How to File a DBA in Massachusetts

Introduction

Key Things to Know

1. 1

   Filed with the city or town clerk rather than a county or the state, a Massachusetts DBA is called a business certificate: a public registration that lets you use a business name different from the owner's legal name, and it creates no separate legal entity.

2. 2

   You file the business certificate with the clerk of the city or town where an office of the business is located (M.G.L. ch. 110 s.5), not with a county or the state. If the business keeps an office in more than one city or town, you file in each one.

3. 3

   There is no statewide Massachusetts form or fee. Each city or town sets its own business certificate fee and provides its own form, so confirm the amount with your city or town clerk. A business with its office in Boston, for example, files with the Boston City Clerk.

4. 4

   Each person named on a Massachusetts business certificate signs it under oath before the city or town clerk or a notary. For a partnership, every partner is named and signs.

5. 5

   Massachusetts does not require you to publish a business certificate notice in a newspaper. The certificate becomes a public record at the city or town clerk once it is filed.

6. 6

   A Massachusetts business certificate is in force for four years from the date of issue and must be renewed every four years while the business continues (M.G.L. ch. 110 s.5).

7. 7

   A business certificate does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with a business certificate is still personally responsible for the business.

Massachusetts Requirements for DBA (Doing Business As)

• File With the City or Town Clerk

  In Massachusetts a DBA is a business certificate filed with the clerk of the city or town where an office of the business is located (M.G.L. ch. 110 s.5), not with a county or the state. File in each city or town where the business keeps an office.

• Municipal Form and Fee

  There is no statewide Massachusetts form or fee. Each city or town sets its own business certificate fee and provides its own form, so confirm the amount with your city or town clerk. A business with its office in Boston files with the Boston City Clerk.

• The Business Name

  The exact name to register on the certificate. It should not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and a certificate is required whenever the business title differs from the real name of the owner.

• Registrant and Owners

  The full legal name and residence of each person conducting the business. Every person named on the certificate signs it under oath, so list each owner of a partnership or joint venture.

• Principal Place of Business

  The street address, including street and number, of the office where the business is conducted. The city or town of that office sets where you file the certificate.

• No Newspaper Publication

  Massachusetts does not require you to publish a business certificate notice in a newspaper. The record is public through the city or town clerk once the certificate is filed.

• Four-Year Term and Renewal

  A Massachusetts business certificate is in force for four years from the date of issue and must be renewed every four years while the business continues (M.G.L. ch. 110 s.5). File a statement of change if an owner, address, or the name changes.

• No Entity, No Trademark, No Liability Shield

  A Massachusetts business certificate 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.