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MN HF3400

Bill

Status

Passed

6/2/2022

Primary Sponsor

Athena Hollins

Click for details

Origin

House of Representatives

92nd Legislature 2021-2022

AI Summary

  • Allows filing office to file termination statements for fraudulent financing statements when a debtor submits a notarized affidavit claiming the filing was unauthorized and made with intent to harass or defraud.

  • Termination statement becomes effective 20 days after filing, with the filing office required to notify the secured party by certified mail and email within two business days.

  • Grants secured parties the right to request expedited administrative review before termination takes effect or to commence a court action for reinstatement within six months, with proceedings handled on an expedited basis.

  • If court determines the financing statement was authorized and properly filed, the statement is reinstated and deemed never terminated; if fraudulent, the filing office and debtor may recover costs and reasonable attorney fees from the secured party.

  • Authorizes filing office to refuse initial financing statements or amendments if it reasonably believes the record was communicated with intent to harass, defraud, or for unlawful purposes, without duty to investigate or return images of rejected filings.

Legislative Description

Fraudulent business filings regulation provided.

Last Action

Secretary of State Chapter 96

6/2/2022

Committee Referrals

Rules and Administration5/19/2022
Commerce Finance & Policy2/14/2022

Full Bill Text

No bill text available