Section 40J, of Chapter 579 of the Acts of 1980 provides:
"No agreement to rent or to sell real property or to rent to purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by duly authorized officer thereof giving the two names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the Deputy Commissioner of Capital Planning and Operation".
Under the law, the definition of a public agency includes a city or town. Further, explanatory materials from the Division of Capital Planning and Operation of the Commonwealth indicate that a stockholder is not required to file if his share of the stock or trust is less than 10% of the total stock involved. This provision of the law became effective on July 1, 1981.
Attached to this Administrative Policy and Procedure is a disclosure statement. Town Officials who manage leases and negotiate them for submittal to the Town Manager shall ensure that a disclosure statement is completed by the lessee and submitted with the lease, rental or purchase of real property. This means principally land and buildings.
For the purposes of implementation, it shall not apply to the use of rooms on a night-by-night basis at the community centers for a fee. It does not apply to the formal leases of the tenants of the community center.
In addition, current lessees of town property who have entered into or signed a renewal of a lease after July 1, 1981 shall be required to fill out the form as soon as possible by the appropriate department head.
DISCLOSURE STATEMENT
The undersigned does hereby state, for the purpose of disclosure pursuant to Massachusetts General Laws, Chapter 7, Section 40J, of a transaction relating to real property as follows:
1) REAL PROPERTY:
2) TERM:
3) LESSOR:
4) LESSEE (BUYER):
5) Names and addresses of all persons who have or will have a direct or indirect beneficial interest in the property as Lessee or Buyer:
NAME RESIDENCE
6) None of the above-mentioned persons is an official elected to public office in the Commonwealth of Massachusetts.
Signed under the penalties of perjury:
DATE:
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