301 CMR 51.09
Record Keeping Requirements
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.