1.1.................... moves to amend H.F. No. 2942 as follows:
1.2Page 23, after line 28, insert:
1.3 "Sec. 24. Minnesota Statutes 2008, section 82.17, is amended by adding a subdivision
1.4to read:
1.5 Subd. 20a. Responsible person. "Responsible person" means a natural person that
1.6is an officer of a corporation, a partner of a partnership, a general partner of a limited
1.7liability partnership, or a manager of a limited liability company."
1.8Page 28, line 26, delete everything after "
duties" and insert "
involve real estate
1.9law or real estate transactions"
1.10Page 30, delete section 32 and insert:
1.11 "Sec. 33. Minnesota Statutes 2009 Supplement, section 82.31, subdivision 4, is
1.12amended to read:
1.13 Subd. 4.
Corporate and partnership Business entity; brokerage licenses.
1.14(a) A
corporation business entity applying for a license shall have at least one
officer
1.15responsible person individually licensed to act as broker for the
corporation brokerage.
1.16The
corporation business entity broker's license shall extend no authority to act as broker
1.17to any person other than the
corporate business entity. Each
officer responsible person
1.18who intends to act as a broker shall obtain a license.
1.19(b) A
partnership business entity applying for a license shall have at least one
partner
1.20responsible person individually licensed to act as broker for the
partnership business entity.
1.21Each
partner responsible person who intends to act as a broker shall obtain a license.
1.22(c)
Applications An application for a
business entity license
made by a corporation
1.23shall be verified by the president and one other officer. Applications made by a partnership
1.24shall be verified by at least two
partners responsible persons for the business entity.
1.25(d)
Any partner or officer A responsible person who ceases to act as broker for
1.26a
partnership or corporation business entity shall notify the commissioner upon said
2.1termination. The individual licenses of all salespersons acting on behalf of a
corporation
2.2or partnership, brokerage are automatically ineffective upon the revocation or suspension
2.3of the license of the
partnership or corporation brokerage. The commissioner may suspend
2.4or revoke the license of
an officer or partner a responsible person licensee without
2.5suspending or revoking the license of the
corporation or partnership business entity.
2.6(e) The application of all
officers responsible persons of a
corporation or partners
2.7in a partnership business entity who intend to act as
a broker brokers on behalf of a
2.8corporation or partnership business entity shall accompany the initial license application
2.9of the
corporation or partnership business entity.
Officers or partners Responsible persons
2.10intending to act as brokers subsequent to the licensing of the
corporation or partnership
2.11business entity shall procure an individual real estate broker's license prior to acting in the
2.12capacity of a broker. No
corporate officer, or partner, responsible person who maintains a
2.13salesperson's license may exercise any authority over any trust account administered by
2.14the broker nor may they be vested with any supervisory authority over the broker.
2.15(f) The
corporation or partnership business entity applicant shall make available
2.16upon request, such records and data required by the commissioner for enforcement
2.17of this chapter.
2.18(g) The commissioner may require further information, as the commissioner deems
2.19appropriate, to administer the provisions and further the purposes of this chapter."
2.20Page 36, line 7, delete "
principal" and insert "
responsible person"
2.21Renumber the sections in sequence and correct the internal references
2.22Amend the title accordingly