Massachusetts General Laws

Mass. Gen. Laws ch. 180, § 6 (2026)

Corporate powers; religious corporations; indemnification of officers, et al

✓ current as of July 2026

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Section 6. A corporation shall have in furtherance of its corporate purposes the powers specified in paragraphs (a) to (d), inclusive, and clause (k) of section nine of chapter one hundred and fifty-six B and the power to convey land to which it has a legal title. Except as otherwise provided in its articles of organization, a corporation shall have in furtherance of its corporate purposes all of the other powers specified in said section nine except those provided in paragraph (m). To the extent provided in its articles of organization, a corporation shall have the powers specified in sections nine A and nine B of said chapter one hundred and fifty-six B, except that a corporation which constitutes a public charity shall not have the power specified in said section nine B. No power referred to above shall be exercised in a manner inconsistent with this chapter or any other chapter of the General Laws, but this chapter shall not limit or reduce any powers of corporations whether general or special existing on October first, nineteen hundred and seventy-one.

Corporations organized under this chapter or corresponding provisions of earlier laws exclusively for religious purposes shall have the right to purchase, hold, preserve and maintain burial grounds; provided, that no land shall be so used for burial purposes unless such use shall have been permitted and approved in accordance with the provisions of chapter one hundred and fourteen.

Any corporation may hold real and personal estate to an unlimited amount, which estate or its income shall be devoted to the purposes set forth in its charter or articles of organization or in any amendment thereof, and it may receive and hold, in trust or otherwise, funds received by gift or bequest to be devoted by it to such purposes; this provision shall be applicable notwithstanding the specification of a limited amount in any special law.

Indemnification of directors, officers, employees and other agents of a corporation and persons who serve at its request as directors, officers, employees or other agents of another organization or who serve at its request in a capacity with respect to any employee benefit plan may be provided by it to whatever extent shall be specified in or authorized by (i) the articles of organization or (ii) a by-law adopted by the incorporators pursuant to section three or by the members or (iii) a vote adopted by a majority of the members entitled to vote on the election of directors.

The provisions of this section shall apply to by-laws adopted by the incorporator regardless of whether such by-laws were authorized or adopted at any time prior to the effective date of this act.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1977–2021 · leading case: Attorney Gen. v. Hahnemann Hosp., 494 N.E.2d 1011 (Mass. 1986).

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Attorney Gen. v. Hahnemann Hosp., 494 N.E.2d 1011 (Mass. 1986). · cites it 7× “Hahnemann, in its complaint, seeks a declaration that the proposed sale is allowed under G. L. c. 180, § 6 (1984 ed.), and under the terms of the Mary Ida Converse Trust (Converse trust), which provided much of the original funding for the hospital.”

Antioch Temple, Inc. v. Parekh, 422 N.E.2d 1337 (Mass. 1981). · cites it 2× “See G. L. c. 180, § 6. As already noted, Antioch’s by-laws give its board of directors control over its own corporate property, subject only to action by the voting members.”

Thattil v. Dominican Sisters of Charity of the Presentation of the Blessed Virgin, Inc., 613 N.E.2d 908 (Mass. 1993). · cites it 2× “[It] is comprised of several nuns who make no distinction between their business and personal lives .”

New England Forestry Found., Inc. v. Bd. of Assessors, 9 N.E.3d 310 (Mass. 2014). “819, § 3 (amending G. L. c. 180, § 6, to permit charitable corporations, including Trustees, to hold real and personal property in unlimited amount).”

Mass. Assoc. of Ind. Ins. Agents v. Commr. of Ins., 367 N.E.2d 796 (Mass. 1977). · cites it 2× “[8] The commissioner argues that the association is not the "real party in interest" as required by Mass. R. Civ. P. 17 (a), 365 Mass.”

Massachusetts Ass'n of Indep. Ins. Agents & Brokers, Inc. v. Comm'r of Ins., 373 Mass. 290 (Mass. 1977). · cites it 2× “8 The commissioner argues that the association is not the “real party in interest” as required by Mass.”

Framingham Union Hosp., Inc. v. Travelers Ins., 744 F. Supp. 29 (D. Mass. 1990). “The first substantial discussion came in the Hospital’s reply memorandum, in which the Hospital invoked M.G.L. c. 180, § 6. Although the cited provision may further the purposes of ERISA, it would appear to be preempted under 29 U.”

Boston Reg'l Med. Ctr., Inc. v. Seventh Day Adventist Hosp. Ret. Fund (In Re Boston Reg'l Med. Ctr., Inc.), 292 B.R. 718 (Bankr. D. Mass. 2003). “However, Article Four of the Articles of Organization of AAHC provides that: [i]n addition to, and not limited by, the general powers conferred by the Commonwealth of Massachusetts under the Massachusetts General Laws, the Corporation shall have the power to carry on any other…”

The Ann Wigmore Found., Inc. v. The Sterling Found., Inc. (D. Mass. 2021). “Plaintiffs are correct that at one point in its corporate existence, AWF had the power to sue.”

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