Subdivision 1. Definitions. For the purposes of this section, the following terms have the meanings given them:
(1) "credit agreement" means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation;
(2) "creditor" means a person who extends credit under a credit agreement with a debtor;
(3) "debtor" means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor; and
(4) "signed" has the meaning specified in section 336.1-201(b)(37).
Subd. 2. Credit agreements to be in writing. A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.
Subd. 3. Actions not considered agreements. (a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subdivision 2:
(1) the rendering of financial advice by a creditor to a debtor;
(2) the consultation by a creditor with a debtor; or
(3) the agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.
(b) A credit agreement may not be implied from the relationship, fiduciary or otherwise, of the creditor and the debtor.
1985 c 245 s 1; 1991 c 329 s 1; 2004 c 162 art 3 s 10
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 513 — Agreements Relating To Property
Section 513.01 — No Action On Agreement.
Section 513.03 — Grants Of Trust, When Void.
Section 513.04 — Conveyance Of Interest In Land Except Up To One-year Lease.
Section 513.05 — Leases; Contracts For Sale Of Lands.
Section 513.06 — Specific Performance.
Section 513.07 — Logs; Extension Of Time Of Payment For Labor.
Section 513.075 — Cohabitation; Property And Financial Agreements.
Section 513.076 — Necessity Of Contract.
Section 513.08 — Void When Made To Defraud, Exception.
Section 513.09 — Provision To Revoke, Determine, Or Alter; When Void.
Section 513.10 — Power Of Revocation, When Valid.
Section 513.11 — Premature Conveyance.
Section 513.33 — Credit Agreements.
Section 513.44 — Transfer Or Obligation Voidable As To Present Or Future Creditor.
Section 513.45 — Transfer Or Obligation Voidable As To Present Creditor.
Section 513.46 — When Transfer Is Made Or Obligation Is Incurred.
Section 513.47 — Remedies Of Creditor.
Section 513.48 — Defenses, Liability, And Protection Of Transferee Or Obligee.
Section 513.485 — Governing Law.
Section 513.49 — Application To Series Organization.
Section 513.495 — Relation To Electronic Signatures In Global And National Commerce Act.
Section 513.50 — Supplementary Provisions.
Section 513.53 — Applicability.
Section 513.55 — General Disclosure Requirements.
Section 513.56 — Disclosure Not Required.
Section 513.57 — Liability For Error, Inaccuracy, Or Omission.
Section 513.58 — Amendment To Disclosure.
Section 513.59 — Transfer Not Invalidated.
Section 513.61 — Radon Disclosure Requirements.
Section 513.75 — Liability For Violation.
Section 513.76 — Notice Requirements For Existing Transfer Fee Obligations.