Overview This story illustrates how two entrepreneurs can accidentally find themselves in a partnership. A partnership doesn’t need to be registered with the state. A partnership can begin whenever …
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If you are an officer or director accused of making a bad decision, the “business judgment rule” is an important defense to understand. Directors and Officers Owe a Duty of Care In general, directors …
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Every Minnesota business needs to have an address on record with the Secretary of State. This is called the registered office. Instead of providing a physical address, you can use a registered …
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August 2009 A surveyor colleague of mine came back from a continuing education class a while ago and said that the lawyer instructor wished out loud that the Torrens system would go away. The lawyer, …
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Among real estate agents and brokers, some types of referral fees, commissions, and fee sharing are permitted. However, other types of fee sharing are prohibited by Minnesota real estate statutes and …
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When you name your LLC or corporation, you need to decide which entity designation to include at the end. For example, “Angie’s Plumbing” might become “Angie’s Plumbing LLC” to indicate Angie’s …
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What is a private attorney general statute? A “private attorney general” statute authorizes a court to award attorney’s fees to a party that hires a private attorney to address an injustice that harms …
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If you’re running EOS® (the Entrepreneur’s Operating System) in your business, you have experienced firsthand how beneficial it can be to your company’s growth. Like all learning tools and systems, to …
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Guide for Charity Board Members This Guide is provided by the Minnesota Attorney General’s Office to assist board members with the important responsibilities they assume when elected to a nonprofit …
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Minnesota nonprofit organizations are governed by the Minnesota Nonprofit Corporation Act, Minn. Stat. ch. 317A. A nonprofit corporation’s purpose and activities must serve the organization’s mission …
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As a business attorney in Minneapolis, I regularly meet clients at locations throughout the Twin Cities. Over the years, I’ve compiled this directory of free and affordable meeting spaces for …
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Are Online “Click to Accept” Agreements Valid? This is an archived copy of an article that originally appeared in Communications Lawyer, published by the ABA in January, 2015. From the Chair: “Click …
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Introduction Social clubs are exempt from federal income tax under IRC 501(a) as organizations described in IRC 501(c)(7) if they are “organized for pleasure, recreation, and other nonprofitable …
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The following are terms and definitions for conservatorship, guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a …
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Video: Learn About Receipt and Release Forms In this video, you get answers to these questions: What is a receipt and release form? Who is a trustee? What if a receipt and release was not signed? …
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This article is for people wondering whether to select “S Corporation” or “Personal Service Corporation” when applying for an EIN on the IRS.gov website. Let’s assume you are in the process of setting …
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Negligent misrepresentation involves making false statements without the intention to deceive, often due to a lack of reasonable care. Plaintiffs must establish that the defendant breached a duty of …
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This article answers questions about how federal employment discrimination law applies to religious dress and grooming practices, and what steps employers can take to meet their legal responsibilities …
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Yes, “indemnify” generally means the same as “hold harmless.” When considering whether “indemnify” is synonymous with “hold harmless” in a Minnesota statute, the Minnesota Court of Appeals held that …
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Are Employees Liable to Their Employers for Negligence? In general, an employee cannot be liable to an employer for the employee’s negligence. Can a Minnesota Employer Sue an Employee for Damages …
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What is Quantum Meruit? Translated, quantum meruit means “as much as he merited” or “as much as he/she deserved.” In law, quantum meruit is a doctrine that allows someone to recover the value of …
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What is Quantum Valebant? Quantum valebant is exactly like quantum meruit, but with one important distinction: quantum meruit applies to the value services, while quantum valebant applies to the value …
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Introduction What is the difference between an agreement implied in fact and an agreement implied in law? A contract implied in fact is where there is no express contract, but the conduct of the …
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Members of Minnesota nonprofit organizations have a variety of legal rights established in the Minnesota Statutes. These rights are especially important when the members have a dispute with their …
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An uncovered asset is simply property or something else of value that has been revealed to exist. Uncovered means found or discovered. Assets are generally anything of value including money personal …
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Recording a Deed is Not Necessary to Avoid Probate Transferring real estate into a trust will generally avoid probate, even if the real estate deed was never recorded. In general, a deed does not need …
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Business owners who bought into a franchise often wonder, “Can I sell my business?” In short, yes, you can. The Minnesota Franchise Act specifically entitles you to sell your business. This cannot be …
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Those who are managing the estate of a loved one who has passed may want to avoid probate while still withdrawing funds in a small bank account. I often get asked about this. The question goes …
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The rights of beneficiaries of a Minnesota trust are primarily based on Minnesota Statutes and the trust document. When a trust document and/or statute imposes a duty on the trustee, for the benefit …
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This article is a section taken from Manual Letter #16.1, a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Manual Letter #16.1 Welcome to the …
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