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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?

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. This is according to Massachusetts General Laws Chapter 110, §5.

3. Who is not required or exempt from filing?

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.) This is in accordance with Chapter 110, §6.

4. Are there any special requirements for a home-based business?

A "Home Occupation Permit" is required for any business based in your home. Apply in person at the Building Department at:
141 Keyes Road
Concord, MA

Or you may also call 978-318-3280. A copy of this permit must be presented when applying for your business certificate.

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

Forms are available in the Town Clerk’s Office or by calling 978-318-3080. 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. The filing fee is $40. Our address is:
22 Monument Square
Concord, MA 01742

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

A "Statement of Discontinuance, Change of Residence..." form 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- One or more of the persons named on the certificate is withdrawn or retired from the business or partnership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 Town Clerk manages the Business Certificate form (PDF).

7. What is the penalty for failing to file a business certificate?

The requirement to file a business certificate is a State Law (Massachusetts Government Law Chapter 110, §5). Failure to do so is punishable by a fine of up to $300 per month of violation.

8. Are business certificates public documents?

Yes. The business certificates are on file with the Town Clerk’s Office until 1 year after expiration, and may be viewed by anyone making a request. Copies are currently available for 20 cents a page.

9. 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.