Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 137-H.F.No. 156
An act relating to state government; secretary of
state; regulating filing fees and procedures; amending
Minnesota Statutes 1996, sections 5.12; 5.23; 5.25,
subdivision 1; 5A.03; 5A.04; 302A.821, subdivision 5;
303.14, subdivision 1; 308A.005, by adding a
subdivision; 317A.821, subdivision 3; 317A.827,
subdivision 1; 322A.03; 331A.02, subdivision 1;
333.035; 336.9-403; 336.9-404; 336A.04, subdivision 4;
and 514.08, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 5; repealing
Minnesota Rules, part 3650.0030, subpart 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 5.12, is
amended to read:
5.12 [CERTIFICATE; CERTIFIED COPY OF DOCUMENT; FEE
CERTIFICATES AND CERTIFICATIONS.]
Subdivision 1. [FEES.] The secretary of state shall charge
a fee of $5 for each certificate or certification of a copy of
any document filed in the office of the secretary of state. The
secretary of state shall charge a fee of $3 for a copy of an
original filing of a corporation, limited partnership, trade or
service mark, or for the complete record of a certificate of
assumed name. The secretary of state shall charge a fee of $3
for a copy of any or all subsequent filings of a corporation,
limited partnership, or trade or service mark. The secretary of
state shall charge a fee of $1 per page for copies of other
nonuniform commercial code documents filed with the secretary of
state.
Subd. 2. [CERTIFICATE OF GOOD STANDING.] Upon payment of
the proper fee, the secretary of state shall issue a certificate
of good standing to a person when a business entity is in good
standing as defined in section 5.26.
Subd. 3. [CERTIFICATE OF NOT IN GOOD STANDING.] Upon
payment of the proper fee, the secretary of state shall issue a
certificate of not in good standing to a person when a business
entity is not in good standing as defined in section 5.26.
Subd. 4. [CERTIFICATE OF REGISTRATION.] Upon payment of
the proper fee, the secretary of state shall issue a certificate
of registration to a person when a business filing with the
secretary has been made that does not create a separate legal
entity.
Sec. 2. Minnesota Statutes 1996, section 5.23, is amended
to read:
5.23 [REMOVAL OF DOCUMENTS FROM THE PUBLIC RECORD.]
Subdivision 1. [FAILURE TO PAY FILING FEE.] If an
instrument authorized to be filed with the secretary of state
has been submitted with a draft or other negotiable
instrument payment order or item that is returned without being
honored rejected or dishonored, the secretary may must remove
the instrument from the public record. The secretary may also
pursue collection of the rejected or dishonored draft or
negotiable instrument payment order or item and recover the face
amount of the draft or negotiable instrument payment order or
item, any service fee, and any additional collection costs
incurred to collect the amount. If the draft or negotiable
instrument payment order or item is honored, the instrument must
be returned to the public record as of the date the draft or
negotiable instrument payment order or item is honored and the
secretary may impose restrictions on the manner of payment that
will be accepted for any future filings. This subdivision does
not apply to financing statements filed under chapter 336.
Subd. 2. [FAILURE TO PAY FEE.] If a party enters into a
continuing agreement with the secretary of state for the receipt
of information or products containing information and payment
for services or products is made by a draft or other negotiable
instrument payment order or item that is returned without being
honored rejected or dishonored, the secretary shall immediately
terminate the agreement. The secretary may also pursue
collection of the rejected or dishonored draft or negotiable
instrument payment order or item and recover the face amount of
the draft or negotiable instrument payment order or item and any
additional costs incurred to collect the amount. If the draft
or negotiable instrument payment order or item is honored, the
agreement may be reinstated and the secretary may impose
restrictions on the manner of payment that will be accepted
during the course of the agreement.
Subd. 3. [FAILURE TO PAY DIRECT ACCESS CHARGES.] If a
customer who has subscribed with the secretary of state for
direct computer access to the secretary's data bases makes
payment for information received with a draft or other
negotiable instrument payment order or item that is returned
without being honored rejected or dishonored, the secretary
shall immediately terminate the customer's access to the data
bases. The secretary may also pursue collection of the rejected
or dishonored draft or negotiable instrument payment order or
item and recover the face amount of the draft or negotiable
instrument payment order or item and any additional costs
incurred to collect the amount. If the draft or negotiable
instrument payment order or item is honored, access may be
restored and the secretary may impose restrictions on the
methods of payment that will be acceptable.
Subd. 4. [COLLECTION OF ALL AMOUNTS.] The secretary of
state must collect the face amount of the rejected or dishonored
draft or negotiable instrument payment order or item, any
service fee, and all costs of collection in every possible
instance. Collection must occur whether or not the instrument
is returned to the public record or the customer continues to
receive the information products or access to the data base.
Uncollectible drafts payment orders and items must be processed
according to applicable Minnesota law.
Sec. 3. Minnesota Statutes 1996, section 5.25, subdivision
1, is amended to read:
Subdivision 1. [WHO MAY BE SERVED.] A process, notice, or
demand required or permitted by law to be served upon an entity
governed by chapter 221, 302A, 303, 317A, 322A, 322B, 323, 330,
540, or 543 may be served on: (1) the registered agent, if any;
(2) if no agent has been appointed then on an officer, manager,
or partner of the entity; or (3) if no agent, officer, manager,
or partner can be found at the address on file with the
secretary of state, on the secretary of state as provided in
this section.
Sec. 4. [5.26] [GOOD STANDING.]
Subdivision 1. [DEFINITION.] "Good standing" means that a
business entity has complied with all of the filing and
registration requirements with the office of the secretary of
state described in the entity's governing chapter.
Subd. 2. [EFFECT OF STATUS.] (a) When a business entity is
in good standing it may amend its organizing document that is on
file with the secretary of state.
(b) When a business entity is in good standing, the
secretary of state shall issue a certificate of good standing as
described in section 5.12.
(c) A business entity that is not in good standing may
participate in a merger where it does not survive the merger
transaction or may dissolve or terminate its existence. It may
not amend its organizing document or file other documents with
the secretary of state, other than documents required to return
the business entity to good standing.
(d) When a business entity is not in good standing, the
secretary of state shall issue a certificate of not in good
standing as described in section 5.12. The secretary of state
shall not issue a certificate of good standing with respect to a
business entity that is not in good standing.
Subd. 3. [REINSTATEMENT.] Reinstatement of good standing
is controlled by the provisions of the chapter that governs the
business entity.
Sec. 5. Minnesota Statutes 1996, section 5A.03, is amended
to read:
5A.03 [ORGANIZATION APPLICATION FOR REGISTRATION.]
(a) An application for registration as an international
student exchange visitor placement organization must be
submitted in the form prescribed by the secretary of state. The
application must include:
(1) evidence that the organization meets the standards
established by the secretary of state by rule;
(2) the name, address, and telephone number of the
organization, its chief executive officer, and the person within
the organization who has primary responsibility for supervising
placements within the state;
(3) the organization's unified business identification
number, if any;
(4) the organization's United States Information Agency
number, if any;
(5) evidence of Council on Standards for International
Educational Travel listing, if any;
(6) whether the organization is exempt from federal income
tax; and
(7) a list of the organization's placements in Minnesota
for the previous academic year including the number of students
placed, their home countries, the school districts in which they
were placed, and the length of their placements.
(b) The application must be signed by the chief executive
officer of the organization and the person within the
organization who has primary responsibility for supervising
placements within Minnesota. If the secretary of state
determines that the application is complete, the secretary of
state shall file the application and the applicant is registered.
(c) Organizations that have registered shall inform the
secretary of state of any changes in the information required
under paragraph (a), clause (1), within 30 days of the
change. There is no fee to amend a registration.
(d) Registration under this chapter is valid for one year.
The registration may be renewed annually. The fee to renew a
registration is $50 per year.
(e) Organizations registering for the first time in
Minnesota must pay an initial registration fee of $150.
(f) Fees collected by the secretary of state under this
section must be deposited in the state treasury and credited to
the general fund and are added to the appropriation from which
registration costs are paid.
Sec. 6. Minnesota Statutes 1996, section 5A.04, is amended
to read:
5A.04 [RULES.]
(a) The secretary of state shall adopt by rule standards
for international student exchange visitor placement
organizations. In adopting the rules, the secretary of state
may adopt standards established by the United States Information
Agency and the Council on Standards for International
Educational Travel. The secretary of state may incorporate
standards established by the United States Information Agency or
the Council on Standards for International Educational Travel by
reference and may accept an organization's designation by the
United States Information Agency or acceptance for listing by
the Council on Standards for International Educational Travel as
evidence of compliance with the standards.
(b) The secretary of state may adopt rules as necessary to
carry out its duties under this chapter. The rules may provide
for a reasonable registration fee not to exceed $150 for each
initial registration and $50 for each annual renewal to defray
the costs of processing registrations. Fees collected by the
secretary of state under this provision shall be deposited in
the state treasury and credited to the general fund and are
added to the appropriation from which registration costs are
paid.
(c) The secretary of state must require that an
international student exchange visitor placement organization's
application form for participation as a host family include a
signed document complying with section 299C.62, subdivision 2,
that gives the organization permission to conduct a background
check on members of the host family. Sections 299C.60 to
299C.64 apply to the background check, except that for purposes
of this section the term "background check crime" includes any
felony.
Sec. 7. Minnesota Statutes 1996, section 302A.821,
subdivision 5, is amended to read:
Subd. 5. [PENALTY.] (a) A corporation that has failed for
three consecutive years to file a registration pursuant to the
requirements of subdivision 1, has been notified of the failure
pursuant to subdivision 4, and has failed to file the delinquent
registration during the 60-day period described in subdivision
4, shall be dissolved by the secretary of state as described in
paragraph (b).
(b) Immediately after the expiration of the 60-day period
described in paragraph (a), if the corporation has not filed the
delinquent registration, the secretary of state shall issue a
certificate of involuntary dissolution, and a copy of the
certificate shall be filed in the office of the secretary of
state. The original certificate shall be sent to the registered
office of the corporation. The secretary of state shall
annually inform the attorney general and the commissioner of
revenue of the methods by which the names of corporations
dissolved under this section during the preceding year may be
determined. A corporation dissolved in this manner is not
entitled to the benefits of section 302A.781. The liability, if
any, of the shareholders of a corporation dissolved in this
manner shall be determined and limited in accordance with
section 302A.557, except that the shareholders shall have no
liability to any director of the corporation under section
302A.559, subdivision 2.
Sec. 8. Minnesota Statutes 1996, section 303.14,
subdivision 1, is amended to read:
Subdivision 1. [FILED WITH SECRETARY OF STATE; CONTENTS.]
Between January 15 and May 15, in each calendar year, every
foreign corporation which holds a certificate of authority shall
make and file with the secretary of state a report for the
previous calendar year, setting forth:
(1) the name of the corporation and the state or country
under the laws of which it is organized;
(2) if the name of the corporation does not end with the
word "Corporation" or the word "Incorporated," or the
abbreviation "Inc.," or does not contain the word "Company" or
the abbreviation "Co." not immediately preceded by the word
"and" or the character "&," then the name of the corporation
with the word or abbreviation which it has agreed to add thereto
for use in this state;
(3) the address of its registered office in this state and
the name of its registered agent at such address;
(4) additional information necessary or appropriate to
enable the secretary of state to determine the additional
license fee, if any, payable by the corporation;
(5) a statement of the corporate taxable net income as
stated in its appropriate Minnesota corporate income tax return
that was due in the previous year; and
(6) the fee required by section 303.07, subdivision 2.
This fee shall be submitted with the annual report.
Sec. 9. Minnesota Statutes 1996, section 308A.005, is
amended by adding a subdivision to read:
Subd. 1a. [ADDRESS.] "Address" means mailing address,
including a zip code. In the case of a registered address, the
term means the mailing address and the actual office location,
which may not be a post office box.
Sec. 10. Minnesota Statutes 1996, section 317A.821,
subdivision 3, is amended to read:
Subd. 3. [DISSOLUTION; EXTENSION.] If a corporation fails
to regain its good standing under subdivision 2 on or before
December 31, 1997, the corporation is dissolved under section
317A.827. After December 31, 1997, the corporate existence of a
corporation dissolved under this subdivision may be extended by
filing the initial corporate registration with the secretary of
state and payment of a $1,000 $25 fee. The extension relates
back to December 31, 1997.
Sec. 11. Minnesota Statutes 1996, section 317A.827,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] If a corporation fails to file
the initial registration by December 31, 1997, or if it fails to
file the delinquent registration before expiration of the 60-day
period in section 317A.823, subdivision 3, the secretary of
state shall immediately issue a certificate of involuntary
dissolution. The secretary of state shall send the original
certificate to the registered office of the corporation and file
a copy in the office of the secretary of state. The secretary
of state shall annually inform the attorney general of
the methods by which the names of corporations dissolved under
this section during the previous year may be determined. A
corporation dissolved under this section is not entitled to the
benefits of section 317A.781, subdivision 1.
Sec. 12. Minnesota Statutes 1996, section 322A.03, is
amended to read:
322A.03 [RESERVATION OF NAME.]
(a) The exclusive right to the use of a name may be
reserved by:
(1) any person intending to organize a limited partnership
under sections 322A.01 to 322A.87 and to adopt that name;
(2) any domestic limited partnership or any foreign limited
partnership registered in this state which, in either case,
intends to adopt that name;
(3) any foreign limited partnership intending to register
in this state and adopt that name; and
(4) any person intending to organize a foreign limited
partnership and intending to have it register in this state and
adopt that name.
(b) The reservation shall be made by filing with the
secretary of state an application, executed by the applicant, to
reserve a specified name. On finding that the name is available
for use by a domestic or foreign limited partnership, the
secretary of state shall reserve the name for the exclusive use
of the applicant for a period of 120 days. Once having so
reserved a name, the same applicant may not again reserve the
same name until more than 60 days after the expiration of the
last 120-day period for which that applicant reserved that
name 12 months. The reservation may be renewed for successive
12-month periods. The right to the exclusive use of a reserved
name may be transferred to any other person by filing in the
office of the secretary of state a notice of the transfer,
executed by the applicant for whom the name was reserved and
specifying the name and address of the transferee.
Sec. 13. Minnesota Statutes 1996, section 331A.02,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATION.] No newspaper in this state
shall be entitled to any compensation or fee for publishing any
public notice unless it is qualified as a medium of official and
legal publication. A newspaper that is not qualified must
inform a public body that presents a public notice for
publication that it is not qualified. To be qualified as a
medium of official and legal publication, a newspaper shall:
(a) be printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at
least 1,000 square inches;
(b) if a daily, be distributed at least five days each
week, or if not a daily, be distributed at least once each week,
for 50 weeks each year. In any week in which a legal holiday is
included, not more than four issues of a daily paper are
necessary;
(c) in at least half of its issues each year, have no more
than 75 percent of its printed space comprised of advertising
material and paid public notices. In all of its issues each
year, have 25 percent, if published more often than weekly, or
50 percent, if weekly, of its news columns devoted to news of
local interest to the community which it purports to serve. Not
more than 25 percent of its total nonadvertising column inches
in any issue may wholly duplicate any other publication unless
the duplicated material is from recognized general news
services;
(d) be circulated in the local public corporation which it
purports to serve, and either have at least 500 copies regularly
delivered to paying subscribers, or have at least 500 copies
regularly distributed without charge to local residents;
(e) have its known office of issue established in either
the county in which lies, in whole or in part, the local public
corporation which the newspaper purports to serve, or in an
adjoining county;
(f) file a copy of each issue immediately with the state
historical society;
(g) be made available at single or subscription prices to
any person, corporation, partnership, or other unincorporated
association requesting the newspaper and making the applicable
payment, or be distributed without charge to local residents;
(h) have complied with all the foregoing conditions of this
subdivision for at least one year immediately preceding the date
of the notice publication; and
(i) between September 1 and December 31 of each year
publish and submit to the secretary of state, along with a
filing fee of $25, a sworn United States Post Office
second-class periodicals-class statement of ownership and
circulation or a statement of ownership and circulation verified
by a recognized independent circulation auditing agency covering
a period of not less than at least one year ending no earlier
than the June 30 preceding the filing publication deadline,
provided that a filing published and submitted. When
publication occurs after December 31 and before July 1,
qualification shall be effective from the date of the
filing described in paragraph (j) through December 31 of that
year. The secretary of state shall make the list of newspapers
whose filings have been accepted available for public
inspection. The acceptance of a filing does not constitute a
guarantee by the state that any other qualification requirement
has been met.; and
(j) after publication, submit to the secretary of state by
December 31 a filing containing the newspaper's name, address of
its known office of issue, telephone number, and a statement
that it has complied with all of the requirements of this
section. The filing must be accompanied by a fee of $25. The
secretary of state shall make available for public inspection a
list of newspapers that have filed. Acceptance of a filing does
not constitute a guarantee by the state that any other
qualification has been met.
Sec. 14. Minnesota Statutes 1996, section 333.035, is
amended to read:
333.035 [AMENDMENT OF CERTIFICATE.]
Within 60 days after the occurrence of any event which
makes any statement in the last previous statement certificate
filed incorrect, an amended certificate shall be filed and the
amended certificate shall be published by the person conducting
the business in the same manner as provided by section
333.01. If the amendment is made only to comply with a change
in the law that occurred since the previous date of filing,
publication is not required.
Sec. 15. Minnesota Statutes 1996, section 336.9-403, is
amended to read:
336.9-403 [WHAT CONSTITUTES FILING; DURATION OF FILING;
EFFECT OF LAPSED FILING; DUTIES OF FILING OFFICER.]
(1) Presentation for filing of a financing statement and
tender of the filing fee or acceptance of the statement by the
filing officer constitutes filing under this article.
(2) Except as provided in subsection (6) a filed financing
statement is effective for a period of five years from the date
of filing. The effectiveness of a filed financing statement
lapses on the expiration of the five-year period unless a
continuation statement is filed prior to the lapse. If a
security interest perfected by filing exists at the time
insolvency proceedings are commenced by or against the debtor,
the security interest remains perfected until termination of the
insolvency proceedings and thereafter for a period of 60 days or
until expiration of the five-year period, whichever occurs later
regardless of whether the financing statement filed as to that
security interest is destroyed by the filing officer pursuant to
subsection (3). Upon lapse the security interest becomes
unperfected, unless it is perfected without filing. If the
security interest becomes unperfected upon lapse, it is deemed
to have been unperfected as against a person who became a
purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured
party within six months prior to the expiration of the five-year
period specified in subsection (2). Any such continuation
statement must be signed by the secured party, set forth the
name, social security number or other tax identification number
of the debtor, and address of the debtor and secured party as
those items appear on the original financing statement or the
most recently filed amendment, identify the original statement
by file number and filing date, and state that the original
statement is still effective. A continuation statement signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed
by the secured party of record and complying with subsection (2)
of section 336.9-405, including payment of the required fee.
Upon timely filing of the continuation statement, the
effectiveness of the original statement is continued for five
years after the last date to which the filing was effective
whereupon it lapses in the same manner as provided in subsection
(2) unless another continuation statement is filed prior to such
lapse. Succeeding continuation statements may be filed in the
same manner to continue the effectiveness of the original
statement. Unless a statute on disposition of public records
provides otherwise, the filing officer may remove a lapsed
statement from the files and destroy it immediately if the
officer has retained a microfilm or other photographic record
copy in a format which meets archival standards, or in other
cases after one year after the lapse. The filing officer shall
so arrange matters by physical annexation of financing
statements to continuation statements or other related filings,
or by other means, that if the officer physically destroys the
financing statements of a period more than five years past,
those which have been continued by a continuation statement or
which are still effective under subsection (6) shall be
retained. If insolvency proceedings are commenced by or against
the debtor, the secured party shall notify the filing officer
both upon commencement and termination of the proceedings, and
the filing officer shall not destroy any financing statements
filed with respect to the debtor until termination of the
insolvency proceedings. The security interest remains perfected
until termination of the insolvency proceedings and thereafter
for a period of 60 days or until expiration of the five-year
period, whichever occurs later.
(4) Except as provided in subsection (7) a filing officer
shall mark each statement with a file number and with the date
and hour of filing and shall hold the statement or a microfilm
or other photographic copy thereof in a format that meets
archival standards for public inspection. In addition the
filing officer shall index the statements according to the name
of the debtor and shall note in the index the file number, the
address of the debtor given in the statement, and the social
security number or other tax identification number of the debtor
given in the statement.
(5) The secretary of state shall prescribe uniform forms
for statements and samples thereof shall be furnished to all
filing officers in the state. The uniform fee for filing and
indexing and for stamping a copy furnished by the secured party
to show the date and place of filing:
(a) for an original financing statement or statement of
continuation on a standard form prescribed by the secretary of
state, is $15 for up to two debtor names and $15 for each
additional name thereafter;
(b) for an original financing statement or statement of
continuation that is not on a standard form prescribed by the
secretary of state, is $20 for up to two debtor names and $20
for each additional name thereafter;
(c) for an amendment on a standard form prescribed by the
secretary of state that does not add debtor names, is $15;
(d) for an amendment that is not on a standard form
prescribed by the secretary of state and that does not add
debtor names, is $20;
(e) for an amendment on a standard form prescribed by the
secretary of state that adds more than one debtor name, is $15
per debtor name; and
(f) for an amendment that is not on a standard form
prescribed by the secretary of state that adds more than one
debtor name, is $20 per debtor name.
In no case will a filing officer accept more than four
additional pages per financing statement for filing in the
uniform commercial code records.
The secretary of state shall adopt rules for filing,
amendment, continuation, termination, removal, and destruction
of financing statements.
(6) If the debtor is a transmitting utility (subsection (5)
of section 336.9-401) and a filed financing statement so states,
it is effective until a termination statement is filed. A real
estate mortgage which is effective as a fixture filing under
subsection (6) of section 336.9-402 remains effective as a
fixture filing until the mortgage is released or satisfied of
record or its effectiveness otherwise terminates as to the real
estate.
(7) When a financing statement covers timber to be cut or
covers minerals or the like (including oil and gas) or accounts
subject to subsection (5) of section 336.9-103, or is filed as a
fixture filing, it shall be filed for record and the filing
officer shall index it under the names of the debtor and any
owner of record shown on the financing statement in the same
fashion as if they were the mortgagors in a mortgage of the real
estate described, and, to the extent that the law of this state
provides for indexing of mortgages under the name of the
mortgagee, under the name of the secured party as if the secured
party were the mortgagee thereunder, or, for filing offices
other than the secretary of state, where indexing is by
description in the same fashion as if the financing statement
were a mortgage of the real estate described.
(8) The fees provided for in this article shall supersede
the fees for similar services otherwise provided for by law
except in the case of security interests filed in connection
with a certificate of title on a motor vehicle.
Sec. 16. Minnesota Statutes 1996, section 336.9-404, is
amended to read:
336.9-404 [TERMINATION STATEMENT.]
(1) If a financing statement covering consumer goods is
filed on or after January 1, 1977, then within one month or
within ten days following written demand by the debtor after
there is no outstanding secured obligation and no commitment to
make advances, incur obligations or otherwise give value, the
secured party must file with each filing officer with whom the
financing statement was filed, a termination statement to the
effect that the secured party no longer claims a security
interest under the financing statement. The termination
statement must set forth the name and address of the debtor and
secured party as those items appear on the original financing
statement or the most recently filed amendment; identify the
original financing statement by file number and filing date; and
be signed by the secured party. In other cases whenever there
is no outstanding secured obligation and no commitment to make
advances, incur obligations, or otherwise give value, the
secured party must on written demand by the debtor send the
debtor, for each filing officer with whom the financing
statement was filed, a termination statement to the effect that
the secured party no longer claims a security interest under the
financing statement, which shall be identified by file number.
A termination statement signed by a person other than the
secured party of record must be accompanied by a separate
written statement of assignment signed by the secured party of
record and complying with subsection (2) of section 336.9-405,
including payment of the required fee. If the affected secured
party fails to file such a termination statement as required by
this subsection, or to send such a termination statement within
ten days after proper demand therefor the secured party shall be
liable to the debtor for $100, and in addition for any loss
caused to the debtor by such failure.
(2) On being presented with such a termination statement
the filing officer must note it in the index. If a duplicate
termination statement is provided, the filing officer shall
return one copy of the termination statement to the secured
party stamped to show the time of receipt thereof. If the
filing officer has a microfilm or other photographic record of
the financing statement in a format that meets archival
standards, and of any related continuation statement, statement
of assignment and statement of release, the filing officer may
remove the originals from the files at any time after receipt of
the termination statement, or having no such record, the filing
officer may remove them from the files at any time after one
year after receipt of the termination statement.
(3) There shall be no fee collected for the filing of a
termination if the termination statement is in the standard form
prescribed by the secretary of state. The fee for filing a
termination statement on a form that is not the standard form
prescribed by the secretary of state is $5. If the original
financing statement was subject to subsection (5) of section
336.9-402, the fee prescribed by section 357.18, subdivision 1,
clause (1), is also required.
Sec. 17. Minnesota Statutes 1996, section 336A.04,
subdivision 4, is amended to read:
Subd. 4. [FILING PROCEDURE.] (a) The filing officer shall
mark the effective financing statement or lien notice with a
consecutive file number and the date and hour of filing.
(b) The filing office shall maintain the original filed
document or a microfilm or other photographic copy of the filed
document in a format that meets archival standards for public
inspection as provided in rule by the secretary of state.
(c) The filing office shall index filed documents according
to the file number of the document.
Sec. 18. Minnesota Statutes 1996, section 514.08,
subdivision 2, is amended to read:
Subd. 2. [STATEMENT BY LIEN CLAIMANT; REQUIREMENTS.] Such
statement shall be made by or at the instance of the lien
claimant, be verified by the oath of some person shown by such
verification to have knowledge of the facts stated, and shall
set forth:
(1) a notice of intention to claim and hold a lien, and the
amount thereof;
(2) that such amount is due and owing to the claimant for
labor performed, or for skill, material, or machinery furnished,
and for what improvement the same was done or supplied;
(3) the names of the claimant, and of the person for or to
whom performed or furnished;
(4) the dates when the first and last items of the
claimant's contribution to the improvement were made;
(5) a description of the premises to be charged,
identifying the same with reasonable certainty;
(6) the name of the owner thereof at the time of making
such statement, according to the best information then had;
(7) the post office address of the claimant. (The failure
to insert such post office address shall not invalidate the lien
statement);
(8) that claimant acknowledges that a copy of the statement
must be served personally or by certified mail within the
120-day period provided in this section on the owner, the
owner's authorized agent or the person who entered into the
contract with the contractor as provided herein; and
(9) that notice as required by section 514.011, subdivision
2, if any, was given.
When the claimant files the notice, the social security
number of an individual owner or the Internal Revenue Service
taxpayer identification number for an owner other than an
individual is not required.
Sec. 19. [RULES REPEALER.]
Minnesota Rules, part 3650.0030, subpart 8, is repealed.
Presented to the governor May 9, 1997
Signed by the governor May 12, 1997, 11:13 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes