5.16 CORRECTION OF DOCUMENTS.
Subdivision 1. Procedure to correct inaccurate or defective instruments.
instrument authorized to be filed with the secretary of state has been filed and is an inaccurate
record of the action referred to in the instrument, contains an inaccurate or erroneous statement,
or was defectively or erroneously executed, sealed, acknowledged, or verified, the instrument
may be corrected by articles of correction. Articles of correction must be signed by the person
who executed the original instrument or by a person authorized to sign on behalf of that person.
In the case of an entity other than a natural person, the articles of correction must be signed by
an authorized person.
Subd. 2. Articles of correction.
The articles of correction must:
(1) set forth the name of the person or entity who filed the instrument;
(2) identify the instrument to be corrected by description and by the date of its filing with
the secretary of state;
(3) identify the inaccuracy, error, or defect to be corrected; and
(4) set forth a statement in corrected form of the portion of the instrument to be corrected.
Subd. 3. Filing articles of correction.
The articles of correction shall be delivered to the
secretary of state. If the secretary of state finds that the articles of correction conform to law, the
secretary of state shall, when all fees have been paid as required by law:
(1) endorse on the articles of correction the word "filed" and the month, day, and year that the
articles are filed; and
(2) file and record the document in the Office of the Secretary of State.
Subd. 4. Effect of filing articles of correction.
After articles of correction have been filed
and recorded in the Office of the Secretary of State, the instrument as corrected is considered to
have been filed on the date the original instrument was filed; except that as to persons adversely
affected by the correction, the instrument as corrected is considered to have been filed on the
date the articles of correction were filed. A certificate issued by the secretary of state before an
instrument is corrected, with respect to the effect of filing the original instrument, is considered
to be applicable to the instrument as corrected as of the date the instrument as corrected is
considered to have been filed under this section.
Subd. 5. Fees.
The secretary of state shall collect a fee of $35 for filing articles of correction.
History: 1988 c 682 s 3; 1991 c 205 s 2