Starting a Business in Massachusetts

If you are thinking of starting a business in Massachusetts there are a few simple steps you should take to protect yourself and your company.  First and foremost, decide on the proper business entity to start your business. Massachusetts has a few options which include, but are not limited to, the sole proprietorship, limited liability company, partnership, and full-blow corporation. Even if you think you have a "simple" business (you are the only employee and you work out of your house), choosing the proper business entity could protect you from liability.

Employees add another level of consideration when choosing a business form. Through the doctrine of respondeat superior, an employer is liable for the actions of their employees (with limited exceptions). Additionally, employers can even be held liable for actions of independent contractors in certain situations.

The type of business entity you select will have tax consequences.  Many times it is most advantageous to plan the form of your business around tax considerations. You can greatly reduce your tax burden by selecting the proper business form.

Other considerations when starting a business in Massachusetts are whether you are required to have any permits or licenses and how you can get a bank loan to get your business jump started.  Massachusetts has many different permits and licenses that certain businesses are required to hold.  Keeping your permits and licenses up-to-date should be a part of any business' long-term plan.  Additionally, many banks are willing to provide loans to start-ups if they present themselves correctly.  Part of your presentation to a bank or other investors should include a sound legal platform.

Here is a great link to resources that the Commonwealth has put together for start-ups in Massachusetts.

If you have any questions about starting a business in Massachusetts, do not hesitate to contact an attorney at Bohnet and Romani, P.A. www.Bohnet-Romani.com

Nothing in this blog constitutes legal or tax advice. Do not rely on any representations made in this blog before consulting a qualified attorney.

By: Attorney Geoffrey Farrington

VALOR Act Helps Massachusetts Veterans Who Are Accused of Crimes

Veterans of our nation's armed services may be eligible for a special program designed to help them through the court system should they find themselves accused of committing a crime.  The law is called "An Act Relative to Veterans' Access, Livelihood, Opportunity, and Resources," also known as the VALOR Act. The purpose of the Valor Act is to provide veterans, who have been honorably discharged from any branch of the United States Armed Forces, with an evaluation given by the United States Department of Veterans Affairs or the Massachusetts Department of Veterans Services, to see if they are eligible to go into a diversion program, instead of going into the traditional justice system.  The act actually provides for many more benefits to veterans than just the criminal diversion program.

The diversion program provides veterans with a chance rehabilitate and improve their mental health by being placed into a program that is specialized to their needs.  Each participant will has an individualized treatment plan, in which they must follow exactly, to stay in the program. The participants  regularly meet with their case manager to be evaluated on their progress. The participants must adhere to all of the conditions of the Veterans Court Diversion Program, to remain in the program. The Valor Act provides a second chance for veterans who have had no prior convictions or trouble with the law (with the exception of traffic violations), so that they will be able to better function in society. Upon completion of this program or community service, the criminal case will be dismissed and the veterans’ record will remain clean.

This is a great program for those veterans who qualify, although not all veterans are eligible for the program and each case must be examined before the diversion program can be made an option.  The main theory behind the program is that veterans, who have become emotionally/mentally scarred as a result of service in the military, should be treated differently when they are accused of a crime.

There are time limits for trying to get into the diversion program after arrest.  Currently, there is only one special Veteran's Treatment Court in Norfolk County, but more courts are planned to open throughout Massachusetts.  However, a Veteran's Treatment Court in a specific county is not necessary to take advantage of the program.

Please feel free to contact one of the attorneys at Bohnet & Romani, P.A. if you should have any questions about this special program for veterans. (413) 283-6455 www.Bohnet-Romani.com

This article was prepared with the assistance of Amanda Scungio.