The "Minnesota Business Filing Fraud Prevention Act" aims to establish a robust framework for addressing fraudulent business filings in Minnesota. It introduces new definitions and procedures for complainants to report wrongful filings, which may involve unauthorized changes to business records intended to mislead. The bill mandates the Office of the Secretary of State to notify both the complainant and the filer upon receiving a declaration of fraud, and it sets specific timelines for responses. If a filing is confirmed as fraudulent, it will be nullified, and the office is empowered to take further actions to prevent additional unauthorized filings. Furthermore, the bill regulates deceptive business mailings, requiring that such solicitations clearly identify themselves as advertisements, with violations classified as misdemeanors.
In addition to these provisions, the bill amends Minnesota Statutes to enhance the regulation of business fraud investigations. A new subdivision is added to section 13.485, clarifying that government data related to investigations under sections 300.70 to 300.78 will be governed by section 300.78. The bill also modifies section 609.48 concerning perjury, specifying that making a false material statement in writings related to the aforementioned sections constitutes perjury, thereby broadening the scope of actions that can lead to perjury charges in business fraud contexts. The Secretary of State is authorized to adopt rules for the act's implementation, and funding is allocated for its administration, with the act set to take effect for filings made on or after January 1, 2026.
Statutes affected: Introduction: 13.485, 609.48