Legal Question in Business Law in Massachusetts

The Legal Way to Fund a Newsletter

For six years, I've been publishing my own newsletter. I don't accept money for it, since Mass. law forbids receiving money for it unless I'm incorporated. A person I know has offered to subsidize the cost for printing and mailing the next issue. Is this still considered receiving money under Mass. law, and hence illegal?


Asked on 4/30/98, 9:26 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Are you sure it's illegal?

I don't believe that Massachusetts prohibits receiving money for newsletters. I don't know of any law that allows a corporation to charge but an individual cannot in any area of law. However, if you make money from a newsletter in certain fields, you may have to licensed by the state as a professional. An example of this is that you probably cannot charge for a newsletter with advice about the stock market unless you are a licensed stockbroker.

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Answered on 5/20/98, 2:19 pm
Thomas Workman Law Offices of Thomas Workman

Printing and subsidizing a newsletter

I am not sure why you think it is illegal to publish a newsletter if you are not incorporated. It may not be a good idea to publish a newsletter while unincorporated, since you may have liability for defamation which could result in your assets being lost. Whether you charge anything for the newsletter does not make that liability any more or any less, in my opinion. There may be a local town ordinance that requires a permit to set up a newsstand, but I know of no law that requires incorporation in order to publish.

If someone has told you it is illegal, ask them for the name of the statute (MGL ch xx Section yy, where xx and yy are numbers). If you can provide that information to me, I can give you a better answer.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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


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