1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to agriculture; modifying financial reporting requirements for grain buyers; |
---|
3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 223.17, subdivision 6. |
---|
4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 223.17, subdivision 6, is amended to read: |
---|
6 | 6 | | 1.6 Subd. 6.Financial statements.(a) Except as allowed in paragraph (c), a grain buyer |
---|
7 | 7 | | 1.7licensed under this chapter must annually submit to the commissioner a financial statement |
---|
8 | 8 | | 1.8prepared by a third-party independent accountant or certified public accountant in accordance |
---|
9 | 9 | | 1.9with generally accepted accounting principles national or international accounting standards. |
---|
10 | 10 | | 1.10The annual financial statement required under this subdivision must also: |
---|
11 | 11 | | 1.11 (1) include, but not be limited to the following: |
---|
12 | 12 | | 1.12 (i) a balance sheet; |
---|
13 | 13 | | 1.13 (ii) a statement of income (profit and loss); |
---|
14 | 14 | | 1.14 (iii) a statement of retained earnings; |
---|
15 | 15 | | 1.15 (iv) a statement of changes in financial position cash flow; and |
---|
16 | 16 | | 1.16 (v) a statement of the dollar amount of grain purchased in the previous fiscal year of the |
---|
17 | 17 | | 1.17grain buyer; |
---|
18 | 18 | | 1.18 (2) be accompanied by a compilation report of the financial statement that is prepared |
---|
19 | 19 | | 1.19by a grain commission firm or a management firm approved by the commissioner or by an |
---|
20 | 20 | | 1.20independent public accountant, in accordance with standards established by the American |
---|
21 | 21 | | 1.21Institute of Certified Public Accountants or similar international standards; |
---|
22 | 22 | | 1Section 1. |
---|
23 | 23 | | REVISOR BD/DG 25-0308801/31/25 |
---|
24 | 24 | | State of Minnesota |
---|
25 | 25 | | This Document can be made available |
---|
26 | 26 | | in alternative formats upon request |
---|
27 | 27 | | HOUSE OF REPRESENTATIVES |
---|
28 | 28 | | H. F. No. 1063 |
---|
29 | 29 | | NINETY-FOURTH SESSION |
---|
30 | 30 | | Authored by Anderson, P. H.; Nelson and Cha02/17/2025 |
---|
31 | 31 | | The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy 2.1 (3) be accompanied by a certification by the chief executive officer or the chief executive |
---|
32 | 32 | | 2.2officer's designee of the licensee, and where applicable, all members of the governing board |
---|
33 | 33 | | 2.3of directors under penalty of perjury, that the financial statement accurately reflects the |
---|
34 | 34 | | 2.4financial condition of the licensee for the period specified in the statement; |
---|
35 | 35 | | 2.5 (4) for grain buyers purchasing under $7,500,000 of grain annually, be reviewed by a |
---|
36 | 36 | | 2.6certified public accountant in accordance with standards established by the American Institute |
---|
37 | 37 | | 2.7of Certified Public Accountants, and must show that the financial statements are free from |
---|
38 | 38 | | 2.8material misstatements; and |
---|
39 | 39 | | 2.9 (5) (3) for grain buyers purchasing $7,500,000 or more of grain annually, be audited or |
---|
40 | 40 | | 2.10reviewed by a certified public accountant in accordance with standards established by the |
---|
41 | 41 | | 2.11American Institute of Certified Public Accountants and or similar international standards. |
---|
42 | 42 | | 2.12An audit must include an opinion statement from the certified public accountant. performing |
---|
43 | 43 | | 2.13the audit; and |
---|
44 | 44 | | 2.14 (4) for grain buyers purchasing $20,000,000 or more of grain annually, be audited by a |
---|
45 | 45 | | 2.15certified public accountant in accordance with standards established by the American Institute |
---|
46 | 46 | | 2.16of Certified Public Accountants or similar international standards. The audit must include |
---|
47 | 47 | | 2.17an opinion statement from the certified public accountant performing the audit. |
---|
48 | 48 | | 2.18 (b) Only one financial statement must be filed for a chain of warehouses owned or |
---|
49 | 49 | | 2.19operated as a single business entity, unless otherwise required by the commissioner. All |
---|
50 | 50 | | 2.20financial statements filed with the commissioner are private or nonpublic data as provided |
---|
51 | 51 | | 2.21in section 13.02. |
---|
52 | 52 | | 2.22 (c) A grain buyer who purchases grain immediately upon delivery solely with cash; a |
---|
53 | 53 | | 2.23certified check; a cashier's check; or a postal, bank, or express money order, as defined in |
---|
54 | 54 | | 2.24section 223.16, subdivision 2a, paragraph (b), is exempt from this subdivision if the grain |
---|
55 | 55 | | 2.25buyer's gross annual purchases are $1,000,000 or less. |
---|
56 | 56 | | 2.26 (d) For a grain buyer that qualifies for the exemption in paragraph (c), the commissioner |
---|
57 | 57 | | 2.27retains the right to require the grain buyer to provide the commissioner with financial |
---|
58 | 58 | | 2.28reporting based on inspections, any report of nonpayment, or other documentation related |
---|
59 | 59 | | 2.29to violations of this chapter, chapter 232, or Minnesota Rules, chapter 1562. |
---|
60 | 60 | | 2.30 (e) To ensure compliance with this chapter, the commissioner must annually review |
---|
61 | 61 | | 2.31financial statements submitted under paragraph (a). |
---|
62 | 62 | | 2.32 (d) (f) The commissioner shall annually provide information on a person's fiduciary |
---|
63 | 63 | | 2.33duties to each licensee. To the extent practicable, the commissioner must direct each licensee |
---|
64 | 64 | | 2Section 1. |
---|
65 | 65 | | REVISOR BD/DG 25-0308801/31/25 3.1to provide this information to all persons required to certify the licensee's financial statement |
---|
66 | 66 | | 3.2under paragraph (a), clause (3). |
---|
67 | 67 | | 3.3 (g) The commissioner may require a grain buyer to provide additional financial statements |
---|
68 | 68 | | 3.4or financial reporting, including audited financial statements. |
---|
69 | 69 | | 3.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
70 | 70 | | 3Section 1. |
---|
71 | 71 | | REVISOR BD/DG 25-0308801/31/25 |
---|