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
information which may not otherwise be readily available.
Who must file a business certificate?
Massachusetts General Laws Chapter
110, §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).
How do I file or renew a business certificate?
Forms are available in the Town Clerk’s Office
or by calling 781-259-2607. 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. Proper identification
will be required. The filing fee is $20.00.
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 its expiration
date:
• 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is withdrawn or retired from the business or partnership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
The forms are available from the Town Clerk’s
Office.
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. Copies
are currently available for 20¢ a page.
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.
Other information about starting a business
in Massachusetts can be found on the State's
website .
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