Minnesota Secretary Of State - Business Identity Recovery Skip to main content
Business & Liens

Business Identity Recovery

Starting on January 1, 2026, Minnesota will have new legal protections for business owners who have become victims of business identity theft. After hearing from impacted business owners frustrated by the lengthy and expensive process to correct their records, the Office of the Minnesota Secretary of State created a proposal to prevent and support victims of business identity theft. The proposal was passed into law with bipartisan support as the Business Filing Fraud Prevention Act. 

Victims of business identity theft have reported unfamiliar businesses operating under their names, unauthorized use of their home addresses, and dormant companies being reactivated without their consent. Victims often faced debts, collection calls, or damaged credit histories - all without a clear path to resolution. Previously, the only options were costly court actions or law enforcement intervention.

Under the new law, business owners will be able to report wrongful filings to the Office of the Minnesota Secretary of State, which will investigate and terminate filings if they are found to be fraudulent. 

 

 

You can search for a business’s filing history at sos.mn.gov/findabiz. Your business filing number is located on the Business Record Details page. The business filing history is located under the filing details, including dates of the filings. Click the Renewal History tab for information on when the business has been renewed. 

 

If someone has used your name, address, or other personal information in a business filing without your permission or made a change to your business without your permission, you may have been the victim of business identity theft.

Examples of this include:

  • Your name was listed as a business’s registered agent or organizer without your permission. 
  • Your address was used as the business’s principal office or registered office without your permission. 
  • A business was created using your identity or your business’s information. 
  • An existing business record was changed without your permission. 

If you have reviewed the filing, ensured that you were not involved in the filing, and it was not completed by a professional on your behalf, such as an attorney or public accountant, starting on January 1, 2026, you can file a Declaration of Wrongful Filing with the Office of the Minnesota Secretary of State for review and investigation. This process is governed by Minnesota Statutes, Sections 300.70 – 300.78.

 

  1. Starting January 1, 2026, an individual may file a Declaration of Wrongful Filing with the Secretary of State’s office if they believe their business records have been tampered with or a business has been created under their name without their consent.
  2. Our office sends notice to the affected parties. If no response is received within 21 days, we accept the complaint and the filing is determined to be fraudulent.
  3. If a response is received, our office may request and review additional information before making a decision.
  4. Outcome:
    • If a filing is determined to be fraudulent, we take action:
      • If the filing created a new, fake entity, it will be removed from the record.
      • If it altered an existing business, the fraudulent data will be redacted*, and the record will be flagged.
    • If the filing is not determined to be fraudulent or there is not enough information, the business’s record will not be changed.
    • When a final order is issued, the parties are given notice and then can appeal to a district court if they decide to do so. 

*Why redact and not remove? Banks, state and federal agencies, and other groups depend on the business records our office files to make decisions on loans, grants, and much more. Redacting, rather than removing, protects victims by correcting the fraudulent information while preserving the filing history, which allows these groups to understand if an application involves previously fraudulent activity.