Massachusetts General Laws

Mass. Gen. Laws ch. 182, § 1 (2026)

Definitions

✓ current as of July 2026
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Section 1. The following words, as used in this chapter, shall, except as otherwise expressly provided in section two A, have the following meanings: ''Association'', a voluntary association under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares. ''Secretary'', the state secretary. ''Department'', the department of public utilities or the department of telecommunications and cable. When used in sections two to seven, inclusive, and twelve to fourteen, inclusive, of this chapter, the word ''trust'' shall, except as otherwise expressly provided in section two A, mean a trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, other than a trust established for the sole purpose of exercising the voting rights pertaining to corporate stock or other securities in accordance with the terms of a written instrument.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1924–2025 · leading case: Brigade Leveraged Capital Structures Fund Ltd. v. PIMCO Income Strategy Fund, 466 Mass. 368 (Mass. 2013).
Brigade Leveraged Capital Structures Fund Ltd. v. PIMCO Income Strategy Fund, 466 Mass. 368 (Mass. 2013). “See G. L. c. 182, § 1 (defining business trust as “a trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares”).”
Morrison v. Lennett, 616 N.E.2d 92 (Mass. 1993). “A business trust is defined as “a trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares.”
In Re Medallion Realty Trust, 120 B.R. 245 (D. Mass. 1990). “Little calls the Debtor a "business trust;" such trusts are formed pursuant to Mass. Gen.Laws c. 182 §§ 1 et seq. Since the Debtor did not issue certificates of interest as c.”
Tracy v. Curtis, 405 N.E.2d 656 (Mass. App. Ct. 1980). “The first action (derivative ac *12 tion) was brought by the plaintiffs as minority shareholders of Curtió Realty Trust (Curtió), a Massachusetts business trust with transferable shares (G. L. c. 182, §§ 1 et seq.), against Thomas E.”
Town of Hull v. Tong, 442 N.E.2d 427 (Mass. App. Ct. 1982). “This provision permits a direct action to be brought against a business “trust” as defined in G. L. c. 182, § 1, and subjects its property “to attachment and execution in like manner as if it were a corporation.”
Papale-Keefe v. Altomare, 647 N.E.2d 722 (Mass. App. Ct. 1995). “See G. L. c. 182, § 1. The amendment did not contain any provision altering any other provision of the Realty Trust.”
Minkin v. Comm'r of Revenue, 664 N.E.2d 851 (Mass. App. Ct. 1996). · cites it 2× “Here, the taxpayers’ (the four trusts, collectively) appeal to the Appellate Tax Board (board) was denied because the board, without a hearing, decided that the Commissioner of Revenue (commissioner) had rightly treated the *346 trusts as separate taxable entities.”
Commonwealth v. Novick, 248 Mass. 317 (Mass. 1924). “See G. L. c. 182, § 1. Exceptions overruled.”
Swiss Credit Bank v. First Mortg. Investors, 375 N.E.2d 727 (Mass. App. Ct. 1978). “13, § 1 (and also as that word is used in G. L. c. 182, § 1). We can think of no plausible reason why it should not be considered an "association” within the meaning of N.”
Forbes Fam. Ranch Ltd. Liab. Co. v. Forbes, 111 N.E.3d 305 (Mass. App. Ct. 2018). “See G. L. c. 182, § 1. Around 1984, Sarah B. Forbes (Sal), widow of Waldo E.”
Porter v. Arsenault (D. Mass. 2025). “7 (quoting M.G.L. c. 182, § 1). As explained in the court’s prior order determining the citizenship of the Arsenault Trust for purposes of diversity jurisdiction, see Mem.”
Karpus Mgmt., Inc. v. Putnam Mun. Opportunities Trust, 27 Mass. L. Rptr. 86 (Mass. Super. Ct. 2010). “Although the Agreement and Declaration of Trust does not cite any Massachusetts statute under which the trust is organized, Massachusetts business trusts are governed by G.L.c. 182, §1 et seq. A business trust is “an unincorporated business organization created by an instrument…”
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