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Massachusetts Business Law Questions & Answers
1 Answer | Asked in Business Law and Criminal Law for Massachusetts on
Q: Can a business deliver free alcohol as a gift with the ordered product to customers?

In the state of Massachusetts its illegal to sell alcohol after 11pm in stores. If there was a company that sells and delivers candles 24 hours a day, can the company give free alcohol as a gift to the buyer after 11pm? Technically it's legal but I wanted to know what problems this company... View More

Kas DeCarvalho
Kas DeCarvalho
answered on Jul 6, 2017

I strongly recommend that you contact the Commonwealth's Alcoholic Beverages Control Commission, which will almost certainly have a position on this. As a practical matter, Massachusetts law prohibits any unlicensed sale, storage, transportation, importing, exporting, and manufacturing with... View More

1 Answer | Asked in Estate Planning, Family Law and Business Law for Massachusetts on
Q: I've read people should start an entity for asset protection, but do those entities need to generate revenue? if so how?
Kas DeCarvalho
Kas DeCarvalho
answered on Jul 6, 2017

I need to break this down a bit: Yes, it's a good idea to "start an entity for asset protection," but what people typically mean by that is that they wish to protect their personal assets from any liability related to their business venture. Therefore, they form an appropriate... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Massachusetts on
Q: Raising capital for a DE LLC with a Y-Combinator SAFE. Do I file anything to ensure investors are protected by IRC 1244?

The business meets all the qualifications of IRC 1244. I need to know if anything should be filed and with whom to offer the 1244 protection to investors. Also, I need to know what documentation should be retained and ultimately delivered to my investors if a loss is generated.

Jonathan R. Roth
Jonathan R. Roth
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...
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2 Answers | Asked in Business Formation and Business Law for Massachusetts on
Q: Can a member of an LLC protect their interest in the company by placing that interest into a Trust?

By placing an LLC into a Trust can the members receive their dividends on a monthly, quarterly or yearly basis?

Jonathan R. Roth
Jonathan R. Roth
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... View More

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1 Answer | Asked in Employment Law, Business Law and Municipal Law for Massachusetts on
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
Jonathan R. Roth
Jonathan R. Roth
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... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: Do you need permits to throw a private party in your own business?

My partners and I hit a small road bump in opening a restaurant. We ran out of money. We are about 90% complete in our project.

We would like to throw a small party in our business for our friends and family and have then donate to us. If we don't sell anything are we allowed to throw... View More

Ali Shahrestani,
Ali Shahrestani,
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...
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1 Answer | Asked in Business Law for Massachusetts on
Q: in Massachusetts, do I have to be bonded and licensed to promote a concert?
Ali Shahrestani,
Ali Shahrestani,
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...
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1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Q: Do you help low income homeowners with civil suits?
Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: If I agree to buy a business and its assets, what kind of documentation do I need?
Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: We are a US based tour company providing tours in Morocco. Is there any issue with us taking Russian customers?
Ali Shahrestani,
Ali Shahrestani,
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,... View More

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is the actual punctuation mark semicolon trademarked by this company?

I've heard of people having their jewelry on etsy removed due to having a semicolon in their design. It does refer to the project semicolon organization but is just the actual punctuation mark, not their logo or anything like that. Is it still not allowed?

Ali Shahrestani,
Ali Shahrestani,
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... View More

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1 Answer | Asked in Business Law and Contracts for Massachusetts on
Q: Hello, How do I ensure that my partner will sign my Partnership Dissolution Agreement when he is ignoring my calls?

I entered into a partnership, which went bad and now I am trying to get out of it. Partner not responding to anything I send. I had a partnership dissolution made through rocket lawyer and will be sending it soon.

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Business Law and Personal Injury for Massachusetts on
Q: Business liability, am i liable?

I have a business membership with a few wholesalers, that allows my business to go inside the wholesalers to purchase items in bulk for the wholesale price. I have been lending this membership to one of my distance relatives. They have been using my business membership to purchase personal items.... View More

Peter N. Munsing
Peter N. Munsing
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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