If you’re planning to start a business in Massachusetts using a specific name, you may need to register for a business name. Business name registration is commonly called a Massachusetts DBA or “Doing Business As,” but is officially called a Business Certificate.
Check out our guide to see if you need to register for a Massachusetts Business Certificate and the steps to register.
Related: Starting A Business In Massachusetts Checklist
What is the Business Certificate?
A Business Certificate, commonly known as a “Doing Business As,” DBA, Trade Name, Assumed Name, or Fictitious Name, is a name used by a business that is different from the legal name of the business.
When a business wants to operate under a name other than its legal name, the state of Massachusetts, like most states, requires it to register its business name. The registration requirement is under Massachusetts state statute, M.G.L. ch.110 §5, to protect consumers from business owners hiding anonymously behind a business’s name.
Who needs to register for a Massachusetts Business Certificate?
The requirements and need to register for a Trade Name vary depending on the type of business entity.
The sole proprietorship and general partnership are the most common entities that register for a Business Certificate.
The legal name of a Massachusetts sole proprietorship or partnership can be the owner’s full first and last name, which can be used without registering. For example, if Carl Smith starts a business detailing cars but doesn’t operate with a specific name, he doesn’t have to register. However, if Carl decides to name his business Carl’s Clean Classics, he needs to register.
A corporation and Limited Liability Company won’t typically register for a Massachusetts DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a Massachusetts corporation or Limited Liability Company without forming another entity.
What are the steps to file a Business Certificate in Massachusetts?
Step 1: Verify Name Availability
Before registering a name, it’s important to know that the names of registered business entities or trademarked names can’t be registered. To find out if your name is being used, you will want to do a few searches:
- Massachusetts trademark search on the Secretary of the Commonwealth website
- Federal trademark search on the U.S. Patent and Trademark Office website
Step 2: Obtain the Business Name Certificate Application
A Business Certificate form can be obtained from the Town or City Clerk in the community where the business is located. The form is usually available on the Clerk’s website or at their office.
Step 3: Fill out the Form
Common information required on the form includes:
- Assumed name being requested
- Name and address of the owner
- Type of business
Step 4: Notarize the Form
Before signing the form, be sure to have the form notarized. Most Town or City clerk offices have a notary on site.
Step 5: File the Form
Submit the Trade Name form along with the payment to the Town / City Clerk.
Massachusetts DBA FAQs
How much does a Business Certificate cost in Massachusetts?
The cost to register a Trade Name varies by city but is typically between $30 and $65. The name must be renewed every four years.
Are there any naming restrictions when filing a Massachusetts DBA?
A DBA can’t use a business entity suffix that is different from the type of entity. For example, a sole proprietorship can’t use LLC or corporation in its name.
Additionally, DBAs can’t be registered using words related to military branches, fire, and police, in addition to state or federal departments.
Can someone use my business name after registering a Massachusetts DBA?
There is no protection from anyone else using your same name.
If stopping others from using your business name is important, you can protect it through a federal trademark through the U.S. Patent & Trademark Office.
Learn more about trademarking a business name.
Does a DBA need an EIN?
An EIN or Employer Identification Number is a unique nine-digit number that some businesses register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business with employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
How many DBAs can you have in Massachusetts?
There is no limit to the number of DBAs registered in Massachusetts.
What is the difference between a Massachusetts Business Certificate Name and a business license?
These are actually two different business registrations. In addition to the Massachusetts Trade Name registration, most businesses need a business license. The licenses a business will need vary depending on its activities and local registration requirements.
Related: What business licenses are needed in Massachusetts?
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