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Should my Website Terms and Conditions be in compliance with WY or MA law?

Sudbury, MA |

My one-person LLC is incorporated in WY. It is registered in MA as a foreign corporation where my home and home office is located. The business has a general purpose website that is not capable to transact (or sell anything) business. It only provides general business information. My business appeals to the general audience of all 50 states. Question: Should my Website Terms and Conditions be in compliance with WY or MA law?

Attorney Answers 3


  1. Not in some general sense, but the answer depends on what you are doing. For example, if your site solicited the public to make donations to your venture or even to a charitable cause it will need to comply with the laws of each state where those residents are solicited. In some states, this will require a proper registration, while in others nothing needs to be done. I know this isn't your situation but your facts are unknown.

    If you are speaking to the governing law that controls your web terms, it is usually going to be that which favors you most. Often, the terms will choose local law (Mass in your case) and a local choice of venue (again Mass in your case). Alternatively, arbitration is often used especially when the client base is national or international.

    As a WY company all matters of corp or LLC law will be governed under the WY Act (this is different from the law that governs the contract or web terms). This is a very good, progressive and business friendly act, but the likelihood that you will ever realize a benefit by having filed in WY is slim to none.

    I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

    Best regards,
    Frank
    Natoli-Lapin, LLC

    DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.


  2. I'm sure I've seen this posting from you several times.

    If you reside and effectively do business in Massachusetts, have them conform to that law. Wyoming is not roaming the net looking for non-conforming terms and conditions.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Messrs. Natoli and Doland are correct and I agree with both of them. Massachussets is where you do business, and Wyoming is not. Comply with Massachussets law. That said, if you also do business in other states, then you may need to comply with the laws in those states too, depending upon what you are doing.

    The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

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