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323.02 Definitions.

Subdivision 1. Words, terms, and phrases. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purposes of this chapter, shall be given the meanings subjoined to them.

Subd. 2. Court. "Court" includes every court and judge having jurisdiction in the case.

Subd. 3. Business. "Business" includes every trade, occupation, or profession.

Subd. 4. Person. "Person" includes individuals, partnerships, corporations, and other associations.

Subd. 5. Bankrupt. "Bankrupt" includes bankrupt under the federal Bankruptcy Act or insolvent under any state insolvent act.

Subd. 6. Conveyance. "Conveyance" includes every assignment, lease, mortgage, or encumbrance.

Subd. 7. Real property. "Real property" includes land and any interest or estate in land.

Subd. 7a. Limited liability partnership. "Limited liability partnership" means a general partnership governed by this chapter with a registration in effect under section 323.44.

Subd. 8. Partnership. A partnership is an association of two or more persons to carry on as coowners a business for profit and includes a limited liability partnership. Any association formed under any other statutes of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but this chapter shall apply to limited partnerships, except in so far as the statutes relating to such partnerships are inconsistent herewith.

Subd. 9. Foreign limited liability partnership. "Foreign limited liability partnership" means a general partnership organized under laws other than the laws of this state with status as a limited liability partnership in its home jurisdiction.

Subd. 10. Filed with the secretary of state. "Filed with the secretary of state" means that a document meeting the applicable requirements of this chapter, signed and accompanied by the required filing fee, has been delivered to the secretary of state of this state. The secretary of state shall endorse on the document the word "Filed" and the month, day, and year of filing, record the document in the office of the secretary of state, and return a document to the person who delivered it for filing.

Subd. 11. Signed. (a) "Signed" means that the signature of a person has been written on a document, as provided in section 645.44, subdivision 14, and, with respect to a document required by this chapter to be filed with the secretary of state, means that the document has been signed by a person authorized to do so by this chapter, the articles or bylaws, or by a resolution approved by the partners.

(b) A signature on a document may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile or electronically, or in any other manner reproduced on the document.

HIST: (7385, 7389) 1921 c 487 s 2,6; 1994 c 539 s 9,10; 1995 c 128 art 3 s 11; 1995 c 263 s 1; 1997 c 10 art 4 s 17,18

* NOTE: Subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, and 9 are *repealed by Laws 1997, chapter 174, article 12, section 68, as *amended by Laws 1998, chapter 262, section 68, effective January *1, 2002.

Official Publication of the State of Minnesota
Revisor of Statutes