SF 2430

as introduced - 90th Legislature (2017 - 2018) Posted on 05/23/2017 08:59am

A bill for an act
relating to business organizations; addressing the publication of a natural person's
home address; amending Minnesota Statutes 2016, sections 5.34; 5.36, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 5.34, is amended to read:

5.34 ANNUAL RENEWAL FILINGS.

(a) Any business registered with the secretary of state required to file an annual renewal
in order to maintain its active status, good standing, or existence under Minnesota Statutes
shall file that renewal, whether online or otherwise, in a format that states:

(1) the name in Minnesota of the organization for which the renewal is filed;

(2) the name of the organization in the jurisdiction in which it is organized, if different;

(3) the address of the registered office or designated office and the name of the registered
agent of the organization for service of process, if any;

(4) the jurisdiction in which the organization is organized, if that jurisdiction is not
Minnesota;

(5) the name and business address of the officer or other person exercising the principal
functions of the president of a nonprofit corporation, manager of a limited liability company,
or chief executive officer of a corporation or cooperative;

(6) the address of the principal executive office of a domestic business corporation or
of a limited liability company or the principal place of business of a cooperative, if different
from the registered office address;

(7) the address of the designated office and the name, street, and mailing address of the
agent for service of process in Minnesota of a limited partnership or foreign limited
partnership;

(8) the street and mailing address of the principal office of a limited partnership;

(9) the street and mailing address of the chief executive office of a partnership and, if
different, the street address of an office of a partnership in Minnesota, if any;

(10) the name, street, mailing address, and telephone number of an individual who may
be contacted for purposes other than services of process on behalf of a limited partnership
or a limited liability partnership, if the agent for the limited liability partnership, limited
partnership, or foreign limited partnership is not an individual; and

(11) the e-mail address of the organization to which notices from the secretary of state
will be directed, if the organization has an e-mail address.

(b) Any business entity filed with the secretary of state whose articles were first filed
with the commissioner of commerce need not file an annual renewal with the secretary of
state.

(c) If a cooperative formed under chapter 308A makes a change in the principal place
of business on the annual renewal, the secretary of state shall update the records of that
cooperative to reflect the new principal place of business without requiring an amendment
to the articles of incorporation of the cooperative.

new text begin (d) The secretary of state must not publish on its Web site the address of a business
entity if the entity:
new text end

new text begin (1) has a natural person as its sole shareholder, member, manager, or owner; and
new text end

new text begin (2) the natural person's home address is the address provided pursuant to paragraph (a),
clauses (3), (5), and (6).
new text end

new text begin The natural person's address shall be made available to the public upon request via telephone,
mail, electronic mail, and facsimile transmission.
new text end

Sec. 2.

Minnesota Statutes 2016, section 5.36, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Publication exception. new text end

new text begin The secretary of state must not publish on its Web
site the address of a business entity's registered office if the entity:
new text end

new text begin (1) has a natural person as its sole shareholder, member, manager, or owner; and
new text end

new text begin (2) the natural person's home address is the registered office address.
new text end

new text begin The natural person's address shall be made available to the public upon request via telephone,
mail, electronic mail, and facsimile transmission.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2017, and apply to annual renewals and registered
office filings filed with the secretary of state on or after that date.
new text end