Legal Question in Business Law in Massachusetts

"Indian Preference (Contracts)

I have formed a company which will offer ATM's on a profit sharing basis with Native American Tribes at gaming locations. I am the sole owner of the company and am an enrolled member of the Wampanoag Tribe in Massachusetts. I would like to structure agreements with gaming tribes which are competitive but will give me an advantage over non-native owned companies. Can you give me any suggestions on what form of contractual structure should be used? Thank you for your help.


Asked on 4/30/98, 10:10 am

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Getting the best deal licensing ATMs in gaming locations

I think you are looking to take advantage of any provisions that give a tribe owned business legal benefits (for example, tax benefits or ability to enter business ventures normally not available to non-tribe citizens). To accomplish this, an attorney needs to review your business plan, and review the applicable treaties and statutes. One key question to ask is whether the big banks, like BankBoston, will be competing for this business, and what kind of cost structure is traditional in this business. While you will gain some preference because of the ownership of your company is to a fellow tribe member, you need to be in the same ballpark, I think, to get and keep the business.

You also must be able to connect into the banking system to make the ATMs truly effective, but I bet your business plan already has this issue covered. I am unaware of the cost that the network imposes on each transaction. Also, keep your eye open for legislation here in Massachusetts that may limit the fee charged for an ATM transaction. Any agreement you negotiate should anticipate this kind of change in the future.

I would guess that I am in your local area, and I would be happy to help you negotiate a license agreement that would achieve your business objectives.

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Answered on 5/20/98, 2:11 pm


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