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Massachusetts Business Formation Questions & Answers
3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

William J. Amann
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answered on Jun 22, 2024

Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More

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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: I have a MA C corp, want to reorganize as an LLC (I'm the only stockholder & employee). Can I do this simply/cheaply?

Is an LLC a "domestic other organization" so I can just file Articles of Entity Conversion of Domestic Business Corporation to a Domestic Other Entity?

If I do this will I get a new EIN?

Nicholas Arthur Matlach
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answered on May 15, 2024

While converting your MA C Corp to an LLC is certainly possible, the process might be more involved than you anticipate. Here's why:

Entity Conversion vs. Dissolution and Formation:

- Entity Conversion: While Massachusetts law does allow for entity conversion (as you...
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2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.

Typically, either the corporation...
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2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

James L. Arrasmith
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answered on Apr 21, 2024

When a corporation, such as an Inc., signs a legal document, the signature should be made by an authorized representative of the company. This is typically done by a corporate officer, such as the president, vice president, or secretary, who has been granted the authority to sign on behalf of the... View More

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1 Answer | Asked in Immigration Law and Business Formation for Massachusetts on
Q: I am on OPT as a B.S. in Business. Can I open an LLC to rent & sublease (AirBnB) properties?

I am on an F1 visa, and just got my OPT approved as a B.S. in Business with a major in Marketing. Am I allowed to create an LLC and work for my own company? Currently, I am planning to start an AirBnB arbitrage business. This includes finding properties to sublease, furnishing them, and listing... View More

James L. Arrasmith
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answered on Mar 8, 2024

When on an F1 visa and engaged in Optional Practical Training (OPT), your business activities must relate directly to your major area of study. As a B.S. in Business with a major in Marketing, starting an LLC to engage in property rental and subleasing for AirBnB could be considered relevant to... View More

Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Massachusetts on
Q: Open the business bank account on an F1 visa

Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More

James L. Arrasmith
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answered on Aug 30, 2024

Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More

1 Answer | Asked in Business Formation, Contracts and Gov & Administrative Law for Massachusetts on
Q: How many of the bar members on here are Freemasons? I know all judges are 33rd, is it a requirement inorder to license

Considering almost all police officers are masons, and all judges are absolutely masons, I'm curious if all the attorneys are also of the masonic fraternity? Ladies eastern star? Is it a requirement?

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

There is no requirement for attorneys or judges to be masons.

There is no data on how many lawyers or how many judges are masons.

No doubt some are. No doubt most are not.

3 Answers | Asked in Bankruptcy and Business Formation for Massachusetts on
Q: Can the uplyft capital loan be forgiven
William J. Amann
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answered on Mar 26, 2022

Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).

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1 Answer | Asked in Business Formation and Trademark for Massachusetts on
Q: Do I have to get a license to use the Red Sox B Service Mark in order to use it as a small part of my business name/logo

The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses... View More

Michael Ray Smith
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answered on Feb 12, 2022

I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the... View More

Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... View More

Stephen E. Zweig
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answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Massachusetts on
Q: Could an associate of a law firm like Latham & Watkins provide legal services outside of their law firm?

For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... View More

Richard Gaudet
Richard Gaudet
answered on Mar 26, 2021

The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... View More

2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

William Scott Goldman
William Scott Goldman
answered on Jun 30, 2020

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

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1 Answer | Asked in Business Formation, Business Law, Contracts and White Collar Crime for Massachusetts on
Q: Can I be removed from a Mass LLC without consent?

I've been removed from a Mass LLC that I was 50% owner of by the other 50% owner. The original LLC filing has me on it. My partner filed an amendment to the LLC that removed my name. And another amendment that changes the name of the LLC. Is it possible for this to happen without my consent?... View More

Kas DeCarvalho
Kas DeCarvalho
answered on Feb 10, 2020

Short answer: No, probably not.

You're response: "But my partner did--now what?!"

...and that's a longer answer.

So, unless your LLC's Operating Agreement provides for some mechanism for a single 50% Member to remover the other (which is possible,...
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1 Answer | Asked in Business Formation for Massachusetts on
Q: If I have a Service Mark under an LLC can this be considered a "business name" to add to a business bank account?

I have an events LLC producing different types of events. I would like to have two brands under the main LLC to do business as. If I trademark or service mark the 2 event brand names, would that be enough to do business as and add the name to a business bank account? Or would I also need to open... View More

John Espinosa
John Espinosa
answered on Aug 10, 2019

It isn't one or the other, they have different purposes. The short answer is that you should probably do both in order to accomplish everything you describe, and likely other things too. Hire a business attorney to give you specific advise on all of this.

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: Are online contracts enough legally to guarantee a business share ? .

I run a software related website with good amount of users , I was approached by another website owner who has the business registered as an LLC in Boston Massachusetts,We figured out the details of the merge and all is fine .

When i asked how we move forward with the process of making me a... View More

John Espinosa
John Espinosa
answered on Jul 4, 2019

No, not at all. Before you agree to anything, you need to hire a law firm that has experience working with non-citizens in your situation to properly advise you on both the legal and tax implications of what you propose.

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

Small family-owned business. Sales of $750,000 in 2018.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual... View More

1 Answer | Asked in Business Formation for Massachusetts on
Q: What do I need to know about insuring my home if my new startup employees are going to work here with me?
John Espinosa
John Espinosa
answered on Aug 24, 2018

You need to work with both an experienced attorney and insurance agent to protect yourself here in all aspects. For both, the details of your business will dictate what you need. For insurance, at minimum you need a commercial general liability policy and also workers compensation policy since you... View More

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