– Legal Insights –
When a professional forms, operates, or transfers a firm, compliance requires more than simply following the laws governing corporations, limited liability companies, or limited liability partnerships. If the firm provides certain professional services, it may also be subject to the Minnesota Professional Firms Act (“MPFA”), codified at Minn. Stat. ch....
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After 32 years, Chief Bankruptcy Judge Gregory F. Kishel is retiring on May 31, 2016. He started as a parttime Bankruptcy Judge in May 1984 serving in Duluth, Minnesota. He was appointed to a full-time bankruptcy judgeship in St. Paul in 1986. It was a period of transition and turmoil....
Share Certificates and Estate Planning, Monthly Fees and Carrying Charges, and Occupancy Agreements Share Certificates and Estate Planning Q: Most cooperative bylaws prohibit anyone who is not a member from serving on the board of directors. But a growing number of cooperative members are altering the ownership of their share...
“Birds sit brooding in the snow.” W. Shakespeare, Love’s Labour’s Lost Vii (1595) This is the time of year when snowbirds flock back to Minnesota. While there is no precise figure of Minnesotans who migrate to more balmy climates during the late fall and winter before returning to their Minnesota...
One of the reasons many people choose to live in a community association is the aesthetic appeal—home styles are complementary, with similar features, perhaps similar colors and/or layouts. In order to maintain that aesthetic uniformity, the Association must be involved in any planned changes to a home’s exterior or to...
As we approach spring and look forward to the annual spring walk-through and start planning maintenance, repair and replacement projects for the coming year, boards and managers will be faced with a number of decisions, as well as bids and proposals from various vendors and contractors. How do you...
Several years ago, as bank financing dried up and job lay-offs increased, more and more individuals turned to using their traditional or rollover IRAs for capital investment in a business or real estate. However, the rules for making those self-directed investments have been difficult to follow and it has been...
As most real estate professionals know, under Minnesota law, sellers of Minnesota real estate – as well as the agents involved – are required to make disclosures regarding conditions that may affect the use and enjoyment of a property. Understanding disclosure requirements will enable agents to be more effective in...
Minnesota recently joined over 25 other states in taking action to put those claiming disability benefits on a more level playing field. The new law, which became effective January 1, 2016, prohibits disability benefit policies from containing language that will give insurers deference in their decision making. Minnesota had enacted...
1. Who decides if I am entitled to disability benefits? The benefit plan document provides all the eligibility requirements and is the governing document. The plan document should also state who makes decisions regarding your benefits. That person or entity is known as a fiduciary, and is typically an employer...
The announcement last month by Cargill that it is changing its policy prohibiting employees from reapplying for work with the agriculturally franchised and industrial giant for 30 days, instead of 180 days, if they are discharged for attendance reasons, highlights the issue of companies refusing to hire former workers. The...