How to File a DBA in Maine
In Maine a DBA is an assumed name. A sole proprietor or partnership files with the town or city clerk; an LLC or corporation files with the Secretary of State. Attorney review available.
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Introduction
Maine is unusual in sending a sole proprietor's DBA to the city or town clerk rather than a county or the state, filing it as an assumed name, the public filing that lets a person or business use a name different from the owner's legal name; it creates no separate legal entity. Maine is unusual because where you file depends on who you are. A sole proprietor or a general partnership files a sworn certificate with the clerk of the city or town where the business is carried on (Maine Revised Statutes Title 31, sections 2 and 1), so this filing is municipal, not with a county or the state, and each city or town sets its own fee. There is no statewide Maine fee for a sole proprietor filing, so check your town or city clerk for the current amount. A limited liability company or a corporation instead files a statement of intention to transact business under an assumed name with the Maine Secretary of State; that fee is $125 for an assumed name, and $40 for a fictitious name used by a foreign entity (Title 31 section 1680 for an LLC, and Title 13-C section 123 for a corporation). Maine does not require you to publish an assumed name in a newspaper. Maine also sets no fixed renewal term for an assumed name; a sole proprietor or partnership files a certificate of change or withdrawal with the same clerk when the business or its owners change, and an entity files with the Secretary of State to change or terminate the name. Filing an assumed name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. DocDraft builds your Maine assumed business name filing from your facts, with attorney review available before you file.
Key Things to Know
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In Maine a DBA is called an assumed name, and a sole proprietor or partnership files it with the city or town clerk where the business is carried on. It is a public registration that lets you use a business name different from the owner's legal name; it creates no separate legal entity.
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Where you file depends on the type of filer. A sole proprietor or a general partnership files a sworn certificate with the clerk of the city or town where the business is carried on (Maine Revised Statutes Title 31, sections 2 and 1), not with a county or the state.
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There is no statewide Maine fee for a sole proprietor or partnership filing. Each city or town sets its own fee and provides its own certificate, so confirm the amount with your town or city clerk.
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A limited liability company or a corporation files a statement of intention to transact business under an assumed name with the Maine Secretary of State. That fee is $125 for an assumed name, and $40 for a fictitious name used by a foreign entity (Title 31 section 1680; Title 13-C section 123).
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Maine does not require you to publish an assumed name in a newspaper. The municipal certificate or the state filing becomes a public record once it is filed.
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Maine sets no fixed renewal term for an assumed name. A sole proprietor or partnership files a certificate of change or withdrawal with the same clerk when the business or its owners change, and an entity files with the Secretary of State to change or terminate the name.
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An assumed name does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Maine, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Maine Requirements for DBA (Doing Business As)
In Maine where you file a DBA depends on who you are. A sole proprietor or general partnership files a sworn certificate with the clerk of the city or town where the business is carried on (Maine Revised Statutes Title 31, sections 2 and 1). An LLC or corporation files an assumed name with the Secretary of State.
There is no statewide Maine fee for a sole proprietor or partnership, because each city or town sets its own municipal fee, so confirm the amount with your town or city clerk. An LLC or corporation pays the state 125 dollars for an assumed name, and 40 dollars for a foreign fictitious name (Title 31 section 1680; Title 13-C section 123).
The exact assumed name to register. It should not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and a filing is required whenever the business name differs from the real name of the owner.
The full legal name and residence of the registrant, the type of registrant, and each additional owner or partner. For a general partnership the municipal certificate lists every partner and each partner signs it under oath (Title 31 section 1).
The street address and municipality of the principal place of business. For a sole proprietor or partnership, the city or town where the business is carried on sets where you file the certificate.
Maine does not require you to publish an assumed name in a newspaper. The municipal certificate or the state filing becomes a public record once it is filed.
Maine sets no fixed renewal term for an assumed name. A sole proprietor or partnership files a certificate of change or withdrawal with the same clerk when the business or its owners change (Title 31 section 1), and an entity files with the Secretary of State to change or terminate the name.
A Maine assumed name is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or partner.
Frequently Asked Questions
In Maine a DBA is an assumed name, a public filing that lets a person or company do business under a name different from the owner's legal name. A sole proprietor or partnership registers it with the clerk of the city or town where the business is carried on (Maine Revised Statutes Title 31, sections 2 and 1), while an LLC or corporation registers it with the Secretary of State. It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Maine a DBA (assumed name) is only a name registration; it creates no new entity and gives no liability protection. A Maine LLC is a separate legal entity you form by filing a Certificate of Formation with the Secretary of State, and it shields the owners' personal assets. The filing offices differ too: a sole proprietor files a DBA with the town or city clerk, while an LLC forms and files with the Secretary of State. You can have both, since an existing LLC can file an assumed name to run a brand under another name.
It depends on who you are. A sole proprietor or general partnership files a sworn certificate with the clerk of the city or town where the business is carried on (Title 31, sections 2 and 1), and each city or town sets its own fee, so there is no statewide sole proprietor fee. An LLC or corporation files a statement of intention to transact business under an assumed name with the Maine Secretary of State, where the fee is $125 for an assumed name and $40 for a foreign entity's fictitious name (Title 31 section 1680; Title 13-C section 123).
No. Maine does not require you to publish an assumed name in a newspaper. Once a sole proprietor or partnership files the certificate with the town or city clerk, or an LLC or corporation files with the Secretary of State, the assumed name becomes a public record on its own. This is different from some other states that require a newspaper notice, so in Maine your steps end with the filing itself and no publication run.
Maine sets no fixed renewal term for an assumed name, so the registration does not expire on a set schedule. A sole proprietor or partnership files a certificate of change or withdrawal with the same city or town clerk when the business, an owner, or the name changes, or when the business stops using the name (Title 31 section 1). An LLC or corporation files with the Secretary of State to amend or terminate its assumed name. Keep your filing current so the public record matches the business.
You generally need a Maine assumed name filing when you conduct business under a name other than the owner's real name. For a sole proprietor or partnership that means filing the certificate with the town or city clerk where the business is carried on (Title 31, sections 2 and 1). For an LLC or corporation using a brand other than its registered legal name, that means filing a statement of intention with the Secretary of State. A bank or vendor often asks to see the filing before opening an account in the business name.
No. A Maine assumed name is a public record connecting a name to the person using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation with the Secretary of State.
Yes. For a general partnership, the sworn certificate filed with the town or city clerk lists every partner and their place of residence, and each partner signs it (Title 31 section 1). For an LLC or corporation, the entity itself is the registrant on the statement of intention filed with the Secretary of State. Listing the correct owners matters because the assumed name filing connects the business name to the people or entity actually conducting the business in Maine.