reglab/housing_qa huggingface dataset:
MN Stat § 80C.19 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80C — Franchises|Section 80C.19 — Scope Of Sections 80c.01 To 80c.22.

80C.19 SCOPE OF SECTIONS 80C.01 TO 80C.22. Subdivision 1. Applicable sales and offers to sell or purchase. The provisions of sections 80C.01 to 80C.22 concerning sales and offers to sell shall apply when a sale or offer to sell is made in this state; when an offer to purchase is made and accepted in this state; or when the franchise is to be located in this state. Subd. 2. Offer to sell or purchase made in state. For the purpose of sections 80C.01 to 80C.22, an offer to sell or to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state. Subd. 3. Offer to purchase or sell accepted in state. For the purpose of this section, an offer to purchase or to sell is accepted in this state when acceptance is communicated to the offeror in this state, and has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received by the offeror in this state. Subd. 4. Offer to sell or purchase not made in state. An offer to sell or to purchase is not made in this state when the publisher circulates or there is circulated in the publisher's behalf in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or when a radio or television program originating outside this state is received in this state. History:  1973 c 612 s 19; 1981 c 165 s 8; 1986 c 444
MN Stat § 80C.20 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80C — Franchises|Section 80C.20 — Service Of Process.

80C.20 SERVICE OF PROCESS. Every applicant for registration under sections 80C.01 to 80C.22 and every franchisor on whose behalf an application for registration is filed, except applicants and franchisors which are Minnesota corporations, shall file with the commissioner, in such form as the commissioner may prescribe, an irrevocable consent appointing the commissioner and successors in office to be the applicant's or franchisor's attorney to receive service of any lawful process in any civil action against the applicant or franchisor or a successor, executor or administrator, which arises under sections 80C.01 to 80C.22 or any rule or order thereunder after the consent has been filed, with the same force and validity as if served personally on the applicant or franchisor or a successor, executor or administrator. Service under this section shall be made in compliance with section 45.028, subdivision 2. When any person, including any nonresident of this state and any foreign corporation, engages in conduct prohibited or made actionable by sections 80C.01 to 80C.22, whether or not the person has filed a consent to service of process, and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to appointment of the commissioner and successors in office to be the person's agent to receive service of any lawful process in any suit against the person or a successor, executor or administrator which grows out of that conduct and which is brought under sections 80C.01 to 80C.22, with the same force and validity as if served personally. Service under this section shall be made in compliance with section 45.028, subdivision 2. History:  1973 c 612 s 20; 1986 c 444; 1992 c 564 art 2 s 12
MN Stat § 80C.21 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80C — Franchises|Section 80C.21 — Waivers Void.

80C.21 WAIVERS VOID. Any condition, stipulation or provision, including any choice of law provision, purporting to bind any person who, at the time of acquiring a franchise is a resident of this state, or, in the case of a partnership or corporation, organized or incorporated under the laws of this state, or purporting to bind a person acquiring any franchise to be operated in this state to waive compliance or which has the effect of waiving compliance with any provision of sections 80C.01 to 80C.22 or any rule or order thereunder is void. History:  1973 c 612 s 21; 1989 c 198 s 2
MN Stat § 80C.22 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80C — Franchises|Section 80C.22 — Commissioner's Duties.

80C.22 COMMISSIONER'S DUTIES. Subdivision 1. General administration. Sections 80C.01 to 80C.22 shall be administered by the commissioner of commerce. Subd. 2. Confidences and privileges. It is unlawful for the commissioner or any of the commissioner's officers or employees to use for personal benefit any information which is filed with or obtained by the commissioner and which is not generally available to the public. Nothing in sections 80C.01 to 80C.22 authorizes the commissioner or any of the commissioner's officers or employees to disclose any confidential information except among themselves or to other administrators or regulatory authorities, or when necessary or appropriate in a proceeding or investigation under sections 80C.01 to 80C.22. No provision of sections 80C.01 to 80C.22 either creates any privilege or derogates from any privilege which exists at common law or otherwise, when documentary or other evidence is sought under a subpoena directed to the commissioner or any of the commissioner's officers or employees. Subd. 3. Public inspection and dissemination of filed documents. All applications, notices, reports and other documents filed with the commissioner under sections 80C.01 to 80C.22 shall be open to public inspection in accordance with rules prescribed by the commissioner. The commissioner may publish information filed with, or obtained by, the commissioner, if, in the judgment of the commissioner, such action is in the public interest. Subd. 4. When document filed. A document is filed when it is received by the commissioner. Subd. 5. Register of filings. The commissioner shall keep a register of all filings which are or have ever been effective under sections 80C.01 to 80C.22 and all denial, suspension, revocation and other orders which have been entered under sections 80C.01 to 80C.22. The register shall be open for public inspection. Subd. 6. Copies of filings. The commissioner upon request shall furnish to any person at a reasonable charge photostatic or other copies, certified under seal of office if certification is requested, of any entry in the register or any order or other document on file in the commissioner's office. Any copy so certified is admissible in evidence under section 600.13. Subd. 7. Service of orders and subpoenas. Orders of the commissioner shall be served by mailing a copy thereof by mail to the most recent address of the recipient of the order as it appears in the files of the commissioner. Subpoenas shall be served in the same manner as provided in civil actions in the district courts. History:  1973 c 612 s 22; 1980 c 516 s 2; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 444; 1993 c 372 s 3
MN Stat § 80D.01 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.01 — Short Title.

80D.01 SHORT TITLE. Sections 80D.01 to 80D.16 may be cited as the "Continuing Care Facility Disclosure and Rehabilitation Act." History:  1980 c 516 s 3; 1981 c 135 s 1
MN Stat § 80D.02 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.02 — Definitions.

80D.02 DEFINITIONS. Subdivision 1. Scope. As used in sections 80D.01 to 80D.16, the terms defined in this section have the meanings given them. Subd. 2. Continuing care. "Continuing care" means the furnishing to an individual, other than an individual related by blood or marriage to the person furnishing the care, of board, lodging, and nursing service, medical service or other health-related service, regardless of whether or not the lodging and service are provided at the same location, pursuant to a written agreement effective for the life of the individual or for a period in excess of one year, which is conditioned upon the payment of an entrance fee in excess of $100 and the payment of regular periodic charges for the care provided. Subd. 2a. Life care. "Life care" means "continuing care" as defined in subdivision 2. Subd. 3.  [Repealed, 1981 c 135 s 14] Subd. 4. Entrance fee. "Entrance fee" means the total of any initial or deferred transfer to or for the benefit of a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance or maintenance of a specified individual as a resident in a facility. Subd. 5. Facility. "Facility" means the place in which a person undertakes to provide continuing care to an individual. Subd. 6. Living unit. "Living unit" means a room, apartment, cottage or other area within a facility set aside for the exclusive use or control of one or more identified individuals. Subd. 7. Provider. "Provider" means a person undertaking to provide continuing care in a facility. Subd. 8. Resident. "Resident" means an individual entitled to receive continuing care in a facility. Subd. 9. Minimum deposit. "Minimum deposit" means a deposit equal to or greater than five percent of the entrance fee. Subd. 10. Person. "Person" means any individual, corporation, business trust, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest or any legal or commercial entity. Subd. 11. Affiliate of another person. "Affiliate of another person" means any person directly or indirectly controlling, controlled by or under common control with such other person. Subd. 12. Offer. "Offer" includes every inducement, solicitation or attempt to encourage a person to enter into a subscription or residency agreement. History:  1980 c 516 s 2,4; 1981 c 135 s 2,3
MN Stat § 80D.03 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.03 — Contract Regulation.

80D.03 CONTRACT REGULATION. Subdivision 1. Required filings. A provider shall not enter into a contract that requires or permits the payment of an entrance fee in consideration for a promise to provide continuing care in the facility, if the facility is or will be located in this state, or if the provider or a person acting on the provider's behalf solicits the contract within this state and the person to be provided with continuing care under the contract resides within this state at the time of the solicitation, unless the provider has filed in the office of the county recorder of the county in which the facility is or will be located, a current disclosure statement which meets the requirements of section 80D.04, a verified statement of the escrow agent to the effect that the escrow required by section 80D.05 or 80D.06 has been established, and a filing fee in the amount of $100 has been paid. Subd. 2. Acts constituting solicitation in state. A contract to provide continuing care is solicited in this state if, during the 12-month period preceding the date the contract is signed or accepted by either party, information concerning the facility or availability of the contract is given: (a) by personal, telephone or mail contact or other communication directed to and received by a person at a location in this state; or (b) in a paid advertisement published or broadcast from within this state other than in a periodical more than two-thirds of the circulation of which is outside this state. Subd. 3.  [Repealed, 1981 c 135 s 14] Subd. 4.  [Repealed, 1981 c 135 s 14] History:  1980 c 516 s 5; 1981 c 135 s 4
MN Stat § 80D.06 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.06 — Reserve Fund Escrow.

80D.06 RESERVE FUND ESCROW. Subdivision 1. Escrow account; release of funds. At the time a facility is first occupied by any resident and thereafter, the provider shall establish and maintain on a current basis, in escrow with a bank or trust company having its principal place of business in this state, as an escrow agent, a portion of all entrance fees received by the provider in an aggregate amount of up to the total of all principal and interest payments due during the next 12 months on account of any first mortgage loan or other long-term financing of the facility. The funds in the escrow account may be invested with the earnings thereon payable to the provider. If the provider requests and sets forth its reasons in writing, the escrow agent shall release up to 1/12 of the original principal balance of the escrow account. A release of funds shall not be made more than once during any calendar month, and then only after the escrow agent has given written notice of the release and the reasons therefor to any resident or association of residents, or the legal representative of a resident or association of residents, that has requested it at least ten days prior to the release. Any person or affiliate of any person that controls any part of the reserve escrow fund comprised in part or totally of funds removed from the provider's resources, is liable for the debts of the provider up to the amount of the provider's contribution to the fund plus any prorated interest the fund may earn. Subd. 2. Facilities established prior to 1975. In those instances where a provider has been offering continuing care in a facility since prior to January 1, 1975, the following shall apply. The provider shall establish a reserve escrow fund and shall contribute to it 15 percent of each new entrance fee received by the provider after December 31, 1981. The funds thereby received shall be permitted to accumulate until there is in the reserve fund an amount equal to the total of all principal and interest payments due during the next 12 months on account of any first mortgage loan or other long-term financing obligation of the facility. History:  1980 c 516 s 8; 1981 c 135 s 7
MN Stat § 80D.07 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.07 — Entrance Fee Reimbursement After Occupancy.

80D.07 ENTRANCE FEE REIMBURSEMENT AFTER OCCUPANCY. Any resident may terminate the residency agreement at any time after assuming residency. A residency agreement may not require more than 120 days' written notice by any resident desiring to terminate; nor require any additional fees for termination of residency. The termination terms and provisions for reimbursement shall be stated in the residency agreement. History:  1980 c 516 s 9; 1986 c 444
MN Stat § 80D.08 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.08 — Lien On Behalf Of Residents.

80D.08 LIEN ON BEHALF OF RESIDENTS. Effective at the time a facility is first occupied by any resident, there shall exist a lien on the real and personal property of the provider or facility to secure the obligations of the provider pursuant to existing and future contracts for continuing care. A lien under this section is effective for a period of ten years. The lien may be foreclosed upon the liquidation of the facility or the insolvency or bankruptcy of the provider, and in that event the proceeds shall be used in full or partial satisfaction of obligations of the provider pursuant to contracts for continuing care then in effect. History:  1980 c 516 s 10; 1981 c 135 s 8
MN Stat § 80D.09 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.09 — Revised Disclosure.

80D.09 REVISED DISCLOSURE. Annually within 120 days following the end of the provider's fiscal year, the provider shall file with the county recorder of the county in which the facility is or will be located a revised disclosure statement setting forth, as of the end of the fiscal year, information meeting the requirements of section 80D.04, and pay a $100 filing fee. The revised disclosure statement shall include a narrative describing any material differences between (a) the pro forma income statements filed in response to section 80D.04, subdivision 1, clause (l) as a part of the disclosure statement filed most immediately subsequent to the start of the provider's most recently completed fiscal year and (b) the actual results of operations during the fiscal year together with the revised pro forma income statements being filed as a part of the revised disclosure statement. A provider may, upon payment of a $100 filing fee, revise its disclosure statement on file with the county recorder at any other time if, in the opinion of the provider, revision is necessary to prevent the disclosure statement from containing a material misstatement of fact or omitting to state a material fact required to be stated therein. Only the most recently filed disclosure statement with respect to a facility, and in any event only a disclosure statement dated within 120 days prior to the date as of which the determination is made, shall be deemed current for purposes of sections 80D.01 to 80D.16 or be delivered pursuant to section 80D.04. In addition, the provider shall make the revised disclosure statement available for inspection by residents during regular business hours. History:  1980 c 516 s 11; 1981 c 135 s 9
MN Stat § 80D.13 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.13 — Civil Liability.

80D.13 CIVIL LIABILITY. Subdivision 1. Violations, misstatements, or omissions. Any person who, as or on behalf of a provider, enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of section 80D.04 to the person contracting for the continuing care, or enters into a contract for continuing care at a facility with a person who has relied on a disclosure statement that omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, is liable to the person contracting for the continuing care for damages and repayment of all fees paid to the provider, facility or person violating sections 80D.01 to 80D.11, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care was entered into prior to discovery of the violation, misstatement or omission or the time the violation, misstatement or omission should reasonably have been discovered, together with interest thereon at the legal rate for judgments, and court costs and reasonable attorney fees. Subd. 2. Knowledge of act required. Liability under this section for any violation, misstatement or omission exists only if the provider or person liable knew or should have known of the violation, the misstatement or omission. Subd. 3. Other remedies. Nothing contained in sections 80D.01 to 80D.16 shall be construed to limit the remedies a person has under any other law. History:  1980 c 516 s 15; 1981 c 135 s 11; 1987 c 384 art 2 s 1
MN Stat § 80D.16 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.16 — Criminal Penalties.

80D.16 CRIMINAL PENALTIES. Any person who willfully and knowingly violates any provision of sections 80D.03 to 80D.16 shall upon conviction be fined not more than $20,000 or imprisoned not more than one year, or both. Nothing in sections 80D.03 to 80D.16 limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute. History:  1980 c 516 s 18; 1981 c 135 s 12; 1984 c 628 art 3 s 11
MN Stat § 80D.19 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.19 — Annual Financial Statement Required.

80D.19 ANNUAL FINANCIAL STATEMENT REQUIRED. A provider shall prepare and distribute an annual financial statement to the residents of a facility. The statement shall be prepared in accordance with generally accepted accounting principles and shall be distributed within four months of the end of the provider's fiscal year. The statement must reflect all of the income and expense attributable to the facility for the fiscal year covered. The statement must account for all receipts and disbursements from whatever source derived, to whatever source paid, arising from the operation of the facility. All entrance and maintenance fees, actual interest received and paid, and loan proceeds received, and interest and principal paid thereon, must be accounted for whether or not included in separate accounts because of trust, escrow, or other requirements. Items of income and expense to be allocated between a facility and another accounting entity must be allocated in accordance with generally accepted accounting principles. The allocation must be noted in the statement. The statement must be in sufficient detail to be meaningful but must be easily readable by, and understandable to, a person of average intelligence and education. The statement must include comparable data for the fewer of: each of the last five years; or for each year since the first receipts or disbursements, arising out of the facility project. If comparable data does not exist and cannot be created for a past year, the variation must be noted and explained in the statement. History:   1984 c 641 s 7
MN Stat § 80D.20 (2021)
2021 Minnesota Statutes|Chapters 80B - 81A — Commercial Regulations|Chapter 80D — Continuing Care Facilities|Section 80D.20 — Residents' Review Of Budget; Monthly Statements.

80D.20 RESIDENTS' REVIEW OF BUDGET; MONTHLY STATEMENTS. Subdivision 1. Formation of association. The residents of a facility may form a residents' association to deal with common interests related to their residency. The association may be organized in any way so long as each resident is given an equal opportunity to participate and an equal vote in the association's decisions including those delegating authority to the association's officers, board, and committees, if any. Subd. 2. Annual budget review. Upon notification to it of the existence of a residents' association, the provider must present its annual budget to the association for comment before its adoption. The budget must be in sufficient detail to be meaningful, but must be readable by, and understandable to, a person of average intelligence and education. The budget must reflect the projected collection and disbursement of receipts of any kind, for any purpose by the provider, or any person related in business to the provider, attributable to residents of the facility, including interest income, and trust assets, during the budget year. Subd. 3. Review of monthly expenditure statements. Throughout the budget year, the provider must give the association timely monthly statements of current income and expense showing year-to-date relationship to the annual budget, and explanations for a deviation from the budget. The association or its representative may comment on, or raise questions about, the monthly statements, to the provider. Subd. 4. Criminal penalties. The penalty provisions of section 80D.16 shall apply to provider actions in Laws 1984, chapter 641, sections 2 and 3. History:   1984 c 641 s 8