How to File a DBA in Massachusetts
In Massachusetts a DBA is a business certificate filed with your city or town clerk under M.G.L. ch. 110 s.5. It runs four years and needs no newspaper publication. Attorney review available.
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Introduction
Massachusetts registers a DBA at the city or town level, calling it a business certificate: the public filing that lets a person or business use a name different from the owner's legal name, and it creates no separate legal entity. Massachusetts files DBAs at the city or town level, not with a county or the state. You file the business certificate with the clerk of the city or town where an office of the business is located, and if the business keeps an office in more than one city or town you file in each one (M.G.L. ch. 110 s.5). Because filing is municipal, there is no single statewide form or fee; each city or town issues its own form and sets its own fee, so check your local clerk for the current amount. For example, a business with its office in Boston files with the Boston City Clerk. Massachusetts does not require you to publish a business certificate in a newspaper. Each person named on the certificate signs it under oath before the clerk or a notary. A Massachusetts business certificate stays 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). Filing a business certificate 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 Massachusetts business certificate from your facts, with attorney review available before you file.
Key Things to Know
- 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
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
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
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
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
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
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.
Key decisions before you file
Before you file a DBA (Doing Business As) in Massachusetts, 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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Massachusetts Requirements for DBA (Doing Business As)
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.
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 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.
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.
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.
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.
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.
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.
Frequently Asked Questions
In Massachusetts a DBA is a business certificate, a public filing that lets a person or company do business under a name different from the owner's legal name. You register it by filing the certificate with the clerk of the city or town where an office of the business is located (M.G.L. ch. 110 s.5). 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 Massachusetts a DBA (business certificate) is only a name registration you file with the city or town clerk; it creates no new entity and gives no liability protection. A Massachusetts LLC is a separate legal entity you form by filing a Certificate of Organization with the Secretary of the Commonwealth, and it shields the owners' personal assets. You can have both, since an existing LLC can file a business certificate to run a brand under another name. Choose based on whether you need liability protection or just a name.
You file a business certificate with the clerk of the city or town where an office of the business is located, not with a county or the state (M.G.L. ch. 110 s.5). Because filing is municipal, the form and fee are set by each city or town, so there is no single statewide fee. A business with its office in Boston, for example, files with the Boston City Clerk. Check your own city or town clerk for its current fee.
No. Massachusetts does not require you to publish a business certificate in a newspaper. Once you file the certificate with the city or town clerk it becomes a public record on its own, and the clerk can issue certified copies. This is different from some other states that require a newspaper notice, so in Massachusetts your steps end with the municipal filing and the four-year 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). You renew it with the same city or town clerk. If an owner, address, or the name changes, or if you stop using the name, you file a statement of change or discontinuance with that clerk. Track the four-year date so your registration does not lapse.
You generally need a Massachusetts business certificate when you conduct business under any title other than the real name of the owner (M.G.L. ch. 110 s.5). That covers a sole proprietor using a brand name, a partnership operating under a trade name, or a company using a name other than its registered legal name. Filing on time matters because a bank or vendor often asks to see the certificate before opening an account in the business name.
No. A Massachusetts business certificate 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 a certificate 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.
Yes. A Massachusetts business certificate names each person conducting the business under the assumed name and their residence. For a partnership, every partner is named as a registrant. Each person named signs the certificate under oath before the city or town clerk or a notary. The clerk records the names together on the one certificate for the assumed name, and a city or town may charge for additional certified copies.