reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 303 — Foreign Corporations › Section 303.23 — Certificate Issued By Secretary Of State.

303.23 CERTIFICATE ISSUED BY SECRETARY OF STATE.
Subdivision 1.
Prima facie evidence; recording.
Copies of the certificates certified, and any certificate issued pursuant to the provisions of this chapter, by the secretary of state shall be prima facie evidence of the matters stated therein.
Subd. 2.
Certificate that corporation has no certificate of authority.
A certificate of the secretary of state to the effect that a foreign corporation is not authorized to transact business in this state shall be prima facie evidence of the facts therein stated.
History:
(7495-23) 1935 c 200 s 23; 1976 c 181 s 2; 3Sp1981 c 2 art 1 s 49; 1986 c 444
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 303 — Foreign Corporations › Section 303.24 — Rights Subject To Amendment.

303.24 RIGHTS SUBJECT TO AMENDMENT.
The state hereby fully reserves the right to alter, amend, or repeal the several provisions of this chapter, and all rights and privileges granted or extended hereunder shall be subject to such reserved right.
History:
(7495-26) 1935 c 200 s 26
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.011 — Application And Effect Of Chapter.

304A.011 APPLICATION AND EFFECT OF CHAPTER.
Subdivision 1.
General rule.
This chapter applies to all public benefit corporations.
Subd. 2.
Laws applicable.
Chapter 302A applies to all public benefit corporations and all statutes and rules of law that apply to a corporation formed under chapter 302A also apply to a public benefit corporation. If chapter 302A conflicts with sections 304A.001 to 304A.301, sections 304A.001 to 304A.301 govern. The chapter does not affect a statute or rule of law that applies to a corporation formed under chapter 302A that is not a public benefit corporation.
Subd. 3.
Chapter not to be varied.
A provision of the articles, shareholder control agreement, or bylaws of a public benefit corporation may not limit, be inconsistent with, or supersede a provision of this chapter.
History:
2014 c 172 s 2
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.021 — Definitions.

304A.021 DEFINITIONS.
Subdivision 1.
Terms.
For the purposes of this chapter, unless the language or context clearly indicates that a different meaning is intended, the words, terms, and phrases defined in this section have the meanings given them.
Subd. 2.
General benefit corporation.
"General benefit corporation" means a public benefit corporation that elects in its articles to pursue general public benefit and that may state in its articles a specific public benefit purpose it elects to pursue.
Subd. 3.
General public benefit.
"General public benefit" means a net material positive impact from the business and operations of a general benefit corporation on society, the environment, and the well-being of present and future generations.
Subd. 4.
Independent.
"Independent" means having no material relationship with a public benefit corporation or a parent, a subsidiary, or other affiliate of a public benefit corporation.
Subd. 5.
Minimum status vote.
"Minimum status vote" means that the shareholders shall take action by the affirmative vote of the holders of at least two-thirds of all of the issued and outstanding shares.
Subd. 6.
Organization.
"Organization" means a domestic or foreign business or nonprofit corporation, limited liability company, whether domestic or foreign, partnership, limited partnership, joint venture, association, trust, estate, enterprise, or other legal or commercial entity.
Subd. 7.
Public benefit corporation.
"Public benefit corporation" means a corporation formed under chapter 302A:
(1) that has elected to become subject to this chapter; and
(2) whose status as a public benefit corporation has not been terminated or revoked.
Subd. 8.
Specific benefit corporation.
"Specific benefit corporation" means a public benefit corporation that states in its articles a specific public benefit purpose it elects to pursue, but does not include a general benefit corporation that states in its articles a specific public benefit purpose it elects to pursue.
Subd. 9.
Specific public benefit.
"Specific public benefit" means one or more positive impacts, or reduction of a negative impact, on specified categories of natural persons, entities, communities, or interests, other than shareholders in their capacity as shareholders, as enumerated in the articles of a public benefit corporation.
Subd. 10.
Third-party standard.
"Third-party standard" means:
(1) a publicly available standard or guideline for defining, reporting, and assessing the performance of a business enterprise as a social or benefit corporation;
(2) promulgated by a natural person or an organization; and
(3) that is independent of the public benefit corporation.
History:
2014 c 172 s 3
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.101 — Incorporation Of A Public Benefit Corporation.

304A.101 INCORPORATION OF A PUBLIC BENEFIT CORPORATION.
Subdivision 1.
Incorporation.
A public benefit corporation must be incorporated in accordance with chapter 302A, and its articles must also state that the public benefit corporation is a:
(1) general benefit corporation;
(2) general benefit corporation that also elects to pursue a specific public benefit purpose as stated in its articles; or
(3) a specific benefit corporation that elects to pursue a specific public benefit purpose as stated in its articles.
Subd. 2.
Name requirements.
A public benefit corporation name must comply with the requirements of section 302A.115 other than subdivision 1, paragraph (b), and with respect to:
(1) a general benefit corporation, contain the words "general benefit corporation," or the abbreviation "GBC;" and
(2) a specific benefit corporation, contain the words "specific benefit corporation," or the abbreviation "SBC."
History:
2014 c 172 s 4
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.102 — Election Of Public Benefit Corporation Status.

304A.102 ELECTION OF PUBLIC BENEFIT CORPORATION STATUS.
Subdivision 1.
By amendment.
In accordance with the procedures stated in chapter 302A and with approval by the minimum status vote, an existing corporation formed under chapter 302A may elect to become a public benefit corporation under this chapter by amending its articles to meet the requirements of section 304A.101.
Subd. 2.
By merger, exchange, conversion, or transfer.
(a) This subdivision applies if:
(1) an organization, other than a nonprofit corporation, that is not a public benefit corporation is a party to a merger, exchange, or conversion, or a transfer in accordance with section 302A.601; and
(2) the surviving organization in the merger, the acquiring organization in an exchange, the converted organization in the conversion, or the transferee is to be a public benefit corporation.
(b) If this subdivision applies, the transfer or the plan of merger, exchange, or conversion, must be adopted in accordance with the procedures stated in chapter 302A and with approval by the minimum status vote.
Subd. 3.
Rights of dissenting shareholders.
A shareholder of a corporation or the member of a limited liability company may dissent from, and obtain payment for the fair value of the shareholder's shares or the member's membership interests pursuant to sections 302A.471 and 302A.473, in the event of an election of public benefit corporation status pursuant to this section.
History:
2014 c 172 s 5; 2022 c 55 art 1 s 151
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.103 — Termination Of Public Benefit Corporation Status.

304A.103 TERMINATION OF PUBLIC BENEFIT CORPORATION STATUS.
Subdivision 1.
By amendment.
In accordance with the procedures stated in chapter 302A and with approval by the minimum status vote, a public benefit corporation may terminate its status as a public benefit corporation and cease to be subject to this chapter by amending its articles to delete the requirements of section 304A.101, subdivision 1, and change its name to remove the information required by section 304A.101, subdivision 2.
Subd. 2.
Merger, exchange, conversion, or transfer.
If a merger, exchange, conversion, or transfer would have the effect of terminating the status of a public benefit corporation under this chapter, the transfer or the plan of merger, exchange, or conversion must be approved by the minimum status vote.
Subd. 3.
Rights of dissenting shareholders.
A shareholder of a public benefit corporation may dissent from, and obtain payment for the fair value of the shareholder's shares pursuant to sections 302A.471 and 302A.473 in the event of a termination of public benefit corporation status pursuant to this section.
Subd. 4.
Effects of termination.
A public benefit corporation that terminates its status, or has its status revoked more than once pursuant to section 304A.301, subdivision 5, may not elect to become a public benefit corporation under this chapter until three years have passed since the effective date of termination or revocation.
History:
2014 c 172 s 6
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.104 — Public Benefit Corporation Purposes.

304A.104 PUBLIC BENEFIT CORPORATION PURPOSES.
Subdivision 1.
General benefit corporation purpose.
A general benefit corporation has a purpose of pursuing general public benefit. A general benefit corporation may also state in its articles one or more specific public benefit purposes the general benefit corporation elects to pursue. Purposes under these subdivisions are in addition to the purposes under section 302A.101.
Subd. 2.
Specific benefit corporation purpose.
A specific benefit corporation shall have a purpose of pursuing one or more specific public benefit purposes stated in its articles. Purposes under this subdivision are in addition to the purposes under section 302A.101. The election to pursue a specific public benefit purpose under this subdivision does not require a specific benefit corporation to pursue general public benefit under subdivision 1.
Subd. 3.
Effect of purposes.
The pursuit of general public benefit or a specific public benefit purpose under subdivision 1, or a specific public benefit purpose under subdivision 2, is in the best interests of a public benefit corporation.
Subd. 4.
Amendment of a specific public benefit purpose.
In accordance with the procedures stated in chapter 302A and with approval by the minimum status vote, a general benefit corporation or a specific benefit corporation may amend its articles to add, amend, or delete a specific public benefit purpose unless the amendment would cause a termination of public benefit corporation status under section 304A.103.
History:
2014 c 172 s 7
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.201 — Standard Of Conduct For Directors.

304A.201 STANDARD OF CONDUCT FOR DIRECTORS.
Subdivision 1.
Considerations for a general benefit corporation.
In discharging the duties of the position of director of a general benefit corporation, a director:
(1) shall consider the effects of any proposed, contemplated, or actual conduct on:
(i) the general benefit corporation's ability to pursue general public benefit;
(ii) if the articles also state a specific public benefit purpose, the general benefit corporation's ability to pursue its specific public benefit; and
(iii) the interests of the constituencies stated in section 302A.251, subdivision 5, including the pecuniary interests of its shareholders; and
(2) may not give regular, presumptive, or permanent priority to:
(i) the pecuniary interests of the shareholders; or
(ii) any other interest or consideration unless the articles identify the interest or consideration as having priority.
Subd. 2.
Considerations for a specific benefit corporation.
In discharging the duties of the position of director of a specific benefit corporation, a director:
(1) shall consider the effects of any proposed, contemplated, or actual conduct on:
(i) the pecuniary interest of its shareholders; and
(ii) the specific benefit corporation's ability to pursue its specific public benefit purpose;
(2) may consider the interests of the constituencies stated in section 302A.251, subdivision 5; and
(3) may not give regular, presumptive, or permanent priority to:
(i) the pecuniary interests of the shareholders; or
(ii) any other interest or consideration unless the articles identify the interest or consideration as having priority.
Subd. 3.
Liability.
A director who performs the duties of a director stated in subdivisions 1 and 2 is not liable by reason of being or having been a director of a public benefit corporation.
Subd. 4.
Other applicable law.
The conduct and liability of a director of a public benefit corporation is subject to section 302A.251, subdivisions 1, 2, 3, and 4.
Subd. 5.
Duty of loyalty.
The articles of a public benefit corporation may include a provision that any disinterested failure to satisfy subdivision 1 or 2 of this section shall not, for purposes of this section or section 302A.251, subdivision 4, constitute a breach of the duty of loyalty.
History:
2014 c 172 s 8
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 304A — Minnesota Public Benefit Corporation Act › Section 304A.202 — Right Of Action.

304A.202 RIGHT OF ACTION.
Subdivision 1.
Standing and grounds for claims.
(a) No person other than a shareholder may assert a claim under this chapter or chapter 302A against a public benefit corporation, its directors, or its officers on account of the public benefit corporation's director's or officer's failure to pursue or create general public benefit or a specific public benefit.
(b) A public benefit corporation is not liable for monetary damages under this chapter for any failure of the public benefit corporation to pursue or create general public benefit or a specific public benefit.
Subd. 2.
Grounds for relief.
In addition to the grounds for relief stated in section 302A.751, subdivision 1, paragraph (b), a court may grant relief under this chapter when:
(1) directors or those in control of a public benefit corporation have breached the duties stated in section 304A.201 to a substantial extent and in a sustained manner; or
(2) the public benefit corporation has for an unreasonably long period of time failed to pursue:
(i) in the case of a general benefit corporation:
(A) general public benefit; or
(B) any specific public benefit purpose stated in its articles; and
(ii) in the case of a specific benefit corporation, any specific public benefit purpose stated in its articles.
Subd. 3.
Particular relief available.
(a) In an action under this chapter, in addition to granting any other equitable relief the court deems just and reasonable in the circumstances, the court may:
(1) order the public benefit corporation to terminate its status as a public benefit corporation pursuant to section 304A.103, subdivision 1;
(2) remove one or more directors from the public benefit corporation's board of directors and determine whether the vacancy will be filled:
(i) as provided in section 302A.225; or
(ii) by court appointment, with the appointee to serve only until a qualified successor is elected by the shareholders at the next regular or special meeting of the shareholders;
(3) appoint a receiver of the public benefit corporation to:
(i) wind up and liquidate the activities and business of the public benefit corporation; or
(ii) carry on the business and activities of the public benefit corporation in a manner consistent with this chapter.
(b) Paragraph (a) does not imply any limitations on the relief available in a proceeding brought under section 302A.751 without reference to this chapter.
History:
2014 c 172 s 9
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.01 — Cemetery Associations And Private Cemeteries, How Governed.

306.01 CEMETERY ASSOCIATIONS AND PRIVATE CEMETERIES, HOW GOVERNED.
Public cemetery associations existing on March 1, 1906, shall continue under the forms of organization adopted by them and retain the rights and powers then possessed. Cemetery associations and private cemeteries established after that date shall be organized and governed by this chapter.
History:
(7557) RL s 2935; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.023 — Unused Public Cemetery; Transfer To Operating Public Cemetery.

306.023 UNUSED PUBLIC CEMETERY; TRANSFER TO OPERATING PUBLIC CEMETERY.
Subdivision 1.
Transfer authorized.
A public cemetery association that owns a cemetery in which no interments have been made for 40 years may transfer the cemetery and real estate owned by it, together with funds or property that it possesses, to another public cemetery association or corporation serving the same community in the burial of the dead.
Subd. 2.
Method of transfer.
To accomplish the transfer, the board of trustees of the transferring cemetery association shall adopt a resolution to that effect by an unanimous vote of the board of trustees. The chair or president of the board of trustees and the secretary may then execute the proper instruments and a deed in the name of the association to evidence the transfer. However, the transfer must first have been authorized by a majority vote of all members of the association, present and voting, at any regular meeting or at any special meeting called for that purpose, after written notice to the members specifying the time, place, and purpose of the meeting.
If the association is an unincorporated association, a deed executed in the name of the association by the chair or president and the secretary or treasurer of the board of trustees is a valid conveyance of the lands of the association.
Subd. 3.
Acceptance of transfer.
A public cemetery association or corporation serving the community in the burial of the dead may accept a transfer of a cemetery and its lands, property, and funds. Before a transfer is made, the public cemetery association to which the transfer is being made shall adopt a resolution agreeing to accept the cemetery and its real and personal property and funds and agreeing to operate, maintain, control, and manage the cemetery and administer its property and funds in the name of, and in accordance with the rules and laws governing the accepting public cemetery association.
Subd. 4.
Effect of transfer.
After transfer, lot owners of the former association continue their ownership. They are entitled to the same rights and privileges with respect to their lots accorded to lot owners by the public cemetery association to which the transfer was made and are thereafter subject to all the rules and laws governing the public cemetery association.
History:
1949 c 298 s 1; 1984 c 543 s 13; 1986 c 444; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.027 — Merger Of Cemeteries.

306.027 MERGER OF CEMETERIES.
The ownership of a cemetery owned by a cemetery association or corporation, a municipality or town, a religious corporation, or any other body, or of a privately owned cemetery, may be merged with that of any other cemetery upon the terms set by its governing body, board of trustees, or owner. The surviving association, corporation, municipality, town, religious corporation, or other body or private person owning the cemeteries is subject to the laws appropriate for the particular type of cemetery ownership. No interests of third parties shall be impaired by the merger and after the merger lot owners of the former cemeteries shall continue their ownership and be entitled to the same rights and privileges concerning their lots that were accorded to them under the previous ownership.
History:
1971 c 104 s 1; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.03 — Actuary; Records; Reports.

306.03 ACTUARY; RECORDS; REPORTS.
Every such corporation, including any person, firm, partnership, association, or corporation owning or operating a mausoleum or columbarium, shall, in addition to its ordinary corporate officers, annually appoint an actuary or provide by its bylaws that its secretary shall perform the duties of an actuary. The actuary shall keep a register of burials, entering (1) the date of burial, entombment, or cremation and (2) the name, age, sex, nativity, and cause of death of every person interred or cremated in the cemetery. These facts must be registered so far as they can be ascertained from the friends, attending physician, or undertaker in charge, and in case of a pauper, stranger, or criminal, from the public official directing the burial. The record shall be open to public inspection, and the actuary shall give the state commissioner of health and to local agents of a community health board as authorized under section 145A.04, upon their request, an accurate summary of the record during any specified year.
History:
(7559) RL s 2937; 1933 c 65 s 1; 1953 c 699 s 13; 1955 c 4 s 7; 1969 c 275 s 11; 1977 c 305 s 45; 1986 c 444; 1987 c 309 s 24; 1988 c 469 art 5 s 1; 1988 c 509 s 3; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.04 — Failure To Keep Register; Forfeiture.

306.04 FAILURE TO KEEP REGISTER; FORFEITURE.
Every actuary, or secretary performing the duties of an actuary, failing to keep a register of burials and to record in it all interments and cremations, shall forfeit not less than $2 nor more than $10 for every failure to keep a register or record the required information for the benefit of the school fund of the district in which the cemetery, mausoleum, or crematory is located.
History:
(7560) RL s 2938; 1988 c 469 art 5 s 1; 1988 c 509 s 4
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.05 — Land Acquired For Cemetery Purposes.

306.05 LAND ACQUIRED FOR CEMETERY PURPOSES.
Every such corporation may own, by purchase or gift, in the county where it is located and in an adjoining county, a maximum of 300 acres of land to be used and occupied exclusively for the burial or cremation of the dead and for other purposes necessary or proper to those purposes. Land required for that purpose must be surveyed and divided into lots of a size determined by the trustees, with the avenues, alleys, and walks they consider proper. A map of the survey must be filed with the county recorder of the county where the cemetery is located. When the corporation desires to enlarge its cemetery and cannot agree with the owners of the land desired for the cemetery, the land may be acquired under the power of eminent domain. However, public necessity, propriety, and convenience requiring the proposed enlargement, together with the boundaries of the cemetery, shall be first established and determined as issues of fact.
History:
(7561) RL s 2939; 1941 c 240; 1976 c 181 s 2; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.06 — Conveyance Of Certain Lands To Cemetery Associations.

306.06 CONVEYANCE OF CERTAIN LANDS TO CEMETERY ASSOCIATIONS.
When land located within a town or statutory city has before 1870 been devoted to and used by the public without restriction as a cemetery, the governing body of the town or city where the land is located may convey the land to a cemetery association organized to acquire the land for cemetery purposes. The governing body may decide the terms of the conveyance.
History:
(7561-2) 1937 c 45 s 1; 1973 c 123 art 5 s 7; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.07 — Fraternal Corporations To Transfer Lands For Cemetery Purposes.

306.07 FRATERNAL CORPORATIONS TO TRANSFER LANDS FOR CEMETERY PURPOSES.
A fraternal corporation organized under state law that acquired land upon which it established a cemetery before 1885 and that operated a cemetery after that date may convey to a corporation incorporated under state law to operate a public cemetery, any part of the cemetery that the corporation has not conveyed to individuals to be used for the burial of the dead. The corporation may also convey all its interest in any part of the cemetery that has previously been conveyed by the public cemetery association, without ownership or control of it, to individuals to be used for the burial of the dead.
History:
(7561-3) 1937 c 207 s 1; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.08 — Lands To Be Subject To Rules Of Cemetery Associations.

306.08 LANDS TO BE SUBJECT TO RULES OF CEMETERY ASSOCIATIONS.
A conveyance by a fraternal corporation may transfer all right, title, and control in the acquired land that is devoted to cemetery purposes. Upon transfer, the public cemetery association to which the conveyance is made acquires and may exercise all of the rights, privileges, and control that the fraternal corporation previously had, and the cemetery and all premises constituting it are subject to the rules of the cemetery association.
History:
(7561-4) 1937 c 207 s 2; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.09 — Sale Of Lots.

306.09 SALE OF LOTS.
After the filing of a map under section 306.05 the trustees may sell and convey the lots designated on the map upon terms and conditions as they determine. Every conveyance of a lot must be expressly for burial purposes and no other and must be in the corporate name of the association and signed by its president or vice-president and by its treasurer or secretary.
History:
(7562) RL s 2940; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.10 — Use Of Funds; Grants In Trust.

306.10 USE OF FUNDS; GRANTS IN TRUST.
Proceeds from the sales of lots and personal property not invested as hereinafter provided shall be applied solely to pay debts incurred in purchasing cemetery grounds and property, to fence, improve, and beautify the grounds and the avenues leading to the grounds, and to defray the necessary expenses of their management and care. Real or personal property given to an association to maintain a monument or to keep or improve grounds within the cemetery must always be applied to the uses for which the property was given.
History:
(7563) RL s 2941; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.11 — Vacancies; Annual Meeting; Report Of Trustees.

306.11 VACANCIES; ANNUAL MEETING; REPORT OF TRUSTEES.
The certificate of incorporation may provide that vacancies among the associates must be filled by the remaining associates and that at all elections after the first the trustees shall be chosen from the associates or it may provide that they shall be chosen by and from the lot owners. When there are two or more owners of a lot they shall select one to represent them and to vote at an election. The trustees may fill any vacancy occurring in their own number for the unexpired term. Public notice of every annual election must be given in the manner prescribed in the bylaws. If for any reason the annual election is not held on the day fixed in the certificate of incorporation, the trustees may set another time, not more than 60 days after the date provided in the certificate, and must give public notice of that date. However, the term of office shall be the same as if the person were elected at the regularly scheduled annual election.
At each annual meeting the trustees shall make a written report of their official acts and of the affairs of the association, with an account of all receipts and expenditures during the preceding year.
History:
(7564, 7565) RL s 2942, 2943; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.111 — Vacancies Among Associates, Procedure For Filling.

306.111 VACANCIES AMONG ASSOCIATES, PROCEDURE FOR FILLING.
Subdivision 1.
Authorization.
An incorporated public cemetery association without capital stock, organized under state law, which has acquired a burial site and sold lots in it and for which a majority of the associates of the corporation are deceased or have for three years or more not acted as associates, may by a meeting of the lot owners of the cemetery fill the vacancies among the associates.
Subd. 2.
Notice of meeting.
Three or more lot owners of the cemetery may mail notice to all the lot owners known to them or whose addresses appear in the cemetery records that a meeting of the lot owners will be held not less than 14 days after the mailing at a time and place to be fixed by them and designated in the notice, in the county where the cemetery is located, for the purpose of filling the vacancies among the associates.
Subd. 3.
Meeting.
The meeting must be held at the time and place provided in the notice. An owner of one or more lots in the cemetery may attend in person or by proxy and is entitled to one vote at that and all subsequent meetings of the lot owners. The meeting may be called to order by any lot owner and shall be organized by choosing in the usual manner a chair and a secretary. The meeting must then proceed to fill the vacancies among the associates. A voice vote must be used unless otherwise ordered by those present at the meeting. A majority of the lot owners voting at the meeting shall elect.
Subd. 4.
Certificate; contents.
The chair and the secretary of the meeting shall, within five days after the meeting is held, prepare a certificate that recites the facts required by subdivision 1. It must also state that the meeting was held, giving the names of the chair and the secretary and the names of the lot owners present and voting. However, if more than ten are present and voting, the names of ten of the voters are sufficient, but in that case the number of lot owners present and voting must be stated. The certificate must also give the names of the persons elected as associates. The certificate must be recorded at length in the office of the county recorder in the county where the cemetery is located. The certificate or the record of it is prima facie evidence of all the facts stated in it that are required to be stated.
Subd. 5.
Powers of associates.
The associates elected at the meeting of the lot owners shall exercise the powers of associates provided by law and the articles of incorporation of the association, and fill any vacancy in the board of directors or trustees of the association.
History:
1959 c 7 s 1-5; 1976 c 181 s 2; 1984 c 543 s 14; 1986 c 444; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.12 — Action For Damages.

306.12 ACTION FOR DAMAGES.
Every such cemetery association may recover, in its own name, all damages resulting from injury to or destruction of any stone, monument, building, fence, railing, or other work for protection or ornament, or any tree, shrub, or plant within the limits of the cemetery.
History:
(7566) RL s 2944; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.14 — Taxes; Roads; Special Assessments.

306.14 TAXES; ROADS; SPECIAL ASSESSMENTS.
Subdivision 1.
Tax exemption.
The lands and property of any such cemetery association are exempt from all public taxes and assessments, and shall not be sold on execution against the association or any lot owner. The owners of cemetery lots, their heirs or legal representatives, may hold the lots exempt from taxation so long as the lots are used for a cemetery. No road or street shall be laid through the cemetery, or any part of the lands of the association without the consent of the trustees.
Subd. 2.
Special assessments.
Subdivision 1 does not exempt cemetery property owned or leased by a corporation, association, partnership, proprietorship, or other organization from any special assessment unless the corporation, association, partnership, proprietorship or other organization:
(1) was formed for a purpose not involving pecuniary gain to its shareholders or members; and
(2) pays no dividends or other pecuniary remuneration directly or indirectly to its shareholders or members as such.
History:
(7568) RL s 2946; 1969 c 980 s 1; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.15 — Lots, Conveyance.

306.15 LOTS, CONVEYANCE.
(a) When a lot in a cemetery, or an entombment or inurnment space in a mausoleum, has been sold or conveyed for burial purposes, the lot, entombment, or inurnment space is then inalienable, except as provided in this section.
(b) The original purchaser of the lot, entombment, or inurnment space may sell or convey any part of it to the cemetery that is not actually occupied by interments or by entombed or inurned human remains.
(c) A person who has inherited the lot, entombment, or inurnment space may sell or convey any part of it to the cemetery that is not actually occupied by interments or by entombed or inurned human remains.
(d) When, by the consent of the owner, the lot, entombment, or inurnment space will be solely used by some other person as a family burial place, the owner may convey it to the person so using it.
(e) There must be filed with the cemetery a copy of an agreement of sale signed and acknowledged by the owner (and spouse, if any) and the proposed purchaser, transferring title to the cemetery and requesting that the cemetery issue a new conveyance of the lot or space directly to the purchaser in consideration of the payment by the purchaser to the owner of a specified price which must not be more than the price that would be charged by the cemetery in its sale of a similar lot or space.
Upon filing the agreement, a reasonable transfer and service charge of not more than $15 must be paid to the cemetery and the cemetery shall then promptly issue a conveyance of the lot or space to the designated purchaser.
(f) The cemetery may use any of its funds to repurchase lots, entombments, or inurnment spaces, as provided herein, and may hold or again sell and convey them.
History:
(7569) RL s 2947; 1943 c 253 s 1; 1951 c 492 s 1; 1967 c 623 s 1; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.155 — Correction Of Interment Errors.

306.155 CORRECTION OF INTERMENT ERRORS.
Subdivision 1.
Requirement.
If the operator of a cemetery is informed or becomes aware that it has interred or permitted the interment of a body or remains in the wrong burial space, unless the interested parties have agreed otherwise in writing, it shall disinter the burial container wrongfully interred, identify the burial container, and reinter it in the proper burial space. The cemetery must give reasonable notice, in advance of the disinterment, to the person or persons legally entitled to control the body or remains of the deceased person and, if requested, the owner of the burial space.
Subd. 2.
Witnesses.
At the time specified for the disinterment and reinterment, the cemetery must permit the person or persons legally entitled to control the body or remains and, if requested, the owner of the burial space to witness the disinterment and reinterment.
Subd. 3.
Costs.
The cemetery must bear all costs of the disinterment and reinterment.
History:
2003 c 48 s 1; 1Sp2003 c 23 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.16 — Title To Burial Lots Regained By Association; Procedure.

306.16 TITLE TO BURIAL LOTS REGAINED BY ASSOCIATION; PROCEDURE.
Subdivision 1.
Authority.
If a cemetery association organized under state law or a public cemetery operated by a municipality or other entity has before March 1, 1906, conveyed to a person the right of burial in any platted lot or designated piece of ground within the cemetery, and the deed or conveyance from the cemetery provides that the lot is held subject to the rules, bylaws, and regulations of the cemetery and the deed or the rules, bylaws, or regulations further provide for the payment of an annual charge for the care, upkeep, and maintenance of the lot, and the owner of the lot named in the deed or conveyance does not pay the annual charge for a period of ten successive years, the cemetery association or municipally-owned cemetery may reinvest itself with the title to the part of the cemetery lot not used for burial purposes, in the manner hereinafter set forth.
Subd. 2.
Procedure.
The association or municipally owned cemetery may serve upon the owner of the lot, in the manner prescribed by law for the service of a summons in a civil action, a notice specifying the amount unpaid for care of the lot, and specifying a time within which the amount must be paid to the secretary of the association or the proper officer of the municipally-owned cemetery, which shall not be less than 30 days from the date of the service of the notice. The notice must also provide that if the owner of the lot fails to pay the amount within the specified time, the association or municipally-owned cemetery will take the necessary steps to reinvest itself with the title to the part of the cemetery lot not actually used for burial purposes. If the owner of the lot fails to pay the amount within the time specified in the notice, the board of trustees of the cemetery may, by resolution adopted at any regular meeting of the board of trustees, set forth the failure to pay the charges for lot care, the service of the notice, and declare the portion of the lot unused for burial purposes, describing it by metes and bounds in the resolution, to be the property of the association or the municipally owned cemetery.
Subd. 3.
Service by publication.
If the return of the sheriff of the county in which the cemetery is located shows that the owner of the lot is not a resident of the county and cannot be found in it, then the association or public cemetery may have the notice published in a legal newspaper within the county for the period of three weeks. The notice shall specify a time for payment, at least 30 days after the completed service of the notice by publication. After the expiration of the time specified in the notice, the board of trustees may adopt the resolution provided in subdivision 2 and reinvest the association or municipality with the title to the part of the cemetery lot unused for burial purposes.
History:
(7570, 7571) 1921 c 167 s 1,2; 1949 c 163 s 1; 1984 c 543 s 15; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.17 — Records Of Association.

306.17 RECORDS OF ASSOCIATION.
All notices, with the proof of service or publication, and all resolutions adopted by the board of trustees of the association or public cemetery under section 306.16, subdivision 2, shall be made a part of the records of the association or public cemetery. When the deed or conveyance from the association or public cemetery to the lot owner appears in the record in the registry of deeds of the county, a copy of the resolution, certified to the secretary of the cemetery association or public cemetery, and a copy of the printed notice with the sheriff's return, shall be placed in the records of the registry of deeds.
History:
(7572) 1921 c 167 s 3; 1949 c 163 s 2; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.18 — Description Of Lots In Notice And Proceedings.

306.18 DESCRIPTION OF LOTS IN NOTICE AND PROCEEDINGS.
The notice and proceedings under sections 306.16 to 306.20, concerning cemetery lots, shall distinctly describe by metes and bounds the part of a cemetery lot unused for burial purposes. The association or public cemetery shall leave sufficient passage to and from any grave upon the lot, either by dedicated streets or alleys in the cemetery or by leaving unused a part of the cemetery sufficient for that purpose.
History:
(7573) 1921 c 167 s 4; 1949 c 163 s 3; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.19 — Limitation.

306.19 LIMITATION.
Sections 306.16 to 306.20 do not apply to a lot in a cemetery for which a perpetual care contract has been entered into between the cemetery association and the lot owner.
History:
(7574) 1921 c 167 s 5; 1949 c 163 s 4; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.20 — Reinvestment; Redemption.

306.20 REINVESTMENT; REDEMPTION.
Compliance with sections 306.16 to 306.20 reinvests the association or municipality with, and divests the record owner and dependents of, the title to the part of the cemetery lot unused for burial purposes as though the lot had never been conveyed to any person. The association or municipality then owns the reclaimed part of the lot for its own purposes, subject to state law and to the charter, bylaws, rules, and regulations of the association or municipality. The association or municipality may not transfer the title of the lot for one year after the adoption of the resolution provided for in section 306.16. If during the one-year period a person entitled by state law to the cemetery lot pays to the association or public cemetery all the unpaid lot care, the expenses of the service of the notice provided for in section 306.16, and any additional amount due for lot care after the date of the notice under the bylaws, rules, and regulations of the cemetery association or public cemetery, and contracts and pays for the perpetual care of the lot, the association or cemetery shall reconvey the lot to the person lawfully entitled to it.
History:
(7575) 1921 c 167 s 6; 1949 c 163 s 5; 1986 c 444; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.22 — Action To Quiet Title.

306.22 ACTION TO QUIET TITLE.
If, for 30 days after May 1 following service or publication, the party or parties fail to conform with the demands of the resolution authorized by section 306.21, the rights of the party or parties may be considered abandoned, and the corporation may, with the approval of its governing board, bring an action in the district court of the county against all parties in default, uniting as many parties in default as it may desire in one action, to have their rights in the lots or parcels terminated and the property restored to the corporation free of any right, title, or interest of the parties, their heirs or assigns. The action in all other respects must be brought and determined in the same manner as ordinary actions to determine title to real estate. However, that part of a tract in which a body lies buried must not be included in any of these proceedings. Sufficient ground must be left adjoining the grave or burial place to provide a proper approach. The excepted portions, if any, must be particularly and fully described.
History:
(7577) 1921 c 358 s 2; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.23 — Evidence Of Abandonment.

306.23 EVIDENCE OF ABANDONMENT.
In all cases brought under section 306.22, the following facts are prima facie evidence that the grantee or holder has abandoned the lot:
(1) the fact that the grantee or holder has not used portions of the lots or parcels for burial purposes for more than 75 years in counties having a population over 50,000 according to the 1960 federal decennial census, and 50 years in all other counties, and during that time has not made any provision for the care of the lots beyond that provided uniformly to all lots within the cemetery, and during that time has not given to the corporation a written notice of claim or interest in the lots or parcels; or
(2) the fact that the party has, for a term of 20 years or more, not used the plot or definite parts of it and has failed to keep the lot or parts of it clear of weeds or brush.
History:
(7578) 1921 c 358 s 3; 1969 c 311 s 2; 1988 c 469 art 5 s 1
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.24 — Recording Of Judgment.

306.24 RECORDING OF JUDGMENT.
A certified copy of the judgment in an action to quiet title under section 306.22 may be recorded in the office of the county recorder in the county in which the parcel is located.
History:
1921 c 358 s 4; 1976 c 181 s 2; 1988 c 469 art 5 s 1; 2005 c 4 s 42
2023 Minnesota Statutes › Chapters 300 - 323A — Business, Social, And Charitable Organizations › Chapter 306 — Public Cemeteries › Section 306.241 — Deposit Of Net Proceeds From Lot Resales.

306.241 DEPOSIT OF NET PROCEEDS FROM LOT RESALES.
The proceeds from the subsequent resale of lots or parcels the title to which has revested in the corporation under sections 306.21 to 306.24, or 306.242, less the costs and expenses incurred in proceedings approved by the district court, become a part of the permanent care and improvement fund of the corporation.
History:
1969 c 311 s 3; 1983 c 149 s 1; 1988 c 469 art 5 s 1