Legal Memorandum: Bank's Liability for Fraudulent Checks in MA

Issue: Under Massachusetts law, can the theory of equitable estoppel be used to hold a bank liable for failing to verify a fraudulent check had passed through an attorney’s trust account?

Area of Law: Banking & Finance Law, Personal Injury & Negligence
Keywords: Equitable estoppel; Bank's liability; Fraudulent check
Jurisdiction: Massachusetts
Cited Cases: 497 F. Supp. 1227; 34 Mass. App. Ct. 20; 892 N.E.2d 777; 72 Mass. App. Ct. 419
Cited Statutes: None
Date: 04/01/2009

Minnesota law does not permit a d/b/a/ to include a corporate designation unless it is authorized to do so.  Minn. Stat. § 333.01, subd. 1 (2008).  The statute provides: 

No person shall hereafter carry on or conduct or transact a commercial business in this state under any designation, name, or style, which does not set forth the true name of every person interested in such business unless such person shall file in the Office of the Secretary of State, a certificate setting forth the name and business address under which the business is conducted or transacted, or is to be conducted or transacted, and the true name of each person conducting or transacting the same, with the address of such person. The name of the business must not include any of the following phrases or their abbreviations: corporation, incorporated, limited, chartered, professional association, cooperative, limited partnership, limited liability company, professional limited liability company, limited liability partnership, or professional limited liability partnership, except to the extent that an entity filing a certificate would be authorized to use the phrase or abbreviation.




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