reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.02 — Municipal Licensing And Regulation.

325J.02 MUNICIPAL LICENSING AND REGULATION.
(a) For the purpose of promoting the public health, safety, morals, and welfare, a municipality may adopt an ordinance, issue licenses to qualified applicants, and regulate pawn transactions. Ordinances must contain the minimum provisions of this chapter.
(b) A person may not engage in business as a pawnbroker or otherwise portray the person as a pawnbroker unless the person has a valid license authorizing engagement in the business. Any pawn transaction made without benefit of a license is void.
(c) A separate license is required for each place of business. A municipality may issue more than one license to a person if that person complies with this chapter for each license.
(d) Each license shall remain in full force and effect until surrendered, suspended, revoked, or expired. A license may be suspended or revoked for failure to comply with the municipality's ordinance.
(e) No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any pledgor.
(f) The appropriate local law enforcement agency shall be notified by the municipality of any licensee whose license has expired or been surrendered, suspended, or revoked as provided by this chapter.
History:
1996 c 404 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.03 — Licensee Eligibility.

325J.03 LICENSEE ELIGIBILITY.
(a) To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and fairly within the purposes of this chapter and the applicable local ordinance and:
(1) may not be a minor at the time that the application for a pawnbroker's license is filed;
(2) may not have been convicted of any crime directly related to the occupation licensed as prescribed by section 364.03, subdivision 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by section 364.03, subdivision 3; and
(3) must be of good moral character or repute.
(b) Any change, directly or beneficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements.
History:
1996 c 404 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.04 — Pawn Tickets.

325J.04 PAWN TICKETS.
Subdivision 1.
Entries of pawn tickets.
At the time of making the pawn or purchase transaction, the pawnbroker shall immediately and legibly record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the municipality:
(1) a complete and accurate description of the property, including model and serial number if indicated on the property;
(2) the full name, residence address, residence telephone number, and date of birth of the pledgor or seller;
(3) date and time of pawn or purchase transaction;
(4) the identification number and state of issue from one of the following forms of identification of the seller or pledgor: current valid Minnesota driver's license; current valid Minnesota identification card; or current valid photo identification card issued by another state or a province of Canada;
(5) description of the pledgor including approximate height, sex, and race;
(6) amount advanced or paid;
(7) the maturity date of the pawn transaction and the amount due; and
(8) the monthly and annual interest rates, including all pawn fees and charges.
Subd. 2.
Printed pawn ticket.
The following shall be printed on all pawn tickets:
(1) the statement that "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.";
(2) the statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.";
(3) the statement that "This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record."; and
(4) a blank line for the pledgor's signature.
History:
1996 c 404 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.05 — Records; Retention.

325J.05 RECORDS; RETENTION.
(a) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the pawn ticket.
(b) The pawnbroker shall maintain on the premises a record of all transactions of pledged or purchased goods for a period of three years. These records shall be a correct copy of the entries made of the pawn transactions. A pawnbroker shall upon request provide to the appropriate law enforcement agency a complete and accurate record of pawn transactions. If the pawnbroker provides the records in a computerized format, they must be provided in the interchange file specification format.
(c) For purposes of paragraph (b), "interchange file specification format" means the most current version of the Minneapolis automated pawn system interchange file specification format.
History:
1996 c 404 s 5; 2000 c 274 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.06 — Effect Of Nonredemption.

325J.06 EFFECT OF NONREDEMPTION.
(a) A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of the pawn transaction shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker.
(b) The pawnbroker's right, title, and interest in the pledged goods under paragraph (a) is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption.
(c) A pawn transaction that involves holding only the title to property is subject to chapter 168A or 336.
History:
1996 c 404 s 6; 2017 c 94 art 8 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.07 — Permitted Charges.

325J.07 PERMITTED CHARGES.
(a) Notwithstanding any other statute, ordinance, rule, regulation, or section 325J.13, a pawnbroker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker.
(b) The pawnshop charge allowed under paragraph (a) shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date, the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor.
(c) Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions of this section.
(d) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this section, shall be uncollectible and the pawn transaction shall be void.
(e) A schedule of charges permitted by this section shall be posted on the pawnshop premises in a place clearly visible to the general public.
History:
1996 c 404 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.08 — Records; Prohibitions.

325J.08 RECORDS; PROHIBITIONS.
A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not:
(1) make any false entry in the records of pawn transactions;
(2) falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions;
(3) refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times acceptable to both parties;
(4) fail to maintain a record of each pawn transaction for three years;
(5) accept a pledge or purchase property from a person under the age of 18 years;
(6) make any agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this section, or providing for a maturity date less than one month after the date of the pawn transaction;
(7) fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in section 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to section 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency;
(8) sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction;
(9) sell or otherwise charge for insurance in connection with a pawn transaction; or
(10) remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any time before the expiration of the redemption period pursuant to section 325J.06. However, (i) a pawnbroker is permitted to return pledged goods to the borrower at any time during the redemption period, (ii) a pawnbroker is permitted to sell the pledged goods or remove the pledged goods from the pawnshop premises or other storage at any time after the expiration of the redemption period set forth in section 325J.06, and (iii) a pawnbroker who purchases goods not involving a pawn transaction is permitted to sell or remove the purchased goods from the pawnshop premises or other storage 31 days or later from the purchase transaction date.
History:
1996 c 404 s 8; 2011 c 82 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.09 — Redemption; Risk Of Loss.

325J.09 REDEMPTION; RISK OF LOSS.
Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action.
History:
1996 c 404 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.095 — Motor Vehicle Title Pawn Transactions; Special Provisions.

325J.095 MOTOR VEHICLE TITLE PAWN TRANSACTIONS; SPECIAL PROVISIONS.
(a) In addition to the other requirements of this chapter, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall:
(1) be licensed as a used motor vehicle dealer under section 168.27, and post such license on the pawnshop premises;
(2) verify that there are no liens or encumbrances against the motor vehicle with the Department of Public Safety; and
(3) verify that the pledgor has automobile insurance on the motor vehicle as required by law.
(b) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle.
History:
1996 c 404 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.12 — Transition.

325J.12 TRANSITION.
(a) Pawnbrokers that are in business when a municipality adopts an ordinance under this chapter must apply for a license and pay the required fee within six months of adoption of the ordinance.
(b) A county that has adopted an ordinance under Minnesota Statutes 1994, sections 471.924 to 471.927, must conform the ordinance to this chapter by August 1, 1997. Pawnbrokers that are in business when a municipality adopts a new ordinance under this chapter must apply for a license and pay the required fee within six months of the adoption of the new ordinance.
History:
1996 c 404 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.13 — Ordinances; Consistency.

325J.13 ORDINANCES; CONSISTENCY.
With the exception of section 325J.08, clauses (7) and (10), nothing in this chapter preempts or supersedes any ordinance adopted by a municipality that provides for more restrictive regulation of pawnbrokers or pawn transactions.
History:
1996 c 404 s 14; 2011 c 82 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.02 — Purposes And Construction.

325K.02 PURPOSES AND CONSTRUCTION.
This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:
(1) to facilitate commerce by means of reliable electronic messages;
(2) to minimize the incidence of forged digital signatures and fraud in electronic commerce;
(3) to implement legally the general import of relevant standards, such as X.509 of the International Telecommunication Union, formerly known as the International Telegraph and Telephone consultative committee; and
(4) to establish, in coordination with multiple states, uniform rules regarding the authentication and reliability of electronic messages.
History:
1997 c 178 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.03 — Role Of The Secretary.

325K.03 ROLE OF THE SECRETARY.
Subdivision 1.
Secretary as certification authority.
The secretary shall be a certification authority. The secretary shall issue, suspend, and revoke certificates in the manner prescribed under section 325K.10 to applicants for licensure. The secretary may also issue, suspend, and revoke certificates for governmental entities. Except for licensing requirements, this chapter applies to the secretary with respect to certificates the secretary issues.
Subd. 2.
Record.
The secretary must maintain an online, publicly accessible electronic database containing a certification authority disclosure record and list of judgments for each licensed certification authority.
Subd. 3.
Rules.
The secretary must adopt rules to:
(1) govern licensed certification authorities and repositories, their practice, and termination of their practice;
(2) determine an amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities;
(3) specify reasonable requirements for the form of certificates issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;
(4) specify reasonable requirements for record keeping by licensed certification authorities;
(5) specify reasonable requirements for the content, form, and sources of information in certification authority disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records;
(6) specify the form of the certification practice statements; and
(7) specify the procedure and manner in which a certificate may be suspended or revoked.
Subd. 4.
Certification practice statement.
The secretary in the role of licensed certification authority may adopt and amend a certification practice statement without using the provisions of chapter 14.
History:
1997 c 178 s 4; 1998 c 321 s 9; 1999 c 250 art 1 s 94
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.04 — Fees.

325K.04 FEES.
(a) The secretary shall set reasonable fees for all services rendered under this chapter, in amounts sufficient to compensate for the costs of all services provided by the secretary under this chapter. Until July 1, 2001, the fees need not be set by rule.
(b) The digital signature account is created in the special revenue fund. All fees recovered by the secretary must be deposited in the digital signature account. Money in the digital signature account is appropriated to the secretary to pay the costs of all services provided by the secretary.
History:
1997 c 178 s 5; 1999 c 250 art 1 s 95
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.06 — Performance Audits.

325K.06 PERFORMANCE AUDITS.
Subdivision 1.
Annual audit; auditor qualifications; rules.
A certified public accountant having expertise in computer security must audit the operations of each licensed certification authority at least once each year to evaluate compliance with this chapter. The secretary may by rule specify the qualifications of auditors.
Subd. 2.
Compliance categories.
Based on information gathered in the audit, the auditor must categorize the licensed certification authority's compliance as one of the following:
(a)
Full compliance.
The certification authority appears to conform to all applicable statutory and regulatory requirements.
(b)
Substantial compliance.
The certification authority appears generally to conform to applicable statutory and regulatory requirements. However, one or more instances of noncompliance or of inability to demonstrate compliance were found in an audited sample, but were likely to be inconsequential.
(c)
Partial compliance.
The certification authority appears to comply with some statutory and regulatory requirements, but was found not to have complied or not be able to demonstrate compliance with one or more important safeguards.
(d)
Noncompliance.
The certification authority complies with few or none of the statutory and regulatory requirements, fails to keep adequate records to demonstrate compliance with more than a few requirements, or refused to submit to an audit.
The secretary shall publish in the certification authority disclosure record it maintains for the certification authority the date of the audit and the resulting categorization of the certification authority.
Subd. 3.
[Repealed, 1998 c 321 s 31]
Subd. 4.
[Repealed, 1998 c 321 s 31]
Subd. 5.
[Repealed, 1998 c 321 s 31]
History:
1997 c 178 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.07 — Enforcement Of Requirements For Licensed Certification Authorities.

325K.07 ENFORCEMENT OF REQUIREMENTS FOR LICENSED CERTIFICATION AUTHORITIES.
Subdivision 1.
Investigation.
The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter.
Subd. 2.
Suspension or revocation.
The secretary may summarily suspend or revoke the license of a certification authority for its failure to comply with an order of the secretary.
Subd. 3.
Civil penalty.
The secretary may by order impose and collect a civil monetary penalty against a licensed certification authority for a violation of this chapter in an amount not to exceed $5,000 per incident. In case of a violation continuing for more than one day, each day is considered a separate incident. The secretary may adopt rules setting the standards governing the determination of the penalty amounts.
Subd. 4.
Payment of costs.
The secretary may order a certification authority, which it has found to be in violation of this chapter, to pay the costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it.
Subd. 5.
Administrative procedures; injunctive relief.
(a) The secretary must exercise authority under this section in accordance with the Administrative Procedure Act, chapter 14, and a licensed certification authority may obtain judicial review of the secretary's actions as prescribed by chapter 14.
(b) The secretary may also seek injunctive relief to compel compliance with an order.
History:
1997 c 178 s 8; 1998 c 321 s 15,16; 2000 c 395 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.08 — Dangerous Activities By Certification Authority Prohibited.

325K.08 DANGEROUS ACTIVITIES BY CERTIFICATION AUTHORITY PROHIBITED.
Subdivision 1.
Prohibition generally.
No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.
Subd. 2.
Orders and civil actions.
In the manner provided by the Administrative Procedure Act, chapter 14, the secretary may issue orders and obtain injunctions or other civil relief to prevent or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a person other than the secretary.
History:
1997 c 178 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.09 — General Requirements For Certification Authorities.

325K.09 GENERAL REQUIREMENTS FOR CERTIFICATION AUTHORITIES.
Subdivision 1.
Use of trustworthy system.
A licensed certification authority or subscriber may use only a trustworthy system:
(1) to issue, suspend, or revoke a certificate;
(2) to publish or give notice of the issuance, suspension, or revocation of a certificate; or
(3) to create a private key.
Subd. 2.
Disclosure required.
A licensed certification authority shall disclose any material certification practice statement and disclose any fact material to either the reliability of a certificate that it has issued or its ability to perform its services. A certification authority may require a signed, written, and reasonably specific inquiry from an identified person and payment of reasonable compensation as conditions precedent to effecting a disclosure required in this subdivision.
Subd. 3.
Acceptance.
A recipient who accepts a digital signature when the certificate was issued by a licensed certification authority becomes a party to and accepts all of the terms and conditions of the licensed certification authority's certification practice statement.
History:
1997 c 178 s 10; 1999 c 250 art 1 s 97
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.11 — Warranties And Obligations Upon Issuance Of Certificate.

325K.11 WARRANTIES AND OBLIGATIONS UPON ISSUANCE OF CERTIFICATE.
Subdivision 1.
Absolute warranties to subscribers.
By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that:
(1) the certificate contains no information known to the certification authority to be false;
(2) the certificate satisfies all material requirements of this chapter; and
(3) the certification authority has not exceeded any limits of its license in issuing the certificate.
The certification authority may not disclaim or limit the warranties of this subdivision.
Subd. 2.
Negotiable warranties to subscribers.
Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate, promises to the subscriber:
(1) to act promptly to suspend or revoke a certificate in accordance with section 325K.14 or 325K.15; and
(2) to notify the subscriber within a reasonable time of any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it is issued.
Subd. 3.
Warranties to those who reasonably rely.
By issuing a certificate, a licensed certification authority certifies to all who reasonably rely on the information contained in the certificate that:
(1) the information in the certificate and listed as confirmed by the certification authority is accurate;
(2) all information foreseeably material to the reliability of the certificate is stated or incorporated by reference within the certificate;
(3) the subscriber has accepted the certificate; and
(4) the licensed certification authority has complied with all applicable laws of this state governing issuance of the certificate.
Subd. 4.
Warranties following publication.
By publishing a certificate, a licensed certification authority certifies to the repository in which the certificate is published and to all who reasonably rely on the information contained in the certificate that the certification authority has issued the certificate to the subscriber.
History:
1997 c 178 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.12 — Representations And Duties Upon Accepting Certificate.

325K.12 REPRESENTATIONS AND DUTIES UPON ACCEPTING CERTIFICATE.
Subdivision 1.
Subscriber warranties.
By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that:
(1) the subscriber rightfully holds the private key corresponding to the public key listed in the certificate;
(2) all representations made by the subscriber to the certification authority and material to the information listed in the certificate are true; and
(3) all material representations made by the subscriber to a certification authority or made in the certificate and not confirmed by the certification authority in issuing the certificate are true.
Subd. 2.
Agent warranties.
By requesting on behalf of a principal the issuance of a certificate naming the principal as subscriber, the requesting person certifies in that person's own right to all who reasonably rely on the information contained in the certificate that the requesting person:
(1) holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and
(2) has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the person's authority.
Subd. 3.
Disclaimer limitations.
No person may disclaim or contractually limit the application of this section, nor obtain indemnity for its effects, if the disclaimer, limitation, or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate.
Subd. 4.
Indemnification by subscriber.
By accepting a certificate, a subscriber undertakes to indemnify the issuing certification authority for loss or damage caused by issuance or publication of a certificate in reliance on:
(1) a false and material representation of fact by the subscriber; or
(2) the failure by the subscriber to disclose a material fact if the representation or failure to disclose was made either with intent to deceive the certification authority or a person relying on the certificate, or with gross negligence. The indemnity provided in this section may not be disclaimed or contractually limited in scope. However, a contract may provide consistent, additional terms regarding the indemnification.
Subd. 5.
Certified accuracy.
In obtaining information of the subscriber material to issuance of a certificate, the certification authority may require the subscriber to certify the accuracy of relevant information under oath or affirmation of truthfulness and under penalty of perjury.
History:
1997 c 178 s 13; 1998 c 321 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.13 — Control Of Private Key.

325K.13 CONTROL OF PRIVATE KEY.
Subdivision 1.
Duty.
By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to a person not authorized to create the subscriber's digital signature.
Subd. 2.
[Repealed, 1998 c 321 s 31]
Subd. 2a.
Possession of private key.
A certification authority cannot hold a private key on behalf of a subscriber.
Subd. 3.
[Repealed, 1998 c 321 s 31]
History:
1997 c 178 s 14; 1998 c 321 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.16 — Certificate Expiration.

325K.16 CERTIFICATE EXPIRATION.
Subdivision 1.
Expiration date.
A certificate must indicate the date on which it expires.
Subd. 2.
Effect of expiration.
When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter and the certification authority is discharged of its duties based on issuance, in relation to the expired certificate.
History:
1997 c 178 s 17
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.17 — Recommended Reliance Limits.

325K.17 RECOMMENDED RELIANCE LIMITS.
By specifying a recommended reliance limit in a certificate, the issuing certification authority and accepting subscriber recommend that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit.
History:
1997 c 178 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.18 — Collection Based On Suitable Guaranty.

325K.18 COLLECTION BASED ON SUITABLE GUARANTY.
Subdivision 1.
Bond or letter of credit.
(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment against the principal named in the bond.
(b) If the suitable guaranty is a letter of credit, a person may recover from the issuing financial institution the full amount of a qualified right to payment only in accordance with the terms of the letter of credit.
(c) If the suitable guaranty is a policy of insurance, a person may recover under the terms of the policy.
(d) Claimants may recover successively on the same suitable guaranty.
Subd. 2.
Attorney fees and court costs.
(a) Subject to paragraph (b), in addition to recovering the amount of a qualified right to payment, a claimant may recover from the proceeds of the guaranty, until depleted:
(1) the attorneys' fees, reasonable in amount; and
(2) court costs incurred by the claimant in collecting the claim.
(b) However, the total liability on the suitable guaranty to all persons making qualified rights of payment or recovering attorneys' fees during its term must not exceed the amount of the suitable guaranty.
Subd. 3.
Qualified right to payment.
(a) To recover a qualified right to payment against a surety or issuer of a suitable guaranty, the claimant must:
(1) file written notice of the claim with the issuer of the suitable guarantee stating the name and address of the claimant, the amount claimed, and the grounds for the qualified right to payment; and
(2) append to the notice a certified copy of the judgment on which the qualified right to payment is based.
(b) Recovery of a qualified right to payment from the proceeds of the suitable guaranty is barred unless the claimant substantially complies with this subdivision.
Subd. 4.
Statute of limitations.
Recovery of a qualified right to payment from the proceeds of a suitable guaranty are forever barred unless notice of the claim is filed as required in subdivision 3, paragraph (a), clause (1), within three years after the occurrence of the violation of this chapter that is the basis for the claim. Notice under this subdivision need not include the requirement imposed by subdivision 3, paragraph (a), clause (2).
History:
1997 c 178 s 19; 1998 c 321 s 27,28; 2000 c 395 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.19 — Satisfaction Of Signature Requirements.

325K.19 SATISFACTION OF SIGNATURE REQUIREMENTS.
(a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:
(1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, on government records described in section 15.17; or
(ii) no party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;
(2) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
(3) that digital signature was affixed by the signer with the intention of signing the message and after the signer has had an opportunity to review items being signed; and
(4) the recipient has no knowledge or notice that the signer either:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(b) However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.
History:
1997 c 178 s 20; 2000 c 395 s 20
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.20 — Unreliable Digital Signatures.

325K.20 UNRELIABLE DIGITAL SIGNATURES.
Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. If the recipient determines not to rely on a digital signature under this section, the recipient must promptly notify the signer of any determination not to rely on a digital signature and the grounds for that determination. Nothing in this chapter shall be construed to obligate a person to accept a digital signature or to respond to an electronic message containing a digital signature.
History:
1997 c 178 s 21
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.21 — Digitally Signed Document Is Written.

325K.21 DIGITALLY SIGNED DOCUMENT IS WRITTEN.
(a) A message is as valid, enforceable, and effective as if it had been written on paper, if it:
(1) bears in its entirety a digital signature; and
(2) that digital signature is verified by the public key listed in a certificate that:
(i) was issued by a licensed certification authority; and
(ii) was valid at the time the digital signature was created.
(b) Nothing in this chapter shall be construed to eliminate, modify, or condition any other requirements for a contract to be valid, enforceable, and effective. No digital message shall be deemed to be an instrument under the provisions of section 336.3-104 unless all parties to the transaction agree.
History:
1997 c 178 s 22
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.22 — Digitally Signed Originals.

325K.22 DIGITALLY SIGNED ORIGINALS.
A copy of a digitally signed message is as effective, valid, and enforceable as the original of the message, unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, effective, and enforceable message.
History:
1997 c 178 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.23 — Acknowledgments.

325K.23 ACKNOWLEDGMENTS.
Subdivision 1.
Certificates.
Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority satisfies the requirement for an acknowledgment pursuant to section 358.52 of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgment appear with the digital signature and regardless of whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:
(1) verifiable by that certificate; and
(2) affixed when that certificate was valid.
Subd. 2.
Digital signatures.
If the digital signature is used as an acknowledgment, then the certification authority is responsible to the same extent as a notary up to any limit on liability stated in the certification authority's certification practice statement for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or limit, other than as provided in section 325K.17, the effect of this section.
History:
1997 c 178 s 24; 2000 c 395 s 21; 2018 c 176 art 2 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.24 — Presumptions In Adjudicating Disputes; Liability Allocation.

325K.24 PRESUMPTIONS IN ADJUDICATING DISPUTES; LIABILITY ALLOCATION.
Subdivision 1.
Presumptions.
In adjudicating a dispute involving a digital signature, a court of this state presumes that:
(a) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the subscriber listed in it.
(b) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate.
(c) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority:
(1) that digital signature is the digital signature of the subscriber listed in that certificate;
(2) that digital signature was affixed by that subscriber with the intention of signing the message; and
(3) the recipient of that digital signature has no knowledge or notice that the signer:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(d) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system.
Subd. 2.
Liability allocation.
A court of this state shall give effect to liability allocations between the parties provided by contract to the extent not inconsistent with the requirements of this chapter.
History:
1997 c 178 s 25
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.25 — Recognition Of Repositories.

325K.25 RECOGNITION OF REPOSITORIES.
Subdivision 1.
Conditions.
The secretary must recognize one or more repositories, after finding that a repository to be recognized:
(1) is operated under the direction of a licensed certification authority;
(2) includes a database containing:
(i) certificates published in the repository;
(ii) notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates;
(iii) certification authority disclosure records for licensed certification authorities;
(iv) all orders published by the secretary in regulating certification authorities; and
(v) other information adopted by rule by the secretary;
(3) operates by means of a trustworthy system;
(4) contains no significant amount of information that is known or likely to be untrue, inaccurate, or not reasonably reliable;
(5) contains certificates published by certification authorities that conform to legally binding requirements that the secretary finds to be substantially similar to, or more stringent toward the certification authorities, than those of this state; and
(6) keeps an archive of certificates that have been suspended or revoked, or that have expired, within at least the past three years.
Subd. 2.
Application.
A repository may apply to the secretary for recognition by filing a written request and providing evidence to the secretary sufficient for the secretary to find that the conditions for recognition are satisfied.
Subd. 3.
Recognition discontinued.
A repository may discontinue its recognition by filing 30 days' written notice with the secretary. In addition, the secretary may discontinue recognition of a repository in accordance with the Administrative Procedure Act, chapter 14, if it concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary.
History:
1997 c 178 s 26; 1998 c 321 s 29
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325K — Electronic Authentication › Section 325K.27 — Court Rules.

325K.27 COURT RULES.
Nothing in this chapter shall be construed to limit the authority of the supreme court to adopt rules of pleading, practice or procedure, or of the court of appeals or district courts to adopt supplementary local rules, governing the use of electronic messages and documents, including, but not limited to, rules governing the use of digital signatures in judicial proceedings.
History:
1998 c 321 s 30
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.03 — Scope.

325L.03 SCOPE.
(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by:
(1) the Uniform Commercial Code other than section 336.1-306, article 2, and article 2A; and
(2) section 145C.03, subdivision 1, relating to requirements for creation of a health care directive; section 507.24, relating to requirements for recording any conveyance, power of attorney, or other instrument affecting real estate; section 523.23, subdivision 3, relating to requirements for creation of a statutory short form power of attorney; and section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of preferences or instructions regarding intrusive mental health treatment.
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under paragraph (b) to the extent it is governed by a law other than those specified in paragraph (b).
(d) A transaction subject to this chapter is also subject to other applicable substantive law.
(e) This chapter does not apply to the creation and execution of wills, codicils, or trusts other than trusts relating to the conduct of business, commercial, or governmental purposes.
History:
2000 c 371 s 3; 2004 c 162 art 3 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.04 — Prospective Application.

325L.04 PROSPECTIVE APPLICATION.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after August 1, 2000.
History:
2000 c 371 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.05 — Use Of Electronic Records And Electronic Signatures; Variation By Agreement.

325L.05 USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct transactions by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) If a party agrees to conduct a transaction by electronic means, this chapter does not prohibit the party from refusing to conduct other transactions by electronic means. This paragraph may not be varied by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
History:
2000 c 371 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.06 — Construction And Application.

325L.06 CONSTRUCTION AND APPLICATION.
This chapter must be construed and applied to:
(1) facilitate electronic transactions consistent with other applicable law;
(2) be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History:
2000 c 371 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.07 — Legal Recognition Of Electronic Records, Electronic Signatures, And Electronic Contracts.

325L.07 LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
History:
2000 c 371 s 7