Massachusetts Statutes

Section 5. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual i…

Section 6. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent valu…

Section 7. For the purposes of this chapter: (1) a transfer is made: (i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that…

Section 8. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section nine, may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) an attachment o…

Section 9. (a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of section five against a person who took in good-faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this se…

Section 1. The following words as used in this chapter, in addition to their ordinary meaning, shall, unless the context otherwise requires, have the meanings respectively given herein: ''Beverage'', milk, cream, soda water, mineral or aerated water, ale, beer, ginger ale or simi…

Section 16. No person with knowledge or notice that a dramatic or musical composition is unpublished or undedicated shall, without the consent of the proprietor thereof, cause it to be publicly performed or represented or permit a public performance or representation of it, in an…

Section 17. A person engaged in manufacturing, bottling or selling beverages in vessels, with his name and the word ''registered'' branded, engraved, blown or otherwise produced thereon, or on boxes used by him, may have such vessels registered by filing in the office of the cler…

Section 18. No person, without the written consent of the registered owner thereof, shall fill with a beverage with intent to sell the same any vessel registered under the preceding section, or change in any way, or conceal any name or the word ''registered'' thereon, or buy, sel…

Section 19. The purchase, sale, traffic in, disposal or use of any such registered vessel by a person engaged in the manufacture, bottling or sale of beverages, without the written consent of the owner thereof, shall be prima facie evidence of a violation of the preceding section…

Section 20. Upon complaint of a person who has complied with section seventeen, or his agent, to a district court, that he has reason to believe and does believe that any of his registered vessels are being unlawfully used or filled by a person engaged in manufacturing, bottling …

Section 21. A person engaged in buying, selling or dealing in milk or cream in cans, or who uses cans, tubs or cabinets in the sale, transportation or storage of frozen desserts and/or frozen dessert mix, with his name and the word ''registered'' produced in a permanent manner in…

Section 22. No person shall without the consent of the owner take, detain, use, buy, sell, traffic in or otherwise dispose of any registered can, tub or cabinet. Possession of any such registered can, tub or cabinet by a person in the transaction of his business shall be prima fa…

Section 23. No person shall without the consent of an owner wilfully destroy, mutilate or deface any registered can, tub or cabinet bearing such owner's name, or wilfully erase, mar, cover or change any word or name branded, engraved, blown or otherwise produced in a permanent ma…

Section 24. Whoever puts an unclean or foul substance into any registered can, tub or cabinet shall for the first offence be punished by a fine of not less than fifty cents nor more than five dollars for each can, tub or cabinet with respect to which the violation occurs and for …

Section 25. Upon complaint of a person who has complied with section twenty-one, or his agent, to a district court that he has reason to believe and does believe that a person has wrongfully in his possession or is secreting any of his registered cans, tubs or cabinets, said cour…

Section 25A. A person engaged in the business of supplying or furnishing for hire or compensation on a rental or lease basis clean laundered garments, towels, aprons, bed linen or table linen who uses his name and the word ''registered'' on such articles or supplies may register …

Section 25B. No person shall without the written consent of the owner take, detain, use, sell, traffic in or otherwise dispose of, or use for any purpose other than that for which such article was intended, any registered towel, garment, apron, bed linen or table linen; provided,…

Section 25C. No person shall without the written consent of the owner wilfully destroy, mutilate or deface any registered towel, garment, apron, bed linen or table linen, or wilfully erase, mar, cover, remove or alter any word or name printed, branded, stamped or otherwise produc…

Section 26. Violations of any provisions of sections four A and four B shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.

Section 27. Violations of section sixteen shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.

Section 28. Violation of any provision of section twenty-two or twenty-three shall be punished for the first offence by a fine of not more than five dollars or by imprisonment for not more than two months for each can, tub or cabinet in respect to which the violation occurs and f…

Section 29. Whoever violates any of the provisions of sections twenty-five A to twenty-five C, inclusive, shall be punished for the first offence by a fine of not less than ten nor more than fifty dollars, and for each subsequent offence shall be punished by a fine of not less th…

Section 4. A person who conducts business in the commonwealth shall not assume or continue to use in his business the name of a person formerly connected with him in partnership or the name of any other person, either alone or in connection with his own or with any other name or …

Section 4A. No individual, unincorporated association or partnership shall assume or use in the name or title under which his or its business is transacted the word ''corporation'' or ''incorporated'' or any abbreviated form thereof or any word or phrase which may lead the public…

Section 4B. No person, firm, corporation or association, other than an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, shall use, or cause or permit to be used, in the corporate or trade name thereof, or in the …

Section 5. Any person conducting business in the commonwealth under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file in the office of the clerk of every city or town where an office of any such person o…

Section 6. The preceding section shall not apply to any corporation doing business under its true corporate name, nor to any partnership doing business under any title which includes the true surname of any partner; nor to any association which has complied with sections five and…

Section 101. It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly (1) to employ any device, scheme, or artifice to defraud, (2) to make any untrue statement of a material fact or to omit to state a material fact ne…

Section 102. It is unlawful for any person who receives, directly or indirectly, any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise…

Section 201. (a) It is unlawful for any person to transact business in this commonwealth as a broker-dealer or agent unless he is registered under this chapter. (b) It is unlawful for any broker-dealer or issuer to employ an agent unless the agent is registered. The registration …

Section 202. (a) A broker-dealer, agent, investment adviser or investment adviser representative may obtain an initial or renewal registration by filing with the secretary or his designee an application together with a consent to service of process pursuant to paragraph (g) of se…

Section 203. (a) Every registered broker-dealer and investment adviser shall make and keep accounts, correspondence, memoranda, papers, books, and other records as the secretary prescribes by rule or order, except as limited by section 15 of the Securities Exchange Act of 1934, i…

Section 203A. (a) Each investment adviser registered under this chapter shall disseminate to each client or prospective client a document disclosing material facts. The document shall include information concerning: (1) compensation arrangements between the client and the investm…

Section 204. (a) The secretary may by order impose an administrative fine or censure or deny, suspend, or revoke any registration or take any other appropriate action if he finds (1) that the order is in the public interest and (2) that the applicant or registrant or, in the case…

Section 301. It is unlawful for any person to offer or sell any security in the commonwealth unless:— (1) the security is registered under this chapter; (2) the security or transaction is exempted under section 402; or (3) the security is a federal covered security.

Section 302. (a) Any security for which a registration statement has been filed under the Securities Act of 1933 in connection with the same offering may be registered by coordination. (b) A registration statement under this section shall contain the following information and be …

Section 303. (a) Any security may be registered by qualification. (b) A registration statement under this section shall contain the following information and be accompanied by the following documents in addition to the information specified in section 304(c) and the consent to se…

Section 304. (a) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker-dealer. (b) Every person filing a registration statement shall pay a filing fee to be determined annually by the commissioner …

Section 305. (a) The secretary may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration statement if he finds (1) that the order is in the public interest and (2) that (A) the registration statement as of its effective date…

Section 306. (a) Covered securities under section 18(b)(2) of the Securities Act of 1933. (1) Any security that is a federal covered security under section 18(b)(2) of the Securities Act of 1933 may be offered for sale and sold into, from, or within the commonwealth upon the secr…

Section 401. When used in this chapter, unless the context otherwise requires: (a) ''Secretary'' means the state secretary or the secretary of the commonwealth. (b) ''Agent'' means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or …

Section 402. (a) The following securities are exempted from sections 301, 306 and 403: (1) any security, including a revenue obligation, issued or guaranteed by the United States, any state, including this commonwealth, any political subdivision of a state, or any agency or corpo…

Section 403. The secretary by rule or order may require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, unless the security or tra…

Section 404. It is unlawful for any person to make or cause to be made, in any document filed with the secretary or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any m…

Section 405. (a) Neither (1) the fact that an application for registration under Part II or a registration statement under Part III has been filed nor (2) the fact that a person or security is effectively registered constitutes a finding by the secretary that any document filed u…