Richard G.

Attorney
Member Since: April 21, 2021
Massachusetts

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Summary info

Hourly Rate
$250
State License
MA
Years Practicing
3
Insurance
Yes
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10 Questions Answered / 4 Recent Answers
August 30, 2024
A: Yes, generally, an independent contractor agreement can be modified after it has been signed. However, any changes must be made formally and typically require the consent of both parties involved. Here’s how to properly modify an independent contractor agreement...although (caution here) I would contact a business/employment law attorney such as myself: 1. Draft a Written Amendment Create an Amendment: Prepare a written amendment or addendum to the original agreement. This document should clearly specify the changes being made and reference the original agreement. Include Details: Clearly outline what parts of the original agreement are being modified and include any new terms or conditions. 2. Get Mutual Agreement Both Parties’ Consent: Both the contractor and the client must agree to the changes. This means both parties should review and approve the amendment. Signature: Both parties should sign the amendment to make it legally binding. It’s a good idea to have each party retain a copy of the signed amendment. 3. Review and Update Documentation Original Agreement: Ensure that the original agreement and any amendments are kept together and clearly documented. Consistency: Make sure that any changes made are consistent with the overall terms of the agreement and applicable laws. Consult an Attorney: Depending on the complexity of the changes, it may be wise to consult with a legal professional to ensure that the modifications are legally sound and properly documented.
August 30, 2024
A: Dissolving a corporation in Massachusetts involves a series of steps to ensure that the process is legally compliant and that the corporation’s affairs are properly settled. Here’s a general outline of some of the process, but you should consult with a corporate attorney/business attorney such as myself: 1. Board Approval - **Board of Directors’ Resolution:** The board of directors must approve a resolution to dissolve the corporation. This resolution should outline the reasons for dissolution and the plan for winding up the corporation's affairs. 2. Shareholder Approval - **Shareholder Meeting:** Hold a meeting of the shareholders to vote on the dissolution. In most cases, a majority of the shareholders must approve the dissolution, although the corporation’s bylaws or articles of incorporation might require a higher percentage. 3. File Articles of Dissolution - **Prepare and File:** File the Articles of Dissolution (Form DSF 28) with the Massachusetts Secretary of the Commonwealth’s office. You can download the form from the Secretary of State's website or file it online. - **Fee:** There is a filing fee associated with this form. 4. Settle Debts and Obligations - **Pay Debts:** Ensure that all the corporation’s debts and obligations are paid. This includes taxes, loans, and other liabilities. - **Distribute Assets:** After settling debts, distribute any remaining assets to shareholders according to their ownership interests. 5. File Final Tax Returns - **Federal and State Tax Returns:** File final federal and state tax returns for the corporation. Indicate that these are the final returns and that the corporation is dissolving. - **Clearances:** Obtain any necessary clearances from state tax authorities, if applicable. 6. Cancel Permits and Licenses - **Cancel Business Licenses:** Cancel any business licenses, permits, or registrations that the corporation holds. ### - **Notice to Creditors:** Notify creditors of the dissolution. This can help to ensure that all claims are resolved before finalizing the dissolution. 8. **Close Bank Accounts** - **Close Accounts:** Close the corporation’s bank accounts and settle any remaining transactions. 9. **Document Retention** - **Keep Records:** Retain the corporation’s records for a period of time as required by law, typically several years. Additional Notes: Legal and Financial Advice: It’s often advisable to consult with a legal or financial advisor to ensure that all aspects of the dissolution are handled properly. Publication: Massachusetts doesn’t generally require publication of dissolution, but local regulations or specific business needs might necessitate it. Completing these steps ensures that the dissolution process is handled smoothly and in compliance with Massachusetts law. Contact me if you have further questions specific to your company as this article is not a complete article.
August 13, 2024
A: Generally, the answer to your question is "yes, a company can restrict employee's personal use of a company-owed device" as the company's have the right to restrict access, use of their own property and further, they have a right to protect proprietary property that may be affected by the personal use of a device which the company owns. Another question that your question raises, is, does a company actually achieve the restriction of its company-owned device in its Acceptable Use Policy. The policy itself needs to be examined by an attorney highly familiar with contract drafting, revision, etc.
August 13, 2024
A: The ramifications of terminating a membership agreement with a fitness club is going to depend highly upon the contract that the club and the club user have executed. The devil is most definitely in the details in any contract. Have your contract reviewed by an attorney with years of experience in contract review/drafting, etc.