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Section 5.001 — Definitions.

5.001 DEFINITIONS. Subdivision 1. Applicability. As used in this chapter, the terms defined in this section have the meanings given them. Subd. 1a. Attempt to provide notice. “Attempt to provide notice,” “attempting to provide notice,” or “attempted to provide notice” as used in sections 303.17, subdivisions 2, 3, and 4; 321.0809; 321.0906; and 323A.1004, means […]

Section 5.002 — Email Addresses.

5.002 EMAIL ADDRESSES. (a) The secretary of state is authorized to provide a field on each of the forms and on each online entry screen, used to file business entity filings, Uniform Commercial Code records, and central notification system filings, for the collection of an email address to which the secretary of state can forward […]

Section 5.01 — Custodian Of Records And State Seal.

5.01 CUSTODIAN OF RECORDS AND STATE SEAL. The secretary of state shall be the custodian of the state seal and of all records and documents of the state not expressly required by law to be kept by other state officials. History: (59) RL s 30

Section 5.02 — Assistants.

5.02 ASSISTANTS. The secretary of state shall appoint an assistant secretary of state, who shall perform all the duties of the office when the secretary is absent or disabled. The secretary may also employ a chief clerk, a recording clerk, and a stenographer, who, besides the duties indicated by their titles, shall perform such services […]

Section 5.05 — Duties Of Secretary.

5.05 DUTIES OF SECRETARY. The secretary of state shall attend at the beginning of each legislative session, to call the members of the house of representatives to order and to preside until a speaker is elected. History: (63) RL s 32; 1961 c 561 s 1

Section 5.06 — Amendment To United States Constitution; Ratification, Notice.

5.06 AMENDMENT TO UNITED STATES CONSTITUTION; RATIFICATION, NOTICE. When the legislature shall ratify any amendment to the Constitution of the United States which shall be proposed by Congress, as provided by the Constitution of the United States, it shall be the duty of the secretary of state forthwith to transmit to the administrator of general […]

Section 5.07 — Oaths, Acknowledgments.

5.07 OATHS, ACKNOWLEDGMENTS. The secretary of state shall have power to administer oaths and take acknowledgments and to certify the same, appending the great seal of the state as the seal of office. History: (64-1) 1927 c 60 s 1; 1986 c 444

Section 5.071 — Secretary Of State’s Duties.

5.071 SECRETARY OF STATE’S DUTIES. The secretary of state shall secure, file, and retain custodial control over a description, photograph, and reproduction proof of the impression of the seal for viewing by the public. The secretary shall also secure and file all historical information pertaining to the reproduction and use of the seal. The Department […]

Section 5.08 — Legislative Manual.

5.08 LEGISLATIVE MANUAL. Subdivision 1. Preparation. The secretary of state shall prepare, compile, edit, and distribute for use at each regular legislative session, a convenient manual, properly indexed, and containing: The federal and state constitutions; the acts of Congress relating to the organization of the territory and state; the rules of order and joint rules […]

Section 5.09 — Legislative Manual, Students’ Edition.

5.09 LEGISLATIVE MANUAL, STUDENTS’ EDITION. The secretary of state may prepare, compile, edit, and distribute a brief edition of the legislative manual, as provided in section 5.08, suitable for school pupils. History: 1959 c 415 s 1; 1977 c 455 s 68; 1992 c 513 art 3 s 18

Section 5.12 — Certificates And Certifications.

5.12 CERTIFICATES AND CERTIFICATIONS. Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each certificate or certification of a copy or electronically transmitted image of any document filed in the Office of the Secretary of State. The secretary of state shall charge a fee of $3 for a copy or […]

Section 5.14 — Transaction Surcharge.

5.14 TRANSACTION SURCHARGE. The secretary of state may impose a surcharge of $20 on each transaction involving expedited service that is provided by the Office of the Secretary of State. History: 1987 c 404 s 68; 1992 c 513 art 3 s 19; 1995 c 224 s 48; 2000 c 395 s 2

Section 5.16 — Correction Of Documents.

5.16 CORRECTION OF DOCUMENTS. Subdivision 1. Procedure to correct inaccurate or defective instruments. Whenever an 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, […]

Section 5.17 — Substantial Compliance.

5.17 SUBSTANTIAL COMPLIANCE. The secretary of state may accept a filing if the information on the filing is in substantial compliance with the applicable law, even if information on the filing is not identical to equivalent information in the records of the secretary of state. History: 1989 c 236 s 1

Section 5.19 — Return Of Documents.

5.19 RETURN OF DOCUMENTS. Whenever the secretary of state is required to return a document filed with or submitted to the Office of the Secretary of State, that obligation is satisfied if: (1) the secretary of state provides an image of the document to the person to whom the document is to be returned by […]

Section 5.23 — Removal Of Documents From Public Record.

5.23 REMOVAL OF DOCUMENTS FROM PUBLIC RECORD. Subdivision 1. Failure to pay filing fee. If a person files an instrument authorized to be filed with the secretary of state with a payment order or item that is rejected or dishonored, the secretary of state is authorized to refuse the filing of further instruments submitted by […]

Section 5.24 — Supplemental Filing And Information Services.

5.24 SUPPLEMENTAL FILING AND INFORMATION SERVICES. (a) The secretary of state may offer services to the public that supplement filing and information services already authorized by law. The secretary of state may discontinue the supplemental services at any time. The services must be designed to provide the public with a benefit by improving the manner […]

Section 5.25 — Service Of Process.

5.25 SERVICE OF PROCESS. Subdivision 1. Who may be served. A process, notice, or demand required or permitted by law to be served upon an entity governed by chapter 221, 302A, 303, 317A, 321, 322C, 323A, 330, 540, or 543 may be served on: (1) the registered agent, if any; (2) if no agent has […]

Section 5.26 — Good Standing.

5.26 GOOD STANDING. Subdivision 1. Definition. “Good standing” means that a business entity or other filer of an assumed name or trademark filing has complied with all of the filing and registration requirements with the Office of the Secretary of State described in the entity’s governing chapter. A business entity or other filer of an […]