What is a business certificate?
Commonly referred to by the name "D.B.A." ("doing business as") , a business certificate creates a public record of the name and address of the owner(s) of a business. Consumers are entitled to this informatl
Who must file a business certificate?
Massachusetts General Laws Chapter 110 section 5 states that any person conducting business in the Commonwealth under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file (a certificate) in the office of the clerk of every city or town where an office of any such person or partnership may be situated.
Under Chapter 110, §6 a business certificate is not required if a corporation is doing business in its true corporate name, or if a partnership is doing business under any title which includes the true surname of any partner. Certain other associations and partnerships may also be exempt (refer to above citation for details.)
Are there any special requirements for a home-based business?
If you are working out of your home you must determine if a Home Occupation Permit may be required. Generally if you have no empoyess, no deliveries other than what a normal home would recieve and no customers visiting the business you will not need a Home Occupation Permit. The business owner should check with the Building Department for complete details.
How do I file or renew a business certificate?
Forms are available in the Town Clerk’s Office or on line. Each person named on the certificate must either sign the form in person at the Town Clerk’s Office, or have their signatures on the form notarized by a Notary Public. The filing fee is $60.
For a printable mail-in new Business Certificate request form click here.
What do I do if I discontinue or withdraw from the business, or move to another location?
A "Statement of Discontinuance, Change of Residence..." form must be completed and filed with the Town Clerk if one of the following occurs before the expiration:
Business is discontinued
One or more of the persons named on the certificate is withdrawn or retired from the business or partnership
One or more of the persons named on the certificate dies
Change of residence of one of the named persons on the certificate
Change of location where the business is conducted
If you have an existing Business Certificate which has a change click here.
What is the penalty for failing to file a business certificate?
The requirement to file a business certificate is a State Law (MGL Chapter 110, §5). Failure to do so is punishable by a fine of up to $300.00 per month of violation.
Are business certificates public documents?
Yes. The business certificates are on file with the Town Clerk’s Office until one year after expiration, and may be viewed by anyone making a request.
Does the filing of a business certificate protect me from others using the same name?
No. The protection of a trademark (word, name, symbol or device) in Massachusetts is accomplished through the Secretary of State’s Office.
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