Frequently Asked Questions
Below you will find information that might help you understand how to find things or learn about information you might need to know about your city or town.
Town Clerk - Business Certificates
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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.Town Clerk - Business Certificates
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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.)Town Clerk - Business Certificates
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You must be 18 years of age or older in order to file a business certificate.Town Clerk - Business Certificates
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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.Town Clerk - Business Certificates
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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.Town Clerk - Business Certificates
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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.Town Clerk - Business Certificates
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Town Clerk - Business Certificates
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.
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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.Town Clerk - Business Certificates
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Town Clerk - Business Certificates
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.
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No. The protection of a trademark (word, name, symbol or device) in Massachusetts is accomplished through the Secretary of State’s Office.Town Clerk - Business Certificates