Topic: formation
- Form a Minnesota cooperative under Chapter 308B guides
A 13-step path from idea to open for business, with the statute section, the agency, the fee and the usual mistake at each step.
- Choose a cooperative type and chapter guides
How to decide between chapters 308B, 308A and 308C, and how to describe a worker, consumer or producer cooperative inside 308B.
- Formation timeline for a 308B cooperative reference
The order of events for forming a Chapter 308B cooperative, from choosing a name to first distributions, with the statute section or official source behind each step.
- Write the articles of organization guides
What a 308B cooperative's articles must contain, what the SOS form asks for, and what to leave to the bylaws.
- Write the bylaws guides
What § 308B.241 requires in a cooperative's bylaws, when they must be adopted, and who can amend them.
- Hold the organizational meeting guides
The first board action after filing: what § 308B.205 says to cover, notice rules, and what to put in the minutes.
- Document checklist for forming and running a 308B cooperative reference
A checklist of the documents and records a Chapter 308B cooperative must or may have, with the statute section or official form behind each item and a note on whether it is required, conditional or practice.
- Can I use the word "cooperative" in the name of my business? faq
Chapter 308A restricts the word, and a 308B cooperative appears to qualify, but the restriction is not written in chapter 308B so ask counsel if the name matters.
- Can one person form a cooperative in Minnesota? faq
One adult can be the organizer who files the articles, and a cooperative needs only one member, but the board must still meet the minimum size in the statute.
- Do I need a lawyer to form a cooperative in Minnesota? faq
Chapter 308B does not say a lawyer must prepare or file the articles, but securities and tax questions are the places we recommend professional advice.
- How long does it take to form a cooperative in Minnesota? faq
SOS lists typical online processing of 2 to 5 business days, in-person service by appointment while you wait, and nonexpedited mailed filing; drafting time is separate.
- How many members does a Minnesota 308B cooperative need? faq
At least one: chapter 308B says a cooperative must have one or more members.
- How much does it cost to form a cooperative in Minnesota? faq
The Secretary of State filing fee for chapter 308B articles of organization is $60 by mail or $80 online or in person, plus any lawyer, tax and securities costs.
- § 308B.115 Registered Office And Agent statute
Every 308B cooperative must have a registered office; a registered agent is optional, and office and agent changes follow section 5.36.
- § 308B.201 Organizational Purpose statute
A 308B cooperative may be organized on a cooperative plan for any lawful purpose, including marketing or processing members' products and providing products, supplies and services to members.
- § 308B.205 Organizers statute
One or more adult individuals can organize a 308B cooperative; they need not be members, and after the articles are filed they must hold an organizational meeting or take written action to finish setting up.
- § 308B.211 Cooperative Name statute
A cooperative's name must be distinguishable on the secretary of state's records from existing business entity names and reserved names, and the name is reserved for the cooperative while it exists.
- § 308B.215 Articles Of Organization statute
The articles of organization must state the cooperative's name, purpose, organizers, any limited duration, registered agent if any, and registered office; filing them with the secretary of state creates the cooperative.
- § 308B.231 Curative Filing statute
If the secretary of state decides a cooperative's filing was made in error, it may revoke and expunge the filing and allow a curative filing; the statute text sets a $500 fee for that process.
- § 308B.235 Existence statute
A 308B cooperative exists from the moment its articles are filed with the secretary of state, and lasts forever unless the articles set a limited duration.