Franchise Law in Minnesota is governed by the Minnesota Franchise Act set out in Minnesota Statutes § 80C. A franchise is established when a franchisor (person selling or offering to sell a franchise) allows a franchisee (person given the rights to operate franchise) to operate a business using the franchisor’s trade name, logo, advertising, symbols,…
Minnesota has enacted modifications to its law relating to the issuance of permits to carry pistols in public (Minnesota Laws 2003, chapter 28 & Minnesota Laws 2005, chapter 83). As part of the new law, certain policies were adopted that regulate how a “private establishment” may notify permit holders that firearms are not allowed in a…
In order for a court to have authority over a potential defendant, the court must have personal jurisdiction, also known as in personam jurisdiction. What this means is that the court must be able to exercise its authority over that particular defendant. State courts always have personal jurisdiction over a person or entity that is…
For new businesses, the lease for commercial space is often essential to the success of the enterprise. Commercial leases are different than residential leases in that they involve much more negotiation and much less standardization. The commercial landlord will often present a form lease to a tenant, but a difficult negotiation often follows. Small businesses…
View more videos on franchising In this video, Minnesota franchise attorney Aaron Hall explains the factors that can indicate a successful franchise; one which you may want to buy into. When looking into buying a franchise, it is important to identify: What are the initial fees to buy into the franchise? What are the…
Terrorism is not treated lightly in the Minnesota criminal justice system. It has a broad definition in Minnesota, including both personal and public threats and acts. Personal threats of substantial bodily harm to another can be classified as terroristic threats in certain contexts. Threats with the intent of causing public disorder are certainly terroristic, and…
Introduction What are the advantages and disadvantages of a sole proprietorship, partnership, corporation, and LLC? This article explains. For partnerships, we distinguish a general partnership from a limited partnership. For corporations, we compare and contrast a C corporation from an S corporation. Sole Proprietorship A sole proprietorship may be one of the simplest ways to…
Introduction The Uniform Commercial Code is a long-term, joint project of the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), now known as the Uniform Law Commissioners. The code itself is merely a recommendation of laws that the states should adopt to achieve the goal of uniformity of…
I often get questions from Minnesota small business owners about their rights when dealing with other business owners. This article explains the basic rights of small business owners. This is part one of a series on the fiduciary duties that Minnesota business owners owe to each other and their business: Minnesota Business Owners Owe Fiduciary…
Need help? Contact a criminal defense attorney. CREDIT: This post is an excerpt from The House Research Department’s publication, Criminal Background Check Statutes, An Overview, updated and revised by legislative analyst Matt Gehring. Criminal Background Check Statutes: An Overview This publication describes the Minnesota Statutes that require or authorize government agencies, employers, and other entities…
Introduction Mergers and Acquisitions are complex transactions that relate to both business growth and legal rules. Mergers and acquisitions generally occur when two separate companies come together to become one. Mergers are considered different from acquisitions, but their differences are slight. An acquisition is when one company (the acquirer) takes over another company (the target),…
I. INTRODUCTION: Pay Your Bills! As a general rule, it is always a good idea to pay your bills. It is particularly important to pay your legal bills. And I’m not just saying that because I work in the legal field. While it is true that the costs of legal services can be quite high,…
Starting a gas station can be a wonderful idea. People who think they can run their own gas station should first consider their personality, skills and talents. Small business owners need to be patient, detail-oriented, self-motivated and disciplined. A gas station brings in large amounts of money and expends large amounts of money. Therefore, an…
By Michael P. Carlson I. Introduction If you have ever taken out a loan from a bank, received a mortgage, or have purchased a new car, you are most likely at least slightly aware of the law of liens. A lien is a creditor’s interest in property held by a debtor to ensure that the…
Confidentiality agreements function as a contract between two or more parties stipulating that certain sensitive information (for example, a company’s trade secrets) exchanged between them will not be discussed elsewhere. People are free to enter into contracts with one another on their own terms. Often, contracts specify what actions will be taken between parties. However,…
Obtaining financing is a crucial part of most companies’ growth and success, and many lenders advance money in hopes of it being repaid at a profit. Even with financing, however, businesses often fail, making it difficult for lenders to get their money back. Most creditors’ rights are contractual, but Minnesota law provides a few other…
When people draft contracts, the contract provisions are sometimes confusing, ambiguous, and vague. These ambiguous contract clauses often become an issue in a lawsuit. Have you ever wondered how Minnesota courts address ambiguous clauses (also called contract provisions) in a contract? Here is the answer from a recent Minnesota district court case: The primary goal…
Unlawful Removal of a Tenant – Locking a Tenant Out or Shutting Off Utilities Under Minnesota Statutes §§ 504B.225 and 609.606, a landlord, agent of a landlord, or person working under the control of the landlord cannot unlawfully remove or exclude a tenant. A landlord who is guilty of such an act is guilty of…
Is a Petty Misdemeanor a Crime? A petty misdemeanor is not considered a crime under Minnesota law. Minn Stat. §609.02. Are there legal ramifications for withholding a petty misdemeanor conviction when filling out a job application that asks if “you have ever been convicted of a crime”? A petty misdemeanor is not a crime under…
Need help? Contact a criminal defense attorney. Minnesota Statute § 609.595 governs the criminal punishments for property damage, specifically when an individual intentionally causes damage to the physical property of another without that person’s consent. The amount of punishment depends on the severity of the damage, and under Minnesota law, the severity of the damage…
Filing Requirements A corporation with an estimated tax of more than $500 must make quarterly payments based on its required annual payment. A corporation is not required to pay estimated taxes the first year it is subject to tax in Minnesota. Required annual payment. The required annual payment is the lesser of 100 percent of…
Every well-written lease between a landlord and tenant has covenants. Covenants are promises made by either the landlord or tenant, or sometimes both, to do or refrain from doing some specific act. One of the most obvious covenants is the tenant’s covenant to pay rent by a certain date on a regular basis. Some covenants…
This article summarizes Minnesota’s corporate farm law. This includes Minnesota’s corporate farm law’s purpose and history, allowable farm business structures and exceptions, and constitutional challenges to the law. What is Minnesota’s corporate farm law? In general, the law prohibits corporations, limited liability companies, pension or investment funds, trusts, and limited partnerships from farming, owning, or…
Where there is an identifiable owner of contaminated private property, remediation must be performed by a contractor and completed pursuant to Department of Health guidelines and any applicable guidelines addressing enforcement of public health laws, abatement of public health nuisances, and remedies available to owners or occupants of the property. Minn. Stat. § 152.0275, subd….
Records Required to be Filed and Kept Police officers who make arrests at “clandestine lab sites” must notify the local health department, the duty officer, and child protection of the arrest and the location of the site. If the site is contaminated with any manufacturing products or byproducts of methamphetamine production, it cannot be occupied…
If you are the victim of defamation, a cease and desist letter may be an option for you. Defamation (a.k.a. Defamation Per Se) Defamation, whether written (libel) or spoken (slander), is essentially a false statement that causes harm to someone’s reputation. Defamation of a public figure is a separate type of claim. The elements of…
Minnesota Human Rights Act (MHRA) (Minn. Stat. 363A.08). The MHRA applies to all employers of one or more employees. Under the Act, no employer, labor organization, or employment agency can unfairly deny employment, membership, or referral for employment. Under the Act, anyone who aids or abets a violation, obstructs compliance, or retaliates against a person…
Q: When a company sells and ships goods from outside Minnesota into Minnesota, does the seller collect the local sales tax from his own state, or the local Minnesota sales tax? A: The seller collects sales tax according to the local Minnesota sales tax when the seller is registered with the Minnesota Department of Revenue….
Minnesota Income Tax: Minnesota collects a state income tax at a maximum marginal tax rate of 7.85%, spread across three tax brackets. Like the Federal Income Tax, Minnesota’s income tax allows couples filing jointly to pay a lower overall rate on their combined income with wider tax brackets for joint filers. Minnesota’s maximum marginal income…
Ecommerce websites often sell generic versions of a manufacturer’s product. These might be replacement parts, compatible parts, or another product that works with the manufacturer’s brand name product. Obviously, manufacturers will make more money if consumers buy directly from the manufacturer rather than some online generic or compatible version. So manufacturers often threaten, through their…