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Minnesota Subcontractor's Request for Information - Corporation or LLC

Minneapolis Minnesota Subcontractor's Request for Information - Corporation or LLC

Name: Minneapolis Minnesota Subcontractor's Request for Information - Corporation or LLC
Brand: US Legal Forms
Rating: 4.79 (440 reviews)

Category:

Liens - Construction - Mechanics

State:

Minnesota

City:

Minneapolis

Control #:

MN-03A-09

Format:

Instant download

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Description

Minnesota law contains provisions whereby contractors, subcontractors, and property owners, are all legally obligated to provide one another with information required to protect their various interests. In this form, a subcontractor demands to know the name and address of the property owner, in order to keep the owner advised as to labor and materials furnished by the subcontractor. The contractor has ten days to respond or become liable for any damages that the subcontractor suffers as a result.

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FAQ

Contractor Affidavit. This Contractor Affidavit must be certified by the Minnesota Department of Revenue before the state of Minnesota or any of its subdi- visions can make final payment to contractors. For more detailed information, see the instructions on the back of this form. Company name.

Business Filing & Certification Fee Schedule Assumed Name - Chapter 333Mail Filing FeeIn Person and Online Filing Fee (Not Available online)Articles of Incorporation - Original Filing$60.00$80.00Amendment$35.00$55.00Annual Renewal$0$0Annual Reinstatement$25.00$45.00160 more rows

A limited liability company (LLC) is a business structure that blends some of the characteristics of corporations and partnerships. LLCs that are based in Minnesota or do business in Minnesota but based in another state must file its Articles of Organization with the Minnesota Secretary of State.

Business profits are taxed at the owners' personal tax rates. However, if an LLC elects to be taxed as a C corporation, it must pay federal corporate income tax and a flat 9.8% Minnesota corporate franchise tax.

Here's a list of the cheapest states to start a business and some reasons why they may be an ideal place for a business formation. Iowa ? LLC Filing fee: $50.Montana ? LLC Filing fee: $50.Utah ? LLC Filing fee: $70.California ? LLC Filing fee: $70.Delaware ? Filing fee: $90.Indiana ? Filing fee: $95.

The main cost of forming a limited liability company (LLC) is the state filing fee. This fee ranges between $40 and $500, depending on your state. There are two options for forming your LLC: You can hire a professional LLC formation service to set up your LLC (for an additional small fee).

How much does it cost to form an LLC in Minnesota? The Minnesota Secretary of State charges $135 to file the Articles of Organization by mail and $155 to file online or in-person. You can file an LLC name reservation for $50 if filed by mail and $55 if filed online or in-person.

There is no fee for filing the annual renewal if the entity is active and in good standing.

Contractors looking to apply for a license will go through Minnesota's Department of Labor and Industry. General contractors will need a residential building license, while subcontractors performing work in more than one of the following trades also require a license: Excavation.

Just follow these six steps, and you'll be on your way. Name Your Minnesota LLC.Your LLC must establish a registered office.Prepare and File Articles of Organization.Receive a Certificate From the State.Create an Operating Agreement.Get an Employer Identification Number.

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Prime General Contractors LLC is proactive. Exhibit 3 – Equity Plan Form.Proposer should fill out the form providing the information requested regarding its planned compliance with the Equity Plan. They will be able to complete the work required as requested without additions. Lutheran Social Service of Minnesota expresses the love of Christ for all people through service that inspires hope, changes lives, and builds community. See Seelye Drywall LLC's past jobs, project performance, and how they compare to other subs. Find information on past projects, references, and partners. Com, 1-866-201-0580. Ironmark Building Company provides Minneapolis with experienced design-build construction, owner representation, and subcontractor management. Prime General Contractors LLC is proactive.

Exhibit 3 — Equity Plan Form. Proposer should fill out the form providing the information requested regarding its planned compliance with the Equity Plan. They will be able to complete the work required as requested without additions. Lutheran Social Service of Minnesota expresses the love of Christ for all people through service that inspires hope, changes lives, and builds community. See lye Drywall LLC's past jobs, project performance, and how they compare to other subs. Find information on past projects, references, and partners. This website does not warrant the operation of this site. Use of this website is at your own risk. We reserve the right to modify our practices at any time.

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Subcontractor's Request for Information - Corporation or LLC

Note: This summary is not intended to be an all-inclusive discussion of Minnesota's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can claim a lien in this state?

Minnesota law permits any party who performs engineering or land surveying services with respect to real estate, or contributes to the improvement of real estate by performing labor, or furnishing skill, material or machinery for any of the purposes hereinafter stated, whether under contract with the owner of such real estate or at the instance of any agent, trustee, contractor or subcontractor of such owner, to have a lien upon the improvement. M.S.A. Â§514.01

How long does a party have to claim a lien?

A lien claimant must file a statement of Lien within one hundred twenty (120) days of the completion of work or forfeit his/her claim of lien. M.S.A. Â§514.08(1).

By what method is a lien filed in this state?

A statement of Lien must be filed with the county recorder within one hundred and twenty (120) days of the completion of work. A copy of the statement must be served personally or by certified mail upon the owner or his agent. M.S.A. Â§ 514.08.

How long is a lien good for?

Minnesota requires a lien claimant to bring a legal action to enforce the lien within one (1) year of the date of the last labor, skill, or material provided. M.S.A. Â§ 514.12.

Are liens assignable?

Minnesota statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.

Does this state require or provide for a notice from contractors and subcontractors to property owners?

Yes. Minnesota law provides for a series of notices between contractors, subcontractors and property owners. First, a contractor must provide the form language contained in M.S.A. Â§514.011 advising the property owner of his rights and the possibility of a lien. If there is a contract, this notice must be included with the contract. If not, it must be supplied separately.

Second, in order for a subcontractor to be eligible to claim a lien, the subcontractor must have provided notice to the property owner within forty-five (45) days of the beginning of work. The form of this notice is contained in statute Â§514.011(2) and advises the property owner of the right to pay subcontractors directly.

Third, Minnesota statutes provide for a subcontractor to demand that the contractor provide the name and address of the property owner. Failure of the contractor to provide this information renders the contractor liable for any damages the subcontractor suffers as a result of the refusal. M.S.A. Â§514.011(3)

Finally, a subcontractor who has not been paid may provide notice of the non-payment directly to the property owner. M.S.A. Â§514.02(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Property owners may, within fifteen days of the completion of the contract, demand that any party having a lien furnish the owner with an itemized account of the lien, the total amount due, and the full name and address of the lien claimant. Lien claimants may not enforce their lien through legal action until this information is provided.

Also, Minnesota statutes provide for a notice from the property owner to the contractor advising that a subcontractor has not been paid. M.S.A. Â§514.02(2).

Does this state require a notice prior to starting work, or after work has been completed?

No. Minnesota statutes do not require a Notice of Commencement or a Notice of Completion as required in some other states.

Does this state permit a person with an interest in property to deny responsibility for improvements?

Yes. Minnesota statutes permit a party with an interest in property being improved to serve notice on the parties improving the property that the interested party will not be responsible and will not be subject to a lien. This notice must be provided by certified mail, personal service, or posting on the property within five (5) days of discovery that the work is taking place by the party in interest. M.S.A. Â§514.06.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Minnesota statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect. However, please see MN-10-09 Release of Lien as an example of a form that could be used by a lien holder to provide a property owner with documentation that the lien has been satisfied after payment in full.

By what method does the law of this state permit the release of a lien?

As stated above, Minnesota statutes have no specific provision for the release of a lien, other than the automatic dissolution that occurs if a lien statement is not filed within one hundred twenty (120) days of the completion of work, or if suit to enforce the lien is not brought within one (1) year.

Does this state permit the use of a bond to release a lien?

No. Minnesota law does not have a provision under which a bond may be filed for the purposes of releasing a lien.