A Written Action of Members allows LLC owners to formally approve a decision without holding a meeting. Instead of meeting in person, a quorum of LLC members can sign a Written Action, which takes the …
READ MORE →An organizer is the person who signs and files the articles of organization with the Minnesota Secretary of State, forming the company. One or more persons may act as organizers, and the organizer may …
READ MORE →In Minnesota, subject to the exclusions stated later in the same subdivision, a telecommunications carrier is “a person, firm, association, or corporation authorized to furnish” to the public …
READ MORE →The following is a guest article from CJ DuBe’ of Achieve Traction. CJ will be speaking at our Minnesota CEO & Business Owner Conference on October 8. The Entrepreneurial Operating System (EOS) is a …
READ MORE →According to a Litigation Release from late 2014, the SEC filed an emergency action alleging that Levi Lindemann–alleged to be a resident of West Lakeland Minnesota–operated a fraudulent scheme …
READ MORE →In Minnesota, when someone is found to be negligent it means that they were not acting reasonably. The standard is what a reasonable person would have done in a similar situation. To prove a …
READ MORE →Minnesota’s wiretapping statute, Section 626A.02, is almost identical to the federal wiretapping statute, 18 U.S.C. Section 2511(1). In general, Minnesota’s statute states that it is legal for a …
READ MORE →Types of trademarks fall into one of five categories based on their distinctiveness. The categories are also known as the “Abercrombie Classification” from the seminal case Abercrombie & Fitch Co. v. …
READ MORE →In a municipality, the governing body may choose to issue a conditional use permit for certain types of developments. Minn. Stat. § 462.3595. Getting such a permit allows for a use to be specifically …
READ MORE →In Langford Tool & Drill vs. The 401 Group, LLC, an unpublished decision, the Minnesota Court of Appeals reiterated the necessity to honor corporate formalities so one does not trigger personal …
READ MORE →In this video, you get answers to these questions: What is a phantom stock plan? Why would people want to use a phantom stock plan? What are some problems with using a phantom stock plan? Introduction …
READ MORE →Trademark registration requires you to show the actual use of your trademark within the context of your offerings to the public. These examples are called specimens. Specimens show how you actually …
READ MORE →Sometimes after a purchase agreement is signed, one of the parties elects to cancel the agreement or is forced to cancel the agreement due to the breach of the other party. There a few ways in …
READ MORE →If you own or manage a Minnesota LLC, the duties you may owe the company and your fellow owners come primarily from chapter 322C and from the terms of your operating agreement (Minn. Stat. §§ …
READ MORE →A common question I have been getting lately goes something like this: “I think I have a claim against my neighbor/friend/family member/ex-boyfriend/ex-girlfriend. I found this statute, 609.749, that …
READ MORE →On January 1, 2018, Minnesota’s new Revised Uniform Limited Liability Act will take effect. It is the most considerable change to happen to LLCs since they were first allowed. Overall, Minnesota’s new …
READ MORE →Winning a court case and being awarded damages against a party does not necessarily mean that the court battle is over. Unless the losing party is willing to pay you on the judgment, you will have the …
READ MORE →Back in the early 2000s, the Minnesota legislature revised Minn. Stat. § 514.02 to assist subcontractors in receiving payment for labor and materials used on a construction project through a civil …
READ MORE →If one were to peruse a number of contracts, he or she should not be surprised to find that a majority of the contracts would have what is called a “liquidated damages clause.” They usually look …
READ MORE →A person’s home is his or her castle. It should be a place of calm, comfort, and sanctuary. Unless you live out in the country on lots of land, you will be in close proximity to other people’s homes …
READ MORE →Lawmakers have recognized that defamation lawsuits (e.g. claims libel or slander) are sometimes used as tools to harass and intimidate citizens who appeal to their government for assistance. Hence, …
READ MORE →A cooperative association, also known as a co-op, is a type of business that can be incorporated in Minnesota under the Minnesota Cooperative Law (prior to 2003) or the Minnesota Cooperative …
READ MORE →Common disputes between Minnesota real estate brokers and their agents include unauthorized practice of law, fraud, broker misconduct, negligence, misrepresentation or failure to disclose material …
READ MORE →At some point, it will be time for a business owner to determine a company’s future without the owner’s involvement. There are eight common ways for business owners to leave their companies. A …
READ MORE →While a family cabin is often filled with happy memories, conflict can arise when the cabin’s owner dies. Now comes the time to plan future ownership and responsibilities. If the cabin has been gifted …
READ MORE →This published court of appeals case, decided in August 2014, dealt with an alleged fraudulent sale of shares in violation of what was then Minnesota’s Uniform Fraudulent Transfer Act, Minn. Stat. §§ …
READ MORE →Minn. Stat. § 268.085, subd. 1(7), conditions eligibility for a week on participating in reemployment assistance services when the commissioner has directed you to participate, and the clause “does …
READ MORE →In the recent real estate collapse, many homeowners entered into contracts with companies, called “equity purchasers,” who told them they could save their home from foreclosure. In these types of …
READ MORE →Although the Nygaard v. Nygaard case is an unpublished one, it presents an interesting issue of usurping corporate opportunities between a husband and wife that co-owned a business. In this case, …
READ MORE →Sometimes the shareholders of a corporation decide that it is time to close the business. There are multiple tasks and documents to be filed to voluntarily dissolve a Minnesota corporation. Below is a …
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