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Massachusetts Business Law Questions & Answers
3 Answers | Asked in Contracts, Business Law and Family Law for Massachusetts on
Q: Do I need a lawyer to file a prenuptial agreement in MA?

My partner and I both agree that we would like to have a prenuptial agreement before getting married, but we haven't started drafting one yet. Do we legally need to hire a lawyer to file a prenuptial agreement in Massachusetts, or can we create and file it ourselves? Are there specific... View More

Brian Waller
Brian Waller
answered on Oct 31, 2025

You both should have a lawyer for a premarital agreement. In Massachusetts, it is unusual for a premarital agreement to be deemed fair and reasonable at the time it was signed unless each party has an attorney. You wouldn't want to find out at the time you wanted the agreement to be enforced... View More

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2 Answers | Asked in Estate Planning, Business Law and Insurance Defense for Massachusetts on
Q: Will using my maiden name affect collecting life insurance or stocks?

I've kept all of my beneficiary forms under my maiden name, which has not been changed to my married name. This includes my husband's life insurance and Fidelity stock accounts. I dropped my middle name, made it my maiden name, and took his last name. Although I possess my marriage... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2025

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could depend on the carrier. I've seen carriers require re-completion of forms due to variations between legal birth names and regularly used names. There's no guaranteed prediction in how a... View More

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2 Answers | Asked in Business Law, Personal Injury and Insurance Bad Faith for Massachusetts on
Q: As next of kin, do I have rights to view my deceased father's life insurance policy held by his ex-girlfriend in Massachusetts?

As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2025

A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More

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1 Answer | Asked in Business Law and White Collar Crime for Massachusetts on
Q: I own an s corporation it’s a construction company and me and my two brothers are equal owners and myself

and one brother came to find out our other brother was using funds for personal gain , taking extra checks forging checks he wrote in our names and so on, we called a special meeting gave him ample notice he did not appear we voted to remove him as an officer of the company and fire him as an... View More

William J. Amann
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answered on Sep 30, 2024

You very likely need to get into Court (by filing a Complaint) and maybe get an injunction to stabilize operations and provide a full accounting. Business/partnership disputes are governed by the business' documents and usually, state law or the Uniform Partnership Act; it depends on how the... View More

1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
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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.

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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2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
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2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

You could discuss this with your insurance broker. But anyone, whether your broker or the attorneys here, could only say that there is no control over what a plaintiff would go after. It could depend on the facts of the matter and the determination of the law firm. Many law firms could end their... View More

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Massachusetts on
Q: What are my rights after broker terminated my license?

I have been a real estate agent with my current company since 2009. Recently, I arranged to show a restaurant listed by my broker to a buyer I had worked with before. My broker required an NDA, which my buyer signed, allowing my broker to communicate directly with him. Despite arranging the showing... View More

James L. Arrasmith
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answered on Oct 31, 2025

In Massachusetts, real estate brokers have broad discretion to terminate their relationship with an agent, but they must follow state licensing and ethical standards when doing so. Because real estate agents operate under their broker’s license, the broker legally controls listings and client... View More

1 Answer | Asked in Consumer Law, Business Law and Internet Law for Massachusetts on
Q: Are there MA or federal laws on AI images in ads as deceptive advertising?

As an employee of a marketing and advertising firm in Massachusetts that represents numerous businesses, I am considering using AI-generated images to promote our brands. However, I'm concerned about the potential risks if the public discovers these images are AI-generated, particularly in... View More

James L. Arrasmith
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answered on Oct 29, 2025

You do not face a Massachusetts or federal statute that uniquely bans the use of AI‑generated imagery in ads; what governs you is the general prohibition on unfair or deceptive acts. Section 5 of the FTC Act, the Lanham Act’s false‑advertising provision, Massachusetts General Laws c. 93A, and... View More

1 Answer | Asked in Immigration Law and Business Law for Massachusetts on
Q: Does a geo-targeted EMD like BostonVisaAttorney.com reduce client acquisition costs for visa cases in Boston compared to PPC? What is its value?

I am researching the effectiveness of hyper-localized domain strategies for specialized legal practices in Boston. Given the high competition for H-1B Cap-Exempt, O-1 Extraordinary Ability, and EB-2 National Interest Waiver (NIW) cases, how significant is the advantage of owning a top-tier Exact... View More

James L. Arrasmith
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answered on Oct 29, 2025

You gain a naming advantage with a top‑tier geo‑EMD, but modern search engines treat it as a weak signal, so acquisition costs fall only when the domain earns authority and begins to capture no‑cost organic and direct‑navigation demand. You do not see an immediate CAC drop the day you buy... View More

1 Answer | Asked in Business Law, Contracts and International Law for Massachusetts on
Q: Can GPLv3 terms change to charge users?

I am considering starting a project by forking the "ERPNEXT" project, which is under the GPLv3 license. My question concerns the Free Software Foundation and their GPLv3 license: Is there any way they could unilaterally change the terms of the GPLv3 license or the website it is hosted on,... View More

James L. Arrasmith
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answered on Oct 24, 2025

You don’t need to worry about the Free Software Foundation suddenly changing the GPLv3 in a way that forces users to pay for its use. Once software is released under the GPLv3, that license is permanent and cannot be revoked or replaced for that version of the code. The Free Software Foundation... View More

1 Answer | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: Can I use F1 driver photos for Etsy products without copyright issues?

I am planning to start an Etsy shop where I sell custom stickers and flags featuring photos of F1 drivers. I intend to use images sourced from the internet, which I have not taken myself. I am unsure whether these images are trademarked or copyrighted, and I have read that some licensing agreements... View More

James L. Arrasmith
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answered on Oct 16, 2025

Using internet‑sourced photos of F1 drivers on stickers and flags without permission exposes you to three overlapping risks: copyright infringement, trademark infringement, and right‑of‑publicity claims. The size of your shop does not immunize you, and platforms like Etsy honor DMCA and... View More

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Q: How to protect family savings when starting an LLC for a pizza restaurant with an SBA loan?

I want to open an LLC to purchase an established pizza restaurant and I'm planning to apply for a $50,000 SBA loan. My main goal is to protect my family's financial savings, which include my wife's recent inheritance and ongoing earnings, as well as my income as an employee. I intend... View More

James L. Arrasmith
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answered on Sep 12, 2025

To protect your family’s savings when starting an LLC, it’s important to maintain a clear separation between personal and business finances. Open a separate bank account for the LLC and use it exclusively for business income, expenses, and loan payments. Keep personal assets, including your... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Business Law for Massachusetts on
Q: Can board members be sued individually for leadership's decision on church property repairs?

I am a member of a faith-based institution board (501C3). If the leadership decides not to make repairs to a house/parsonage that's currently occupied, without informing the board, and this decision results in a lawsuit, can each board member be sued individually? The board had no prior... View More

James L. Arrasmith
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answered on Aug 30, 2025

In most cases, board members of a 501(c)(3) are not personally liable for decisions made by the organization, as long as they act in good faith and within their official duties. Laws generally protect nonprofit board members from individual lawsuits under what is called the “business judgment... View More

1 Answer | Asked in Contracts and Business Law for Massachusetts on
Q: Severance agreement dispute after company dissolution in MA

I was the president of a company called AMD Global Telemedicine, which recently dissolved. I had a severance agreement for 6 months or $150,000, with no specific deadlines for payment. Despite multiple conversations with them and offering to negotiate a lower amount, they have refused to pay,... View More

James L. Arrasmith
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answered on Aug 28, 2025

A severance agreement is a legally binding contract, and the company’s dissolution does not automatically erase its obligations. If the agreement promised you \$150,000 or six months’ pay with no deadlines attached, then you have a valid claim. The issue is that once a company dissolves,... View More

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