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 and it 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.)
Are there any special requirements for a home-based business?
A "Home Occupation Permit" is required for any business based in your home. Apply in person at the Building Department at 141 Keyes Road, Concord, MA or call 978-318-3280. A copy of this permit must be presented when applying for your business certificate.
How do I file or renew a business certificate?
Forms are available in the Town Clerk’s Office or by calling 978-318-3080. 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 $40.
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:
The forms are available from the Town Clerk.
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. CLICK HERE to go to the State's website.
Other information about starting a business in Massachusetts can be found on the State's website at www.mass.gov.