reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.03 — Custodial Trustee For Future Payment Or Transfer.

529.03 CUSTODIAL TRUSTEE FOR FUTURE PAYMENT OR TRANSFER.
(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for ......... (name of beneficiary) under the Minnesota Uniform Custodial Trust Act."
(b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
History:
1990 c 476 s 3
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.04 — Form And Effect Of Receipt And Acceptance By Custodial Trustee, Jurisdiction.

529.04 FORM AND EFFECT OF RECEIPT AND ACCEPTANCE BY CUSTODIAL TRUSTEE, JURISDICTION.
(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under sections 529.01 to 529.19 upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee's acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE
I, ........ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for ....... (name of beneficiary) under the Minnesota Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Minnesota Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ........................
Dated: .
.
(signature of custodial trustee)
(c) Upon accepting custodial trust property, a person designated as custodial trustee under sections 529.01 to 529.19 is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
History:
1990 c 476 s 4
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.05 — Multiple Beneficiaries; Separate Custodial Trusts; Survivorship.

529.05 MULTIPLE BENEFICIARIES; SEPARATE CUSTODIAL TRUSTS; SURVIVORSHIP.
(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property.
(b) Custodial trust property held under sections 529.01 to 529.19 by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 529.06 and 529.14 for the administration of the custodial trust.
History:
1990 c 476 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.06 — General Duties Of Custodial Trustee.

529.06 GENERAL DUTIES OF CUSTODIAL TRUSTEE.
(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care set forth in section 501C.0901. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor.
(c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for ........ (name of beneficiary) under the Minnesota Uniform Custodial Trust Act."
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
History:
1990 c 476 s 6; 1996 c 314 s 7; 2015 c 5 art 15 s 15
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.07 — General Powers Of Custodial Trustee.

529.07 GENERAL POWERS OF CUSTODIAL TRUSTEE.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of section 529.06.
History:
1990 c 476 s 7
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.08 — Use Of Custodial Trust Property.

529.08 USE OF CUSTODIAL TRUST PROPERTY.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, draw checks against, or use a debit or credit card to make payments from the accounts. Funds withdrawn from, checks written against, or payments made from the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
History:
1990 c 476 s 8; 2008 c 201 s 1
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.09 — Determination Of Incapacity; Effect.

529.09 DETERMINATION OF INCAPACITY; EFFECT.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the transferor has so directed in the instrument creating the custodial trust, or (ii) the custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (i) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (ii) the certificate of the beneficiary's physician, or (iii) other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee must administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d), a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of sections 529.01 to 529.19 applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.
History:
1990 c 476 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.10 — Exemption Of Third Person From Liability.

529.10 EXEMPTION OF THIRD PERSON FROM LIABILITY.
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:
(1) the validity of the purported custodial trustee's designation;
(2) the propriety of, or the authority under sections 529.01 to 529.19 for, any action of the purported custodial trustee;
(3) the validity or propriety of an instrument executed or instruction given pursuant to sections 529.01 to 529.19 either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) the propriety of the application of property vested in the purported custodial trustee.
History:
1990 c 476 s 10
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.11 — Liability To Third Person.

529.11 LIABILITY TO THIRD PERSON.
(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person:
(1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) Subsections (b) and (c) do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
History:
1990 c 476 s 11
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.13 — Expenses, Compensation, And Bond Of Custodial Trustee.

529.13 EXPENSES, COMPENSATION, AND BOND OF CUSTODIAL TRUSTEE.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) need not furnish a bond or other security for the faithful performance of fiduciary duties.
History:
1990 c 476 s 13
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.14 — Reporting And Accounting By Custodial Trustee; Determination Of Liability Of Custodial Trustee.

529.14 REPORTING AND ACCOUNTING BY CUSTODIAL TRUSTEE; DETERMINATION OF LIABILITY OF CUSTODIAL TRUSTEE.
(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (i) once each year, (ii) upon request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(b) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
(d) In an action or proceeding under sections 529.01 to 529.19 or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
(e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
(g) All proceedings described in this section shall be conducted in accordance with the procedures set forth in sections 501C.0201 to 501C.0208.
History:
1990 c 476 s 14; 2015 c 5 art 15 s 17
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.15 — Limitations Of Action Against Custodial Trustee.

529.15 LIMITATIONS OF ACTION AGAINST CUSTODIAL TRUSTEE.
(a) Except as provided in subsection (c), unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(1) who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
(1) is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) is an incapacitated adult, until the earliest of two years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or
(3) was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.
History:
1990 c 476 s 15
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.16 — Distribution On Termination.

529.16 DISTRIBUTION ON TERMINATION.
(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the holder of the beneficiary's power of attorney;
(3) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(4) upon the beneficiary's death, in the following order:
(i) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 529.05;
(ii) as designated in the instrument creating the custodial trust; or
(iii) to the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
History:
1990 c 476 s 16; 1991 c 199 art 1 s 80
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.18 — Applicable Law.

529.18 APPLICABLE LAW.
(a) Sections 529.01 to 529.19 apply to a transfer or declaration creating a custodial trust that refers to sections 529.01 to 529.19 if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to sections 529.01 to 529.19 despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
(b) A transfer made pursuant to an act of another state substantially similar to sections 529.01 to 529.19 is governed by the law of that state and may be enforced in this state.
History:
1990 c 476 s 18
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 529 — Uniform Custodial Trust Act › Section 529.19 — Short Title.

529.19 SHORT TITLE.
Sections 529.01 to 529.19 may be cited as the "Minnesota Uniform Custodial Trust Act."
History:
1990 c 476 s 19
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.03 — Action By Assignee; Setoff Saved; Exception.

540.03 ACTION BY ASSIGNEE; SETOFF SAVED; EXCEPTION.
If a thing in action be assigned, an action thereon by the assignee shall be without prejudice to any setoff or defense existing at the time or before notice of the assignment; but this section does not apply to negotiable paper, transferred in good faith and upon good consideration before due.
History:
(9166) RL s 4054
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.05 — Married Person May Sue Or Be Sued Alone.

540.05 MARRIED PERSON MAY SUE OR BE SUED ALONE.
In cases where the spouse, except for the marriage relation, would not be a necessary party, a married person may sue and be sued as if unmarried and without joining the spouse. If a person marries and at the same time takes a new name while a party to a pending action, the person shall thereafter be designated by the new name.
History:
(9168) RL s 4056; 1987 c 49 s 13
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.07 — Parent Or Guardian May Sue For Seduction.

540.07 PARENT OR GUARDIAN MAY SUE FOR SEDUCTION.
A parent may maintain an action for the seduction of the son or daughter, and the guardian may maintain an action for the seduction of the ward, though the son or daughter or ward is not living with, or in the service of, the plaintiff at the time of the seduction or afterwards, and there is no loss of service.
History:
(9171) RL s 4059; 1981 c 31 s 14
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.08 — Injury To Child Or Ward; Suit By Parent Or Guardian.

540.08 INJURY TO CHILD OR WARD; SUIT BY PARENT OR GUARDIAN.
A parent may maintain an action for the injury of a minor son or daughter. A general guardian may maintain an action for an injury to the ward. A guardian of a dependent, neglected, or delinquent child, appointed by a court having jurisdiction, may maintain an action for the injury of the child. If no action is brought by the father or mother, an action for the injury may be brought by a guardian ad litem, either before or after the death of the parent. Before a parent receives property as a result of the action, the parent shall file a bond as the court prescribes and approves as security therefor. In lieu of this bond, upon petition of the parent, the court may order that the property received be invested in securities issued by the United States, which shall be deposited pursuant to the order of the court, or that the property be invested in a savings account, savings certificate, certificate of deposit, or share certificate, in a bank, savings association, trust company, credit union in which either the depositor or beneficiary is a member, or an annuity or other form of structured settlement, subject to the order of the court. A copy of the court's order and the evidence of the deposit shall be filed with the court administrator. Money or assets in an account established by the court under this section are not available to the minor child or the child's parent or guardian until released by the court to the child or the child's parent or guardian. No settlement or compromise of the action is valid unless it is approved by a judge of the court in which the action is pending.
History:
(9172) RL s 4060; 1907 c 58 s 1; 1929 c 113 s 1; 1943 c 416 s 1; 1951 c 347 s 1; 1961 c 346 s 1; 1969 c 660 s 2; 1981 c 31 s 15; 1981 c 313 s 25; 1Sp1986 c 3 art 1 s 82; 1989 c 282 art 2 s 198; 1993 c 257 s 48; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.09 — Deserted Spouse May Sue And Defend In Absent Spouse's Name.

540.09 DESERTED SPOUSE MAY SUE AND DEFEND IN ABSENT SPOUSE'S NAME.
When a spouse has deserted the family, the deserted spouse may prosecute or defend, in the name of the absent spouse, any action which the absent spouse might have prosecuted or defended, and shall have the same powers and rights therein as the absent spouse might have had.
History:
(9173) RL s 4061; 1981 c 31 s 16
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.11 — Surety May Bring Action.

540.11 SURETY MAY BRING ACTION.
An action may be brought against two or more persons for the purpose of compelling one to satisfy a debt due to the other, for which the plaintiff is bound as surety.
History:
(9175) RL s 4063
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.12 — Action Not To Abate By Death; Torts.

540.12 ACTION NOT TO ABATE BY DEATH; TORTS.
No action shall abate by reason of the death or disability of a party, or the transfer of the party's interest, if the cause of action continues or survives. After a verdict, decision, or report of a referee, fixing the amount of damages for a wrong, such action shall not abate by the death of any party thereto.
History:
(9176) RL s 4064; 1974 c 394 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.13 — Exemptions Of Legislative Members And Employees.

540.13 EXEMPTIONS OF LEGISLATIVE MEMBERS AND EMPLOYEES.
No member, officer, or employee of either branch of the legislature shall be liable in a civil action on account of any act done in pursuance of legislative duties.
History:
(9177) RL s 4065; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.14 — Actions Against Receivers; Trial; Judgment, How Satisfied.

540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW SATISFIED.
Except as limited in chapters 576 and 577, any receiver, assignee, or other person appointed by a court to hold or manage property under its direction, may be sued on account of any acts or transactions in carrying on the business connected with such property without prior leave of court.
Such action may be brought in any county in which it could have been brought against the person or corporation represented by such receiver or other person, shall be tried in the same manner and subject to the same rules of procedure, and any judgment recovered therein against such receiver or other person shall be paid by the receiver or other person as a part of the expenses of managing such property.
History:
(9178, 9179) RL s 4066,4067; 1986 c 444; 2012 c 143 art 3 s 26
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.15 — Associates Sued As Partners.

540.15 ASSOCIATES SUED AS PARTNERS.
When two or more persons transact business as associates and under a common name, whether such name comprise the names of such persons or not, they may be sued by such common name, and the summons may be served on one or more of them. The judgment in such case shall bind the joint property of all the associates, the same as though all had been named as defendants.
History:
(9180) RL s 4068
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.151 — Suability; Common Name.

540.151 SUABILITY; COMMON NAME.
When two or more persons associate and act, whether for profit or not, under the common name, including associating and acting as a labor organization or employer organization, whether such common name comprises the names of such persons or not, they may sue in or be sued by such common name, and the summons may be served on an officer or a managing agent of the association. The judgment in such cases shall accrue to the joint or common benefit of and bind the joint or common property of the associates, the same as though all had been named as parties to the action. Any money judgment against a labor organization or employer organization shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or the member's assets.
History:
1947 c 527 s 1; 1955 c 597 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.152 — Service Of Process On Unions, Groups, Or Associations.

540.152 SERVICE OF PROCESS ON UNIONS, GROUPS, OR ASSOCIATIONS.
The transaction of any acts, business, or activities within the state of Minnesota by any officer, agent, representative, employee, or member of any union or other groups or associations having officers, agents, members, or property without the state on behalf of the union or other groups or associations or any of its members or affiliated local unions shall be deemed an appointment by the union or other groups or associations of the secretary of state of the state of Minnesota to be the true and lawful attorney of the union or other groups or associations, upon whom may be served all legal processes or notices in any action or proceeding against or involving the union or other groups or associations growing out of any acts, business or activities within the state of Minnesota resulting in damage or loss to person or property or giving rise to any cause of action under the laws of the state of Minnesota or to any matters or proceedings arising under the Minnesota Labor Relations Act. Such acts, business, or activities shall be a signification of the agreement of the union or other groups or associations and its members that any process or notice in any action, matter, or proceeding against or involving it, which is so served, shall be of the same legal force and validity as if served upon the union or other groups or associations and its members personally. Service of process or notice shall be made according to section 5.25. The service shall be sufficient service upon the union or other groups or associations and its members.
History:
1947 c 527 s 2; 1955 c 597 s 2; 1955 c 820 s 47; 1980 c 541 s 8; 3Sp1981 c 2 art 1 s 72; 1984 c 618 s 57; 1987 c 404 s 187; 1989 c 335 art 1 s 258; 1995 c 128 art 1 s 18
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.153 — Exceptions.

540.153 EXCEPTIONS.
Sections 540.151 to 540.153 shall not apply to any person or labor organization subject to the Federal Railway Labor Act, United States Code Annotated, title 45, chapter 8.
History:
1947 c 527 s 3
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.154 — Actions Against Unions, Groups, Or Associations; Where Brought.

540.154 ACTIONS AGAINST UNIONS, GROUPS, OR ASSOCIATIONS; WHERE BROUGHT.
An action in a state court against an association referred to in section 540.151 shall be brought in district court in the county in which the organization maintains its principal office in this state or in the district court of the county in which the acts complained of occurred.
History:
1955 c 597 s 3
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.17 — Joinder Of Connecting Carriers.

540.17 JOINDER OF CONNECTING CARRIERS.
Subdivision 1.
Joinder.
When any personal property shall be transported by two or more connecting common carriers into or through this state and shall become injured or damaged during transportation, the consignor, consignee or owner thereof, or the owner's assignee, in an action to recover damages for such injury, may join as parties defendant one or more of such connecting common carriers with the last or delivering common carrier.
Subd. 2.
Pleading and proof.
In any such action brought in any court of this state against the last or delivering carrier and any one or more connecting common carriers, it shall be sufficient for the plaintiff to allege in the complaint and prove upon the trial of such action, that such personal property was in good order and condition when delivered to the initial carrier, that the same was transported from the initial point of shipment to its destination by two or more connecting common carriers, including the defendants, that it was in whole or in part injured or damaged on arrival at destination, and the general nature and amount of such injury or damage thereto, and such proof shall be prima facie evidence that such injury or damage was caused by the negligence of all the defendants and the amount of loss or damage caused to such property by the negligence of each and every one of the defendants shall be determined by the jury upon the trial of the action from all the evidence in the case, and a verdict rendered accordingly.
History:
(9183, 9184) 1907 c 446 s 1,2; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 540 — Parties To Actions › Section 540.18 — Damage By Minor; Responsibility Of Parent, Guardian, And Minor.

540.18 DAMAGE BY MINOR; RESPONSIBILITY OF PARENT, GUARDIAN, AND MINOR.
Subdivision 1.
Liability rule.
The parent or guardian of a minor who is under the age of 18 and who is living with the parent or guardian and who willfully or maliciously causes injury to any person or damage to any property is jointly and severally liable with such minor for such injury or damage to an amount not exceeding $1,000, if such minor would have been liable for such injury or damage if the minor had been an adult. Nothing in this subdivision shall be construed to relieve such minor from personal liability for such injury or damage. The liability provided in this subdivision is in addition to and not in lieu of any other liability which may exist at law. Recovery under this section shall be limited to special damages.
Subd. 2.
Not applicable to certain persons.
This section shall not apply to persons having custody or charge of any minor under the authority of the Human Services or Corrections Department of the state.
History:
Ex1967 c 41 s 1-3; 1969 c 803 s 1; 1980 c 580 s 22; 1984 c 654 art 5 s 58; 1986 c 444; 1993 c 326 art 6 s 5; 2005 c 10 art 4 s 28
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.01 — Application To State And Other States; Exceptions.

541.01 APPLICATION TO STATE AND OTHER STATES; EXCEPTIONS.
Actions can only be commenced within the periods prescribed in this chapter, after the cause of action accrues, except where a different limitation is prescribed by the Uniform Commercial Code or, in special cases, by other statute; provided that a cause of action for sales or use taxes imposed by any other state shall be deemed to have accrued at the time such tax first becomes due and payable.
Such limitation shall apply to actions by or in behalf of the state and the several political subdivisions thereof; provided that no occupant of a public way, levee, square, or other ground dedicated or appropriated to public use shall acquire, by reason of occupancy, any title thereto.
No occupant of the land of a public or private cemetery shall acquire any title to the cemetery land by reason of the occupancy.
History:
(9185, 9186) RL s 4071,4072; 1963 c 749 s 1; 1965 c 812 s 19; 1981 c 26 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.02 — Recovery Of Real Estate, 15 Years.

541.02 RECOVERY OF REAL ESTATE, 15 YEARS.
No action for the recovery of real estate or the possession thereof shall be maintained unless it appears that the plaintiff, the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the premises in question within 15 years before the beginning of the action.
Such limitations shall not be a bar to an action for the recovery of real estate assessed as tracts or parcels separate from other real estate, unless it appears that the party claiming title by adverse possession or the party's ancestor, predecessor, or grantor, or all of them together, shall have paid taxes on the real estate in question at least five consecutive years of the time during which the party claims these lands to have been occupied adversely.
The provisions of the preceding paragraph shall not apply to actions relating to the boundary line of lands, which boundary lines are established by adverse possession, or to actions concerning lands included between the government or platted line and the line established by such adverse possession, or to lands not assessed for taxation.
History:
(9187) RL s 4073; 1913 c 239 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.024 — Limitation Of Actions Affecting Title To Or Possession Of Tax-forfeited Lands.

541.024 LIMITATION OF ACTIONS AFFECTING TITLE TO OR POSSESSION OF TAX-FORFEITED LANDS.
Subdivision 1.
Limitation.
As against a real estate title based upon or derived from a county auditor's certificate of forfeiture, or auditor's certificate of sale or state assignment certificate which has been of record for at least four years in the office of the county recorder or in the office of the registrar of titles, no action affecting the possession or title of the real estate shall be commenced on or after June 15, 1978, to enforce any adverse right, claim, interest, incumbrance, or lien, based upon the alleged invalidity of the county auditor's certificate of forfeiture, or auditor's certificate of sale or state assignment certificate.
Subd. 2.
Not affect.
This section shall not affect any rights of the federal government or any rights of a person in actual, open, hostile, notorious, and exclusive possession of the real estate on the date of the placing of record of the county auditor's certificate of forfeiture, auditor's certificate of sale or state assignment certificate and continuously thereafter to the time of the commencement of an action.
Subd. 3.
Abandonment of right.
A claimant under any instrument, event or transaction barred by this section shall be conclusively presumed to have abandoned all right, claim, interest, incumbrance or lien based thereon; and the title based upon or derived from the county auditor's certificate of forfeiture, auditor's certificate of sale, or state assignment certificate shall be deemed marketable. It is the policy of the state of Minnesota that, except as provided by Laws 1977, Chapter 265, unadjudicated adverse rights shall not fetter the marketability of tax titles of real estate.
Subd. 4.
Limit of extension of right.
This section does not extend the right to commence any action beyond the date on which the right would be extinguished under section 284.28 or any other law.
Subd. 5.
Auditor certificates.
This section applies to real estate titles based upon or derived from a county auditor's certificate of forfeiture, or auditor's certificate of sale, or state assignment certificate issued prior to June 15, 1977.
History:
1977 c 265 s 2; 1980 c 543 s 9
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.03 — Foreclosure Of Real Estate Mortgage.

541.03 FORECLOSURE OF REAL ESTATE MORTGAGE.
Subdivision 1.
Limitation.
No action or proceeding to foreclose a real estate mortgage, whether by action or advertisement or otherwise, shall be maintained unless commenced within 15 years from the maturity of the whole of the debt secured by the mortgage, and this limitation shall not be extended by the nonresidence of any plaintiff or defendant or any party interested in the land upon which the mortgage is a lien in any action commenced to foreclose such mortgage, nor by reason of any payment made after such maturity, nor by reason of any extension of the time of payment of the mortgage or the debt or obligation thereby secured or any portion thereof, unless such extension shall be in writing and shall have been recorded in the same office in which the original mortgage is recorded, within the limitation period herein provided, or prior to the expiration of any previously recorded extension of such mortgage or debt, nor by reason of any disability of any party interested in the mortgage.
Subd. 2.
When time begins to run; commencement of proceedings.
The time within which any such action or proceeding may be commenced shall begin to run from the date of such mortgage, unless the time of the maturity of the debt or obligation secured by such mortgage shall be clearly stated in such mortgage. Any action or proceeding to foreclose a real estate mortgage, whether by action, by advertisement, or otherwise, commenced within the period of limitation herein provided, may be prosecuted to completion notwithstanding the expiration of the period of limitation, and proceedings to foreclose a real estate mortgage by advertisement shall be deemed commenced on the date of the first publication of the notice of sale.
History:
(9188, 9189) 1909 c 181 s 1,2
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.04 — Judgments, Ten Years.

541.04 JUDGMENTS, TEN YEARS.
No action shall be maintained upon a judgment or decree of a court of the United States, or of any state or territory thereof, unless begun within ten years after the entry of such judgment.
History:
(9190) RL s 4075; 2010 c 238 s 4,7; 2010 c 371 s 5; 2011 c 66 s 8; 2012 c 183 s 1; 2012 c 216 art 1 s 45
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.05 — Various Cases, Six Years.

541.05 VARIOUS CASES, SIX YEARS.
Subdivision 1.
Six-year limitation.
Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;
(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07;
(3) for a trespass upon real estate;
(4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;
(5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated;
(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(7) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have expired;
(8) for damages caused by a dam, used for commercial purposes; or
(9) for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01.
Subd. 2.
Strict liability.
Unless otherwise provided by law, any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years.
History:
(9191) RL s 4076; 1953 c 378 s 1; 1965 c 812 s 20; 1978 c 738 s 1; 1986 c 444; 2000 c 471 s 1; 2015 c 5 art 15 s 18
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.052 — Limitation Of Actions For Damages Based On Errors In Land Surveys.

541.052 LIMITATION OF ACTIONS FOR DAMAGES BASED ON ERRORS IN LAND SURVEYS.
Subdivision 1.
Land surveys.
Except where fraud is involved, no action to recover damages for an error in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error, may be brought against any person performing the survey more than two years after the discovery of the error, nor in any event more than ten years after the date of the survey.
Subd. 2.
Action allowed.
Notwithstanding the provisions of subdivision 1, in the case of action which occurs during the ninth or tenth year after the date of the survey, an action to recover damages may be brought within two years after the date on which the action occurred, but in no event may an action be brought more than 12 years after the date of the survey.
History:
1986 c 455 s 93
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.053 — Limitation Of Actions Based On Consumer Debt.

541.053 LIMITATION OF ACTIONS BASED ON CONSUMER DEBT.
Notwithstanding section 541.31, subdivision 1, actions upon an obligation arising out of a consumer debt primarily for personal, family, or household purposes shall be commenced within six years. After its expiration, the statute of limitations is not revived by the collection of a payment on an account, a discharge in a bankruptcy proceeding, or an oral or written reaffirmation of the debt.
History:
2013 c 104 s 2
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 541 — Limitation Of Time, Commencing Actions › Section 541.06 — Sheriffs, Coroners; Forfeitures, Three Years.

541.06 SHERIFFS, CORONERS; FORFEITURES, THREE YEARS.
The following actions shall be commenced within three years: against a sheriff or coroner for any act done in an official capacity and in virtue of an office, or for any omission of an official duty, including the nonpayment of money collected or received on a judgment or execution.
History:
(9192) RL s 4077; 1953 c 378 s 2; 1986 c 444; 2005 c 10 art 2 s 4