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Massachusetts Franchise Forms FAQ Massachusetts Franchise Law

What is a franchise?

There is a definition of a franchise which has been developed by the Federal Trade Commission. Basically, a franchise involves an owner of a trademark, trade name and/or copyright giving others a license under certain conditions to use these trademarks, trade names or copyrights in providing goods or services to the public. The franchisor is the party who grants the franchise, and the franchisee is the party who receives the franchise.

What is the legal relationship between a franchisor and franchisee?

Technically, the relationship between a franchisor and franchisee is a relationship between two independent contractors. Their rights are determined by the franchise agreement. A franchise then is not a separate business entity, but is a business relationship between two separate business organizations such as a sole proprietorship, a corporation, or a partnership. The relationship between the franchisor and franchisee is controlled by the franchise contract. A corporation, sole proprietorship, or partnership may own the franchise contract or may be the entity entering into the franchise contract.

What laws govern franchises?

There are laws that restrict termination of some franchises. In some states, prior notice of termination is required. Owners of automobile dealership franchises are protected from termination of their dealerships in bad faith. This protection is provided by the Federal Automobile Dealers Franchise Act.


What are Articles of Incorporation?

Articles of Incorporation are legal documents that establish a corporation and outline its purpose, structure, and operating rules. In Massachusetts, the Articles of Incorporation must include important information such as the corporation's name, address, purpose, and the number of shares it can issue. Additionally, they should identify the incorporates and specify the name and address of the initial registered agent who will receive legal documents on behalf of the corporation. These documents are typically filed with the Secretary of the Commonwealth and serve as the foundation for the corporation's existence and legal rights in Massachusetts.


What to Include in Articles of Incorporation

When filing articles of incorporation in Massachusetts, there are a few important things to include. First, you need to clearly state the name of your corporation, making sure it doesn't create confusion with any other existing businesses. Next, you must provide a registered office address where legal documents can be sent. You should also mention the purpose or activities of your corporation, outlining what business it will conduct. Additionally, you need to specify the number of shares your corporation is authorized to issue and their par value, if applicable. Lastly, you must include the names and addresses of the initial directors of the corporation. It's wise to consult legal professionals or refer to the state's guidelines to ensure you cover all necessary information accurately.


1. Full Name of Corporation

The full name of the corporation is a legal term used to identify a business entity operating in the state of Massachusetts. It typically includes the official name of the corporation along with its legal designations like "Inc." or "LLC." In Massachusetts, this term is regulated by the state's laws and regulations, ensuring that corporations are duly registered and recognized. It serves as a way to distinguish a corporation from other types of business entities and provides clarity when conducting legal and financial transactions.


2. Principal Place of Business

The principal place of business refers to the main location where a company conducts its daily operations and carries out its central activities. In Massachusetts, this means the primary physical address where a business is based or has its headquarters. It is the central hub where employees work, customers interact, and various business functions take place. This location serves as the main administrative center and is often the face of the company to its clients, partners, and stakeholders.


12. Limitation of Director’s Liability

In Massachusetts, there are certain limitations on a director's liability. This means that directors of a company are not personally responsible for all the actions and decisions made by the company. Instead, their liability is limited to certain situations where they have acted in a way that is harmful or against the law. This provides some protection to directors, as they are not held responsible for every mistake or failure of the company. However, it is important for directors to always act in the best interest of the company and its stakeholders to avoid any potential liability.