Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

116R.12 POWERS AND DUTIES OF TRUSTEE.
    Subdivision 1. General. The trustee, if any, designated in any indenture or order securing an
issue of bonds may, in the trustee's own name, if so provided in the indenture or order:
(1) enforce all rights of the bondholders, including the right to require the commissioner
to collect fees, charges, interest, and payments on leases, loans, or interests therein held by the
commissioner and eligible securities purchased by it adequate to carry out any agreement as to, or
pledge of, those fees, charges, and payments, and to require the commissioner to carry out any
other agreements with the holders of the bonds and to perform the duties required under sections
116R.01 to 116R.15;
(2) bring suit upon the bonds;
(3) require the commissioner to account as if it were the trustee of any express trust for the
holders of the bonds;
(4) enjoin any acts or things which may be unlawful or in violation of the rights of holders
of the bonds; or
(5) upon a default as defined in any bond, order, or indenture, declare all the bonds due and
payable, enforce any remedy available under law, and if all defaults are made good, the trustee
may annul the declaration and consequences.
    Subd. 2. Additional powers. In addition to the powers in subdivision 1, the trustee has all
of the powers necessary or appropriate for the exercise of any functions specifically set forth in
this section or incident to the general representation of bondholders in the enforcement and
protection of their rights.
    Subd. 3. Venue. The venue of any action or proceedings brought by a trustee is in Ramsey
County.
    Subd. 4. Approval. The approval of the commissioner is not required if the bond trustee has
taken control of the facility as a result of a default.
History: 1991 c 350 art 1 s 12; 2007 c 138 s 9,16

Official Publication of the State of Minnesota
Revisor of Statutes