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1. 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.

2. 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.)

3. How old do I have to be to file a business certificate?

You must be 18 years of age or older in order to file a business certificate.

4. Do other departments have to sign off on my application?

Yes. Zoning/Planning Department, Board of Health, Building Department, and Town Manager’s Office have to sign off on the business application before it can be filed.

5. Why do other departments have to sign off on my application?

Other departments have to sign off on business certificate applications in order to show that they have gone over all laws, requirements, and regulations with the party who intends to open their own business. Depending on the business there may be special requirements, laws, and regulations concerning zoning, signage, health concerns, etc.

6. Will I need other documentation?

Other documentation that may be required at the time of filing for a home based business:

-Business owner must be listed as a resident and owner of the property.
-If you rent your home, you must have a letter from your landlord
-If property is a condo, whether you own or rent, a letter from the condo association must be obtained.

7. How do I file or renew a business certificate?

Forms are available in the Town Clerk’s Office or by calling 978-929-6620. 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.

8. What do I do if I discontinue or withdraw from the business, or move to another location?

A new form that states whether the business is being discontinued or if something has changed, must be completed and filed with the Town Clerk if one of the following occurs before the expiration:

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 form is available from the Town Clerk.

9. Are business certificates public documents?

Yes. The business certificates are on file with the Town Clerk’s Office until five years after expiration, and may be viewed by anyone making a request.

10. 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. Massachusetts Secretary of State's Office Website