§ 300.76 — Final Order
Plain-Language Summary
The Secretary of State issues a final order declaring a filing fraudulent or dismissing the complaint.
300.76 FINAL ORDER.
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Subdivision 1.Filings deemed fraudulent.
(a) If the office deems a filing fraudulent under section 300.74 or 300.75, the office must issue a final order under this subdivision. The final order must provide the office’s rationale for deeming the filing fraudulent.
(b) When a filing is deemed fraudulent pursuant to a final order under this subdivision, the filing must be treated for legal purposes as if the filing never existed. In the case of a business registered using a Minnesota resident’s name, address, or identity without the resident’s authorization, the business is deemed dissolved.
(c) When a filing is deemed fraudulent pursuant to a final order, the office must:
(1) mark the unauthorized filing or the business record as unauthorized or fraudulent;
(2) redact names and addresses that were used without authorization; and
(3) retain a copy of the final order.
(d) In addition to the actions in paragraph (c), the office may:
(1) disable additional filing functionality on the business entity’s record; or
(2) take other action the office deems necessary to prevent further unauthorized filings, protect private information, or prevent misuse of unauthorized information. §
Subd. 2.Filings deemed not fraudulent or insufficient evidence.
If the office determines that a filing is not fraudulent or that insufficient information is available to make a determination, the office must issue a final order stating that the office is not removing the filing from the database. The final order must provide the office’s rationale for determining that the filing is not fraudulent or that insufficient information is available to make a determination.
History:
History: History:
2025 c 39 art 5 s 10