
Minnesota Statutes 2014, sections 272.484; 303.19; 304A.301, subdivisions 1, 5,
6, by adding a subdivision; 336A.09, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 272.484, is amended to read:


272.484 FEES.

The fee for filing and indexing each notice of lien or certificate or notice affecting
the lien is:

(1) for a lien, certificate of discharge or subordination, and for all other notices,
including a certificate of release or nonattachment filed with the secretary of state, the fee
provided by section 336.9-525, except that the filing fee charged to the district directors
of internal revenue for filing a federal tax lien is $15 deleted text beginfor up to two debtor names and
$15 for each additional name
deleted text end;new text begin and
new text end

(2) for a lien, certificate of discharge or subordination, and for all other notices,
including a certificate of release or nonattachment filed with the county recorder, the fee
for filing a real estate mortgage in the county where filed.

The officer shall bill the district directors of internal revenue or other appropriate
federal officials on a monthly basis for fees for documents filed by them.

Sec. 2.

Minnesota Statutes 2014, section 303.19, is amended to read:


303.19 REINSTATEMENT.

Subdivision 1.

deleted text beginApplicationdeleted text endnew text begin Required filingnew text end.

Any foreign corporation whose
certificate of authority to do business in this state shall have been revoked or canceled may
deleted text beginfiledeleted text endnew text begin reinstate that authority by filing an annual renewal and the fee required by subdivision
2
new text end with the secretary of state deleted text beginan application for reinstatement. Such application shall be
on forms prescribed by the secretary of state, shall contain all the matters required to be
set forth in an original application for a certificate of authority, and such other pertinent
information as may be required by the secretary of state
deleted text end.new text begin If any of the information in the
original application for authority has changed, the foreign corporation must also file an
amended certificate setting forth the currently accurate information, with the fee required
by section 303.21, subdivision 3.
new text end

Subd. 2.

Fee.

If the certificate of authority was revoked by the secretary of state
pursuant to section 303.17, deleted text beginthe corporation shall pay to the commissioner of management
and budget $250 before it may be reinstated.
deleted text end

deleted text begin If the certificate of authority was canceleddeleted text endnew text begin ornew text end by a judgment pursuant to section
303.18, the corporation shall pay to the commissioner of management and budget $500
before it may be reinstated.

Subd. 3.

Certificate of reinstatement.

Upon the filing of the application and upon
payment of deleted text beginall penalties, fees and charges required by law, not including an initial license
fee or additional license fees to the extent that they have previously been paid by the
corporation
deleted text endnew text begin the fees imposed by this sectionnew text end, the secretary of state shall reinstate the
license of the corporation.

Sec. 3.

Minnesota Statutes 2014, section 304A.301, subdivision 1, is amended to read:


Subdivision 1.

Report required.

deleted text beginNo later than 90 days after the conclusion of
each calendar year
deleted text endnew text begin Before each April 1new text end, a public benefit corporation must deliver to the
secretary of state for filing an annual benefit report covering the 12-month period ending
on December 31 of deleted text beginthatdeleted text endnew text begin the previousnew text end year and pay a fee of $35 to the secretary of state.
The annual benefit report must state the name of the public benefit corporation, be signed
by the public benefit corporation's chief executive officer not more than 30 days before the
report is delivered to the secretary of state for filing, and must be current when signed.

Sec. 4.

Minnesota Statutes 2014, section 304A.301, subdivision 5, is amended to read:


Subd. 5.

Failure to file an annual benefit report.

If a public benefit corporation
fails to file deleted text beginandeleted text endnew text begin, before April 1 of any calendar year, thenew text end annual benefit report deleted text beginin accordance
with this section within 90 days of the date on which an annual benefit report is due
deleted text endnew text begin
required by this section
new text end, the secretary of state shall revoke the corporation's status as a
public benefit corporation under this chapter and must notify the public benefit corporation
of the revocation using the information provided by the corporation pursuant to section
5.002 or 5.34 or provided in the articles.

Sec. 5.

Minnesota Statutes 2014, section 304A.301, subdivision 6, is amended to read:


Subd. 6.

Effects of revocation; reinstatement.

(a) A public benefit corporation
that has lost its public benefit corporation status for failure to timely file an annual benefit
report new text beginor by terminating that status pursuant to section 304A.103 new text endis not entitled to the
benefits afforded to a public benefit corporation under this chapter as of the date of
revocationnew text begin or termination and must amend the articles of incorporation to reflect a name
compliant with section 302A.115, but which does not include the corporate designation
provided for in section 304A.101, subdivision 2
new text end.

(b) Within 30 days of issuance of revocation of public benefit corporation status by
the secretary of state, filing a renewal complying with this section and a $500 fee with
the secretary of state will reinstate the corporation as a public benefit corporation under
this chapter as of the date of revocation.

Sec. 6.

Minnesota Statutes 2014, section 304A.301, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Failure to change corporate name. new text end

new text begin The duration of a corporation that has
had public benefit status terminated or revoked and which fails to change the corporate
name as provided in subdivision 6 expires automatically 30 days after termination or
revocation of the public benefit corporation status.
new text end

Sec. 7.

Minnesota Statutes 2014, section 336A.09, subdivision 1, is amended to read:


Subdivision 1.

Procedure.

(a) deleted text beginOraldeleted text endnew text begin Onlinenew text end and written inquiries regarding
information provided by the filing of effective financing statements or lien notices may
be deleted text beginmade at any filing officedeleted text endnew text begin submitted to the secretary of statenew text end during regular business
hoursnew text begin or, if submitted online, at any timenew text end.

(b) deleted text beginA filing office receiving an oral or written inquiry shall, upon requestdeleted text endnew text begin The
secretary of state must, upon receiving an inquiry
new text end, provide deleted text beginan oral or facsimiledeleted text endnew text begin a promptnew text end
response to the inquiry.

(c) deleted text beginA filing officedeleted text endnew text begin The secretary of statenew text end shall maintain a record of inquiries made
under this section including:

(1) the date of the inquiry;

(2) the name of the debtor inquired about; and

(3) identification of the person making the request for inquiry.