Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 51.00 - Land acquisition
Section 51.09 - Record Keeping Requirements
Universal Citation: 301 MA Code of Regs 301.51
Current through Register 1531, September 27, 2024
Upon the completion of an acquisition, the EEA Agency Head shall cause to be kept in the permanent records of the EEA Agency those forms and documents necessary to evidence conformance with 301 CMR 51.00.
(1) Disclosure Requirement.
(a) No agreement by the Commonwealth to
purchase or lease real property, and no extension or renewal of any such
agreement shall be valid, and no payment shall be made by the Commonwealth to
any person in connection with such purchase or lease by the Commonwealth,
unless and until the party disposing of such real property shall have filed a
disclosure statement with the EEA Agency Head setting forth the following
information:
1. the true names and addresses
of all persons and entities, including, without limitation, corporations,
limited liability companies, limited liability partnerships, trusts, and
limited and general partnerships, who have a direct or indirect beneficial
interest, in the real property to be acquired by the Commonwealth and the
extent of such interest; and
2.
which, if any, of the persons listed on such disclosure statement have been
elected to public office in the Commonwealth or are employees of the
Commonwealth.
(b)
Notwithstanding the foregoing, if the stockholder of a corporation, the stock
of which is listed for sale to the general public with the United States
Securities and Exchange Commission, holds less than 10% of the outstanding
stock entitled to vote at the annual meeting of such corporation, such interest
need not be disclosed.
(c) In the
event of any change of the ownership interests in real property leased to the
Commonwealth during the term of the lease, such change shall be disclosed to
the EEA Agency Head in a disclosure statement filed as set forth in 301 CMR
51.09(1)(a) within 30 days of such change.
(d) All such disclosure statements shall be
signed under penalties of perjury by:
1. an
individual lessor or seller;
2. a
duly authorized officer of a corporate lessor or seller;
3. the number of general partners of a
general or limited partnership and the number of trustees of a trust as
executed the agreement agreeing to lease or sell such real property to the
Commonwealth
4. a manager or a
person with respect to a limited liability company, or a partner with respect
to a limited liability partnership, who is authorized in the certificate of
registration or organization thereof, as amended, filed in the Office of the
Massachusetts Secretary of State to execute, acknowledge, deliver and record
recordable instruments affecting real property of that limited liability
company or a limited liability partnership; or
5. such other authorized persons as the EEA
Agency Head may require.
(e) Such statement after consultation with
the Commissioner of DCAMM shall be filed on a form prescribed by the
Secretary.
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