Kimberly Lowe
Attorney At Law
klowe@avisenlegal.com
612-584-3403
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“Helping businesses and the people who own or operate them allows me to do what I enjoy for the benefit of others. I am more than a little nerdy, digging deep to solve complex problems for the benefit of my clients lets me flex my inner nerd.”
Bar Admissions
- Minnesota, 1998
For over 25 years I have lawyered from the trenches with a comprehensive knowledge and understanding of how both for-profit and nonprofit enterprises operate. I guide entrepreneurs, boards, executive management teams, boards of directors, multigenerational families, shareholders, and investors through all aspects of the business life cycle: from formation to operation to exit.
I provide legal services to many sectors of the economy. I work with social ventures, private and public companies, limited liability companies and partnerships, nonprofit organizations, and cooperatives. I help my clients navigate through general business matters, corporate governance, debt and equity financing, purchase and sales, real estate transactions, SEC and IRS compliance, business strategy joint ventures, complex reorganizations, liquidations, and dissolutions.
I bring an extensive set of entity and contract tools to help business owners, boards, managers, and families navigate through the succession of a business from one or more owner/operators to the next set of owners or leaders, including board control transactions in lieu of mergers in the nonprofit sector, professional services and licensed service provider transactions in health and human services, as well as other licensed service providers such as financial advisors, lawyers, accountants, audiologists, veterinarians, counselors, therapists, home health care, and hospitality.
In the nonprofit sector, I have worked with all types of organizations ranging from local to national public charities and private foundations to trade associations, churches, and religious organizations and have counseled them through every intricacy of the nonprofit business life cycle.
Cooperatives and all of the members served by cooperatives hold a special place for me. The cooperative entity structure provides opportunities in so many aspects of our economy and different industries not just reserved for agriculture and retail. Nothing makes me more excited to roll up my sleeves to help than a good coop. The application of the cooperative structure can be flexed in so many ways to add value to workers, home owners and renters, artists, entrepreneurs, group purchasers and group providers, growers, producers, processors, other cooperatives, hospitality, technology, professionals, and the list goes on and on.
In addition to deep legal experience, I bring a breadth of leadership experience to the table for all my clients regardless of sector, purpose, or goals. I serve a diverse group of clients on matters involving Benefit Corporations, Business Corporations, Business Strategy, Complex Succession Planning, Cooperatives, Corporate Governance, Debt and Equity Financing, Joint Ventures and Complex Reorganizations, Limited Liability Companies, Partnerships and S Corporations, Non-Profit and Tax-Exempt Organizations, Religious Organizations, Purchases and Sales of Businesses, Real Estate Transactions, Attorney General Investigations, Sales and Purchase Contracts for Goods and Services, SEC and IRS Compliance, Social Enterprises, Private and Public Companies, and Employment Law.
Crisis Management and Governance
Throughout my career, I have worked alongside organizations—both for-profit and nonprofit—helping them navigate challenging and complex situations. My approach to crisis management emphasizes objectivity, professionalism, and discretion. I collaborate closely with executive teams and boards of directors to address legal challenges, focusing on maintaining organizational stability and protecting reputations.
I have guided numerous organizations through a variety of sensitive matters, including governance restructuring, compliance investigations, and high-profile crises. My work is centered on developing strategies that not only address immediate concerns but also support long-term recovery and resilience.
A significant part of my practice involves helping clients establish and maintain strong governance frameworks that can endure scrutiny. Whether working with a national nonprofit, a public company, or a faith-based organization, I focus on providing thorough and thoughtful legal solutions that align with the organization’s broader goals.
Given the sensitive nature of the situations I handle, I am particularly mindful of the potential media and public relations implications. My strategies are designed to resolve the issues at hand while protecting my clients from undue external pressures. My goal is to provide legal counsel that supports my clients’ long-term success while safeguarding their reputation and values.
“You will find Kim to be one of the most pragmatic, straightforward and competent lawyers you’ve ever met. Kim is the kind of attorney who nerds out over crafting statutes and standards but also has a personality. She is amazing and super well respected. Her firm Avisen helps taxable and tax-exempt entities so she’s well versed. If you need a source to refer out to, I can’t think of a more capable attorney than Kim.” -Jessica Birken
“Kim has laid the groundwork for social business to thrive in Minnesota. She serves as an unmatched thought leader in Minnesota when supporting innovative business models, and it is because of her leadership that my company, Fair Anita, has been able to incorporate as a Public Benefit Corporation. She has provided incredible ideas, connections, and legal counsel, and I am forever grateful for her support. She brings passion and energy to every project, which makes working with her an absolute delight. I highly recommend Kim as the premiere lawyer in the Twin Cities, and I look forward to working with her in the future.” – Joy McBrien, Women’s Rights Advocate and Entrepreneur
- Boston College Law School
- University of Detroit, Honors B.A. in English and Economics, summa cum laude
- Board of Directors – BestPrep (2008-2013)
- BestPrep’s Minnesota Business Venture Advisory Committee and Curriculum Development Board
- Board of Directors – YWCA of Minneapolis (2005-2010)
- Corporate Secretary – Twin Cities Diversity in Practice (2005-2015)
- Board of Directors – Growth and Justice (2006-2019), Board Chair (2016-2019)
- Board of Directors -LegalCORPS
- Girl Scouts River Valleys Women of Distinction 2014 Steering Committee member, Co-Chair Sponsorship Committee
- Named to the Super Lawyers list 2019-2024
- Named a 2024 Top Woman Attorney in Minnesota by Mpls. St. Paul Magazine
- Named 2024 Lawyer of the Year in Minneapolis for Business Organizations Law by Best Lawyers
- Named a Top Women Attorney in Minnesota 2023 by The American Registry
- Named a 2023 Women in Business Award Winner by the Minneapolis/St. Paul Business Journal
- Recognized as a Best Lawyer in America in Business Organizations and Nonprofit / Charities Law by Best Lawyers, 2021, 2022, 2023, and 2024.
- Recognized as a Woman in the Law by Best Lawyers, Spring 2022
- Named a Top Woman Attorney in Minnesota by Minneapolis/St. Paul Magazine, April 2022
- Recognized as a Best Lawyer in America by Best Lawyers, 2021 and 2022
- Recognized as a Best Lawyer in the Midwest for Non-Profit/Charity Law by Best Lawyers, 2021
- Nominated for Minnesota Monthly’s 2021 Best Lawyers
- Named a Top Attorney in Minnesota by Minneapolis/St. Paul Magazine, August 2021
- Named a Top Woman Attorney in Minnesota by Minneapolis/St. Paul Magazine, April 2021
- Named a Top Attorney in Minnesota by Minneapolis/St. Paul Magazine, August 2020
- Recognized as a Woman in the Law by Best Lawyers, June 2020
- Named a Top Woman Attorney in Minnesota by Minneapolis/St. Paul Magazine, April 2020
- Minnesota State Bar Association Pro Bono All-Star, 2012-2018 and 2020
- Minnesota State Bar Association North Star Lawyer, 2012-2020
- Minnesota Business Magazine, The (REAL) Power 50 Award, 2014
- Minnesota Lawyer, Attorney of the Year, 2011 and 2014 and circle of excellence
- BestPrep, Volunteer of the Year Award, 2006
- Minnesota Justice Foundation, Outstanding Service Award, 2006
- Governance Challenges of Nonprofit Organizations: Corporate Governance and Nonprofit Organization Committees — September 24, 2024
- The 2022 Amendments to the Uniform Commercial Code: Key Changes and Practical Implications for Minnesota Practitioners — August 28, 2024
- The Business Law Institute, The Corporate Transparency Act – May 6 and 7, 2024
- Advising The Closely Held Business, The Current State of the Corporate Transparency Act, February 26, 2024
- The 2024 New Lawyer Experience, How to Select Entities and Form Them, January 19, 1024
- Strafford Seminars, Corporate Transparency Act, August 10, 2023 (replayed November 11, 2023 and January 17, 2024)
- Minnesota LLCs – The Basics and Beyond for Business Lawyers, Overview of Recent Changes to Minnesota’s Revised Uniform Limited Liability Company Act and What to Know about the New Corporate Transparency Act, October 24, 2022
- The Complete Business Lawyer, Business Formation and Entity Selection, August 29, 2023
- 2023 Nonprofit Law Conference, Nonprofit 101, Complying with Minnesota Nonprofit Corporation Act, March 14, 2023
- The 2023 New Lawyer Experience, What Every New Lawyer Needs to Know about Selecting and Forming Entities in Minnesota, January 19, 2023
- MN CLE Business Law Institute, “Asset Sales A to Z: Structuring Ancillary Documents,” 09/27/2022
- MN CLE Business Law Institute, “Ten Things Every Business Lawyer Needs to Know About the Corporate Transparency Act,” 05/09/2022
- ABA Business Law Law Section Spring Meeting 2022 Atlanta, Georgia: “Nonprofits Living in the For-Profit World (and Vice Versa): Complex Structures Involving Nonprofit Organizations,” 04/02/2022
- B Local Minnesota, The Difference Between B Corps and Public Benefit Corporations, 03/24/2022
- The 2022 New Lawyer Experience, Selecting and Forming Entities, 01/2022
- The Complete Business Lawyer Seminar, “Business Formation and Entity Selection,” Minnesota CLE, co-presented with Jeffrey Robbins, 10/28/2021
- Twin Cities Startup Week Event: An overview of the global B Corp Certification as well as local PBC legal entity formation for socially driven enterprises, Collaboration between MN B Local and Social Enterprise, 09/20/2021
- ImpactSKU Class #1: Legal Structure Presentation, 06/01/2021
- Panelist, American Bar Association Business Law Section Spring Meeting, “Raising Funds Without Raising Eyebrows: Best Practices for Commercial Co-Ventures a/k/a Cause Marketing,” 04/21/2021
- Moderator, MSBA Business Law CLE, “You, Your Clients and Imminent Beneficial Owner Reporting to FinCEN,” 03/10/2021
- The 2021 New Lawyer Experience, What Every New Lawyer Needs to Know About Forming and Selecting Entities, 01/22/2021
- Benefit Corporations or B-Corp Certification: Differences, Pros and Cons. “Benefit Enterprises in Access to Justice” Presented January 8, 2021 to the Self-Represented Litigation Network’s Justice Tech Entrepreneurs Working Group.
- 2019 Nonprofit Law Conference, Organizational Changes: Mergers, Dissolutions and Conversions, 03/20/2019
The 2019 New Lawyer Experience: Selecting and Forming Corporate Entities Breakout Session, 01/17/2019 - Social Enterprise Executive Education Session, Legal Considerations of Pursuing a Social Enterprise Model, 11/27/2018
- Twin Cities Startup Week at Impact Hub: Social Enterprise Structuring 10/11/2018
- ABA Business Law Section Annual Meeting 2018 Austin, TX: “What’s the Latest with Unaccompanied Minor Immigrants, and How Can We Help?” 09/14/2018
- ABA Business Law Section Annual Meeting 2018 Austin, TX: “Board Transitions Voluntary and Otherwise,” 09/14/2018
- Mitchell Hamline SBE Class Speaker, 06/14/2018
- Upper Midwest Employment Law Institute, 05/21/2018
- Meet the Expert 2018 James J. Hill Center, 05/21/2018
- 2018 MN CLE Nonprofit Conference, State Law Update, 3/13/2018
- Lessons Learned: Bitcoin/ICOs, 02/21/2018
- ConnectUP! MN: How to Structure Your Social Enterprise for Crowdfunding 02/22/2018
- The Purchase and Sale of Small Businesses: Employment/Employee-Related Issues in the Sale of Small Businesses, Minnesota CLE, 2/26/2018
- The New Lawyer Experience, MN CLE, 1/18/2018
- Nonprofits and Social Enterprises, University of Minnesota, 11/29/2017
- Off the Record Career Conversation Series, Mitchell Hamline 10/17/2017
- MN CLE – Significant Changes for Minnesota LLCs: Panel Discussion of Transition Hypotheticals, 10/30/2017
- Twin Cities Startup Week at Impact Hub: Social Enterprise Structuring and The Future of Nonprofit Fundraising: Developing a Hybrid Business Model, 10/9/2017
- University of St. Thomas Non-Profits Talk, 9/7/2017
- Faculty Planner and Committee Member, “The Minnesota Closely Held Business Conference: Highlights of the New Minnesota Public Benefit Corporation Act” – Snapshot Presentation; “The New LLC Statute: What Now?” (Moderator), Minnesota CLE, October 21, 2014
- “The State of Social Enterprise as it Relates to Legal Considerations,” Minnesota Business Magazine, October 9, 2014
- Chair. Faculty & Moderator. “Understanding & Using Minnesota’s New Public Benefit Corporation Act,” Minnesota CLE, August 28, 2014
- Presenter. “The Minnesota Public Benefit Corporation Act,” Minnesota State Bar Association CLE, July 22. 2014
- Presenter, “The Public Benefit Corporation is Here; Now What Do We Do?” Ramsey County Bar Association CLE, Ramsey County Bar Association Annual Meeting, June 17, 2014
- Faculty Member & Presenter, “Ancillary Activities,” Minnesota CLE, Churches and Other Religious Organizations, June 16, 2014
- Presenter, “The Public Benefit Corporation is Coming1,” Hennepin County Bar Association CLE, Hennepin County Bar Association Annual Meeting, May 15, 2014
- Debate Participant, “Future of Doing Good and How We Should Fund Good Works,” bushCONNECT, Regional Leadership
- Conference powered by the Bush Foundation, Guthrie Theater, May 12, 2014
- Faculty Planner and Presenter, “2014 Business Law Institute: Public Benefit Corporations,” outline and presentation, Minnesota CLE and MSBA Business Law Section, May 5, 2014
- Presenter, “2014 Nonprofit Law Conference: Public Benefit Corporations,” outline and presentation, Minnesota CLE and MSBA Business Law Section, March 12, 2014
- Presenter, “Selecting and Forming Corporate Entities,” New Lawyer Experience, Minnesota CLE, Minneapolis, 2009-2014
- Presenter, “The Public Benefit Corporation Comes to Minnesota”, outline and presentation, William Mitchell College of Law Alumni Series, Webcast Only, December 5, 2013
- Faculty Planner and Presenter, “The 3rd Annual Minnesota Closely Held Business Conference: Future Legislation: The Coming New Minnesota Public Benefit Corporation (Snapshot Session)” outline and presentation, Minnesota CLE, October 29, 2013
- Presenter, “Business Law 101: Demystifying the Entity Selection,” Minnesota CLE, Minneapolis, July 2013
- Faculty Advisor and Presenter, the Minnesota Closely Held Business Conference, “Capitalizing the Small Business,” Minnesota CLE, Minneapolis, January 2011-2013
- Faculty Planner and Presenter, Minnesota CLE and the MSBA Business Law Section, Business Law Institute, 2009-2013
- Presenter, “How to Keep Tax Exempt Organizations in Compliance: Intermediate Sanctions and Current Case Law and Legislative Updates Impacting Tax-Exempt Organizations,” National Business Institute, Teleconference Seminar, December
- Presenter, “Structuring Cooperative,” National Business Institute, Teleconference Seminar, December 2012
- Presenter, “Entity Selection for a Small-to-Medium Sized Business: Taxation and S Corporations in Detail,” NationalBusiness Institute, Rebroadcast November 2012
- Co-Presenter, “VC and Angel Financing in a Challenging Economy; Tax Credits and more,” the Collaborative’s 26th Annual Minnesota Venture & Finance Conference, Minneapolis October 2012
- Presenter, “Structured Settlement Transfers: Liquidation of Structured Settlements,” 2012 Minnesota District Judges Association/ Minnesota District Judges Foundation Annual Fall Conference, Minneapolis, September 2012
- Presenter, “Advising the Family Business Owner About Succession and Estate Planning Issues: Setting Reasonable Expectations for Family Business Succession,” Minnesota CLE, Minneapolis, August 2012
- Chair, Moderator and Presenter, “Concussion in Amateur Sports: Legal Risks and Options for Nonprofit Athletic and Recreational Organizations,” American Bar Association/Business Law Section, Annual Meeting, Chicago, Illinois, August 2012
- Moderator and Presenter, “Managing & Growing People: Health, Comp., Stock & More,” the Collaborative – Innovative Series Panel Discussion, Minneapolis, August 2012
- Presenter, “LLC or Inc.? Entity Selection for a Small-to-Medium Sized Business: S Corporations in Detail” and “LLC Taxation Considerations,” National Business Institute, Minneapolis, May 2012
- Presenter, “So Your Client is a Small Business Owner: What You Need to Know,” The Small Business Conference, Minnesota State Bar Association and MN CLE, November 2011
- Presenter, “Tax Exempt Organizations from Start to Finish — Incorporation Process and Unrelated Business Income Taxation,” National Business Institute, Minneapolis, May 2011
- Presenter, “The Business Cradle to Grave: The ABC’s of Limited Liability Company Organization” outline and presentation, Minnesota CLE, Minneapolis, November 2010
- Presenter, “How to read a Financial Statement,” 2009 Family and Closely Held Business Conference, Minnesota CLE, Minneapolis August 2009
- Panelist, “Tackling Racism With Sharp Wit Illusion Theater’s Same Difference,” Twin Cities Diversity in practice Minneapolis, November 2008
Drafting Committees
Kim works both locally and nationally on many statutory drafting initiatives, including:
- Minnesota’s Business Corporation Act (302A)
- Minnesota’s Revised Uniform Limited Liability Company Act (322C)
- Minnesota’s Nonprofit Corporation Act (317A)
- Minnesota Public Benefit Corporation Act (304A)
- American Bar Association Business Law Section Model Nonprofit Business Corporation Act
- Uniform Law Commission Drafting Committees
- Funding Through Public Appeals Study and Drafting Committee
- Tenancy in Common Ownership Default Rules Study and Drafting Committee
- Public Health Emergency Authorities Study Committee
- Online Sales Tax Collection Study Committee
- Supply Chain Transparency Study Committee
- Unincorporated Organization Acts Drafting Committee
- Restrictive Covenants in Deeds Committee
Publications
- “Chapter 1: Business Formation & Entity Selection” in The Complete Business Lawyer Quick Answer Book, Minnesota CLE, co-authored with Jeffrey Robbins, October 2021
- The Business Lawyer and the Rule of Law – The Rule of Law is Our Business, ABA, Business Law Today, author Kimberly Lowe, June 29, 2021
- The Use of Benefit Corporations by Charitable Organizations, ABA, author Kimberly Lowe, July 20, 2016
- Spotlight on Business Law Pro Bono: How Business Law Lawyers Contribute to Economic Justice, ABA, Spring/Summer 2015, Volume 18, author Kimberly Lowe, August 05, 2015
- Quoted in “No Single Path.” by Sarah Lutman. Twin Cities Business, June 20, 2014
- Nonprofit Revitalization Act Impacts New York Nonprofits and Organizations Registered to Solicit Contributions in the State, ABA Nonprofit Organizations Committee Newsletter, Fourth Quarter 2013, co-written with Matthew Norris, J.D. Candidate, 2014, University of Minnesota Law School
- Minnesota Should Enact Public Benefit Corporations, Star Tribune, co-written with Jeffrey Ochs, Founder of Cornerstone Stories, a Minnesota social business, and a board member of Social Enterprise Alliance-Twin Cities, February 7, 2014
- “Governance Best Practices for Nonprofit Organizations: Creating a Structure that Allows for Responsible Leadership,” Kimberly A. Lowe, Author, Bureau of National Affairs: Corporate Accountability Report, August 2011
- “Minnesota Business Law Deskbook – Corporations and LLCs, 1st Edition,” Editor, July 2010
- “Minnesota Business Law Deskbook – Corporations and LLCs 1st Edition,” Editor, July 2010
Uniform Law Commission
- Minnesota Appointed Commissioner (2016-Present)
Hennepin County Bar Association
- Immediate Past President (2016-2017)
- President (2015-2016)
- President-Elect (2014-2015)
- Treasurer (2013-2014)
- Finance and Planning Committee Chair (2013-2014)
- Secretary (2012-2013)
- Board of Directors (2011-2017)
- Finance and Planning Committee Member (2009-2016)
- Finance and Planning Committee Bylaws Subcommittee Chair (2011-2012)
- Board of Directors, Hennepin County Bar Foundation (2012-2016)
Minnesota State Bar Association
- Business Law Section Council, Vice Chair (2021-2022)
- Business Law Section Council, Executive Committee Member
- Business Law Section Council, Secretary (2019-2020)
- Business Law Section Council, Treasurer (2018-2019)
- Nonprofit Corporations, Committee Member
- Business/Professional Corporations, Committee Member
- Partnerships/Limited Liability Companies, Committee Member
- Beneficial Corporation Drafting Committee (2012-Present), Chair
- Minnesota State Bar Association’s Legal Education Task Force Member, (2014-2016)
- Minnesota State Bar Association Assembly Member, (2013-Present)
- Member Investment Committee (2018-Present)
American Bar Association, Business Law Section
- Member, Nonprofit Organizations Committee
- Member, Corporate Governance Committee
- Co-Chair, Social Entrepreneurship and Social Benefit Entities
- Co-Chair, Governance Nonprofit Organization
- The Business Lawyer, Editorial Board Member (2018-Present)
- Business Law Today, Content Director (2018-Present)
- Business Law Section, Pro Bono Committee, Chair (2015-2018)
American Bar Association
- ABA Standing Committee on Pro Bono and Public Service, Member of (2017 – 2020), Business Law Section Liaison (2014 – 2017)
National Council of Farmers Cooperative
- Legal Tax and Accounting
- Vice Chair- Securities Committee (2010-2016)
The Cooperative Professional Guild
- Member
National Cooperative Business Association CLUSA
- Member
Videos by Kimberly