Massachusetts General Laws

Mass. Gen. Laws ch. 182, § 6 (2026)

Suits against associations or trusts; seals

✓ current as of July 2026

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Section 6. An association or trust may be sued in an action at law for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly authorized agents of such trustees, or by any duly authorized officer of the association or trust, in the performance of their respective duties under such written instruments or declarations of trust, and for any damages to persons or property resulting from the negligence of such trustees, agents or officers acting in the performance of their respective duties, and its property shall be subject to attachment and execution in like manner as if it were a corporation, and service of process upon one of the trustees shall be sufficient.

An association or trust may have a seal, which it may alter at pleasure, and which may be used by the trustee or trustees of such association or trust as his or their seal. An impression of a seal purporting to be the seal of such an association or trust shall be sufficient for all purposes without the use of a wafer or wax.

Notes of Decisions

Cited in 10 cases, 1925–2020 · leading case: Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334 (11th Cir. 2002).

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Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334 (11th Cir. 2002). · cites it 3× “17(b), in combination with Mass. Gen. Laws ch. 182 § 6, compels us to conclude that Growth Fund is a Massachusetts Citizen for diversity purposes.”

Town of Hull v. Tong, 442 N.E.2d 427 (Mass. App. Ct. 1982). · cites it 5× “Most significant is G. L. c. 182, § 6, which accords creditors of business trusts, as contrasted with creditors of traditional trusts, rights similar to those available to creditors of other business associations.”

Bouchard v. First People's Trust, 148 N.E. 895 (Mass. 1925). · cites it 3× “The single question here presented is whether the action can be maintained against the defendant as a “voluntary association” under G. L. c. 182, § 6. The facts respecting the First People’s Trust are agreed.”

Morrison v. Lennett, 616 N.E.2d 92 (Mass. 1993). “” G. L. c. 182, § 6 (1990 ed.). 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.”

First E. Bank, N.A. v. Jones, 602 N.E.2d 211 (Mass. 1992). “9 See G. L. c. 182, § 6 (1990 ed.). We conclude, therefore, that the provisions of G.”

Cheng v. Chin Wai Yip, 158 N.E.2d 331 (Mass. 1959). “Foote v. Cotting, 195 Mass. 55, 60 . See Horowitz v.”

Swenson v. Horgan, 167 N.E.2d 743 (Mass. 1960). “It does not appear that they were subject to G. L. c. 182, § 6. Exceptions overruled.”

Hunters Brook Realty Trust v. Sampson, 1980 Mass. App. Div. 57 (Mass. Dist. Ct., App. Div. 1980). “Compare G. L. c. 182, § 6. Since the issue has not been raised, we deem it waived.”

Atl. Specialty Ins. Co. v. Karl's Boat Shop, Inc. (D. Mass. 2020). “Mass. Gen. L. ch. 182, § 6. KBS Realty Trust is a nominee trust, Compl.”

Rudnick v. Zelechowski, 3 Mass. Supp. 25 (Mass. Super. Ct. 1981). “Although by statute, G.L.c. 182, section 6, a business trust .”

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