Bill Text: MN SF931 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Commercial business assumed name certificates Web site publication requirement
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2013-02-28 - Referred to Judiciary [SF931 Detail]
Download: Minnesota-2013-SF931-Introduced.html
1.2relating to assumed names; modifying publication requirements;amending
1.3Minnesota Statutes 2012, sections 333.01, subdivision 1; 333.04.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 333.01, subdivision 1, is amended to read:
1.6 Subdivision 1. Certificate. No person shall hereafter carry on or conduct or transact
1.7a commercial business in this state under any designation, name, or style, which does not
1.8set forth the true name of every person interested in such business unless such person shall
1.9file in the Office of the Secretary of State, a certificate setting forth the name and business
1.10address under which the business is conducted or transacted, or is to be conducted or
1.11transacted, and the true name of each person conducting or transacting the same, with the
1.12address of such person. The name of the business must not include any of the following
1.13phrases or their abbreviations: corporation, incorporated, limited, chartered, professional
1.14association, cooperative, limited partnership, limited liability company, professional
1.15limited liability company, limited liability partnership, or professional limited liability
1.16partnership, except to the extent that an entity filing a certificate would be authorized to
1.17use the phrase or abbreviation. The certificate shall be executed by one of the persons
1.18conducting, or intending to conduct, the business.The certificate shall be published after it
1.19has been filed with the secretary of state in a qualified newspaper in the county in which
1.20the person has a principal or registered office for two successive issues.
1.21 Sec. 2. Minnesota Statutes 2012, section 333.04, is amended to read:
1.22333.04 SECRETARY OF STATE; DUTIES, FEES.
2.1The secretary of state shall keep an alphabetical list of assumed names filed
2.2pursuant to section333.01 after August 1, 1978, together with trademarks, service marks,
2.3certification marks or collective marks filed with the secretary of state and issued pursuant
2.4to sections333.20 and
333.21 , and for the indexing and filing of the certificates shall
2.5charge the applicant a fee prescribed by section333.055 . A copy of such certificate, duly
2.6certified to by the secretary of state, shall be presumptive evidence in all courts of law in
2.7this state of the facts therein contained. The secretary of state shall make the assumed
2.8name certificates available on an individual inquiry basis on the secretary of state Web site.
1.3Minnesota Statutes 2012, sections 333.01, subdivision 1; 333.04.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 333.01, subdivision 1, is amended to read:
1.6 Subdivision 1. Certificate. No person shall hereafter carry on or conduct or transact
1.7a commercial business in this state under any designation, name, or style, which does not
1.8set forth the true name of every person interested in such business unless such person shall
1.9file in the Office of the Secretary of State, a certificate setting forth the name and business
1.10address under which the business is conducted or transacted, or is to be conducted or
1.11transacted, and the true name of each person conducting or transacting the same, with the
1.12address of such person. The name of the business must not include any of the following
1.13phrases or their abbreviations: corporation, incorporated, limited, chartered, professional
1.14association, cooperative, limited partnership, limited liability company, professional
1.15limited liability company, limited liability partnership, or professional limited liability
1.16partnership, except to the extent that an entity filing a certificate would be authorized to
1.17use the phrase or abbreviation. The certificate shall be executed by one of the persons
1.18conducting, or intending to conduct, the business.
1.19
1.20
1.21 Sec. 2. Minnesota Statutes 2012, section 333.04, is amended to read:
1.22333.04 SECRETARY OF STATE; DUTIES, FEES.
2.1The secretary of state shall keep an alphabetical list of assumed names filed
2.2pursuant to section
2.3certification marks or collective marks filed with the secretary of state and issued pursuant
2.4to sections
2.5charge the applicant a fee prescribed by section
2.6certified to by the secretary of state, shall be presumptive evidence in all courts of law in
2.7this state of the facts therein contained. The secretary of state shall make the assumed
2.8name certificates available on an individual inquiry basis on the secretary of state Web site.
