Massachusetts Business Law Questions & Answers

Q: Raising capital for a DE LLC with a Y-Combinator SAFE. Do I file anything to ensure investors are protected by IRC 1244?

1 Answer | Asked in Business Formation, Business Law and Contracts for Massachusetts on
Answered on May 4, 2017

To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.

(b)Common stock. Only common stock, either voting or nonvoting, in a domestic corporation may qualify as section 1244 stock. For purposes of section 1244, neither securities of the corporation convertible into...
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Q: Can a member of an LLC protect their interest in the company by placing that interest into a Trust?

2 Answers | Asked in Business Formation and Business Law for Massachusetts on
Answered on Apr 25, 2017

Placing an LLC in a trust does not change when the LLC wants to make distributions and that is determined by the Manager and/or the Members of the LLC. The Trust can provide for distribution of funds on a monthly quarterly or annual basis. It depends how it is drafted. The reason to put a LLC in a trust is usually for estate planning purposes not to create distribution requirements. If you are talking about converting to a Massachusetts Business Trust, I would recommend you change the terms of...
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Q: In a restaurant if patio is closed can they still make us came in and fill other positions as if we were on call? Ty

1 Answer | Asked in Employment Law, Business Law and Municipal Law for Massachusetts on
Answered on Apr 19, 2017

An employer has the right to ask a waiter or anyone else to come in to work. The question is whether you are required to go in if you were not scheduled. The fact is that you are not required to go in, but assuming you are an employee at will there is nothing to stop the employer from terminating you. Most waiters and staff in a restaurant are subject to a call to come into work, such as when someone is sick. However that does not mean you are on standby or on call. As I said you can tell...
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Q: Do you need permits to throw a private party in your own business?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Apr 17, 2017

It depends on the specifics of the party and whether you'll need parking permits, noise permits, etc. See: http://www.aeesq.com/business-law/food-and-beverage-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
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Q: in Massachusetts, do I have to be bonded and licensed to promote a concert?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Feb 28, 2017

See: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section183A

See: http://blog.musicidb.com/2013/10/promoter-license-massachusetts/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Do you help low income homeowners with civil suits?

1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Answered on Feb 27, 2017

More facts are needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: If I agree to buy a business and its assets, what kind of documentation do I need?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Jan 18, 2017

A contract, for starters. It depends on what type of business you want to buy. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: We are a US based tour company providing tours in Morocco. Is there any issue with us taking Russian customers?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Jan 18, 2017

There is no law that I know of against US companies doing business with common Russian nationals. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Is the actual punctuation mark semicolon trademarked by this company?

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Massachusetts on
Answered on Dec 29, 2016

I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Hello, How do I ensure that my partner will sign my Partnership Dissolution Agreement when he is ignoring my calls?

1 Answer | Asked in Business Law and Contracts for Massachusetts on
Answered on Dec 11, 2016

You cannot force someone to sign a Contract. If you have a partnership dissolution in progress, you can try to negotiate a resolution or you can litigate the matter. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Business liability, am i liable?

1 Answer | Asked in Business Law and Personal Injury for Massachusetts on
Answered on Aug 16, 2016

Possibly, more likely they would have a claim but the defense would be they weren't realy "business invitees" but trespassers.. Are the savings worth it to them? Sounds like a lot of hassle for a few bucks off. Also if anyone asks you could have your card hiked per terms of agreement.
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