1.1.................... moves to amend S.F. No. 2629, the first engrossment, as follows:
1.2Page 1, after line 5, insert:
1.3 "Section 1. Minnesota Statutes 2008, section 318.02, subdivision 1, is amended to read:
1.4 Subdivision 1.
Definition. The term "declaration of trust" as used in this section
1.5means the declaration of trust, business trust instrument, trust indenture, contract of
1.6custodianship, or other instrument pursuant to which such association is organized. Every
1.7such association organized after April 20, 1961, for the purpose of transacting business
1.8in this state shall, prior to transacting any business in this state, file in the Office of the
1.9Secretary of State a true and correct copy of the "declaration of trust" under which the
1.10association proposes to conduct its business. The copy shall also contain a statement that
1.11the true and correct copy of the "declaration of trust" is being filed in the Office of the
1.12Secretary of State of the state of Minnesota pursuant to this chapter and shall also include
1.13the full name and street address of an agent of the business trust in this state. That agent
1.14shall be the agent for service of process which shall be made pursuant to the provisions
1.15of section
543.08. The "declaration of trust" may provide that the duration of such
1.16association shall be perpetual. Upon the filing of the copy of the "declaration of trust
,"
and
1.17the payment of a filing fee of $150 to the secretary of state, the secretary of state shall issue
1.18to such association, or to the trustees named in the said "declaration of trust," or to the
1.19persons or parties to the "declaration of trust," a certificate showing that such "declaration
1.20of trust" has been duly filed; whereupon, such association in its name shall be authorized
1.21to transact business in this state; provided that all other applicable laws have been
1.22complied with. The "declaration of trust" may be amended as provided in the "declaration
1.23of trust" or in any amendments thereto but a true and correct copy of all amendments to the
1.24"declaration of trust," shall be filed in the Office of the Secretary of State
upon the payment
1.25of a filing fee of $50 to the secretary of state and all amendments shall become effective at
1.26the time of said filing. When such copy of the "declaration of trust" and any amendments
2.1thereto shall have been filed in the Office of the Secretary of State it shall constitute public
2.2notice as to the purposes and manner of the business to be engaged in by such association.
2.3 Sec. 2. Minnesota Statutes 2008, section 557.01, is amended to read:
2.4557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.
2.5Any nonresident person or corporation owning or claiming any interest or lien in
2.6or upon lands in the state may file with the secretary of state a writing, executed and
2.7acknowledged in the manner of a conveyance, appointing a resident agent, whose place
2.8of residence shall be stated, to accept service of process or summons in any action or
2.9proceeding in the courts of the state concerning such interest or lien, except actions or
2.10proceedings for the collection of taxes, and consenting that service of such process or
2.11summons upon such agent shall be binding upon the person executing the same. Such
2.12writing shall be recorded by the secretary. No service by publication of summons shall
2.13be made upon any such nonresident who has complied with the provisions hereof, but in
2.14all such cases service of such process or summons, or of any writ or notice in the action
2.15or proceedings, shall be made upon such agent in the manner provided by law for such
2.16service upon residents of the state, and have the same effect as personal service within
2.17the state upon such owner or claimant; but, if such party appears by attorneys therein, the
2.18service of papers shall thereafter be upon such attorney. The authority of such agent
2.19may be revoked by writing similarly executed and acknowledged and recorded, but no
2.20revocation shall affect any action or proceeding then pending.
For filing and recording
2.21such papers the secretary shall be entitled to 15 cents for each folio The fee for each filing
2.22made under this section is $50."
2.23Amend the title as follows:
2.24Page 1, line 2, delete "elections;" insert "
operations of the secretary of state;
2.25regulating filings with the secretary of state;"
2.26Renumber the sections in sequence and correct the internal references
2.27Amend the title accordingly