2001 Minnesota Statutes

     319B.03 Authority of Minnesota firms to furnish 
  professional services; election by Minnesota firms to invoke the 
  act. 

    Subdivision 1.    Authority under this act and under other 
 law.  (a) A Minnesota firm that has in effect an election 
 under subdivision 2 may furnish professional services within 
 Minnesota as provided in sections 319B.01 to 319B.12.  A 
 Minnesota firm may furnish professional services within 
 Minnesota without making an election under subdivision 2 only if:

    (1) no Minnesota statute, Minnesota rule, or tenet of 
 Minnesota common law requires the Minnesota firm to make that 
 election in order to furnish professional services within 
 Minnesota; and 

    (2) no Minnesota statute, Minnesota rule, or tenet of 
 Minnesota common law precludes the Minnesota firm from 
 furnishing professional services within Minnesota in the absence 
 of that election. 

    (b) A Minnesota professional firm may provide professional 
 services and exercise the ancillary powers permitted under 
 section 319B.06, subdivision 1, paragraph (c), in another state 
 if:  

    (1) the Minnesota professional firm is authorized to 
 provide the services and exercise the powers within Minnesota; 

    (2) the Minnesota firm's organizational document does not 
 prohibit the Minnesota professional firm from providing the 
 services or exercising the powers in the other state; 

    (3) in the case of a Minnesota professional firm that is a 
 limited liability partnership, the partnership agreement does 
 not prohibit the Minnesota professional firm from providing the 
 services or exercising the powers in the other state; and 

    (4) the Minnesota professional firm complies with all 
 applicable laws of that other state regulating the furnishing of 
 professional services and exercising of ancillary powers in that 
 state. 

    Subd. 2.    Election to invoke this act.  To elect to 
 become a Minnesota professional firm and be authorized to 
 furnish professional services according to sections 319B.01 to 
 319B.12, a Minnesota firm must in its organizational document: 

    (1) state that the Minnesota firm elects to operate under 
 those sections; 

    (2) acknowledge that the Minnesota firm is subject to those 
 sections; and 

    (3) specify from the list stated in section 319B.02, 
 subdivision 19, the category or categories of professional 
 services the Minnesota firm is authorized to provide. 

    The statement, acknowledgment, and specification may be 
 made when a Minnesota firm initially files the organizational 
 document or may be added at a later time by updating that 
 document. 

    Subd. 3.    Rescission and amendment of election.  (a) A 
 Minnesota professional firm may rescind its election by updating 
 its organizational document to delete the statement, 
 acknowledgment, and specification required by subdivision 2. 

    (b) A Minnesota professional firm may update its 
 organizational document to change the specification required by 
 subdivision 2, clause (3). 

    Subd. 4.    Relationship of this act and generally 
 applicable governing law.  If a Minnesota firm has an election 
 under subdivision 2 in effect and the Minnesota firm's generally 
 applicable governing law conflicts with sections 319B.01 to 
 319B.12, sections 319B.01 to 319B.12 govern. 

    HIST: 1997 c 22 art 1 s 3