Massachusetts: Assumed-Name (DBA) Registration Requirements
The short answer
Yes. Anyone conducting business under a title other than the operator's real legal name must file a sworn business certificate with the clerk of every Massachusetts city or town where the business has an office. There is no newspaper-publication requirement. The certificate lasts four years and must be renewed every four years; a violation carries a fine of up to $300 for each month it continues.
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This is the general rule in Massachusetts. Ezel applies current Massachusetts law to your specific facts and answers with citations to the statutes.
| Governing law and scheme | Mass. Gen. Laws ch. 110, § 5 — municipal business-certificate system, filed with city and town clerks rather than a statewide DBA registry |
|---|---|
| Who must register | Any person conducting business under a title other than the real name of the person conducting it, individually or as a partnership (§ 5). A business using its exact legal name does not trigger the certificate |
| Filing office | Clerk of every city or town where the business has an office (§ 5); a business with offices in multiple municipalities files in each |
| Filing deadline | No numeric start-up deadline; § 5 requires the certificate whenever a person is conducting business under the other title |
| Publication requirement | None — § 5 requires a sworn municipal filing but no newspaper notice or proof of publication |
| Filing fee | Municipal fee. The statutory default is $1, but a city or town may set a different fee by local action (ch. 262, § 34, opening clause and cl. (20)) |
| Term and renewal | 4 years from issue; renew every 4 years while the business continues or the certificate lapses and is void (§ 5). File a sworn update for withdrawal, residence change, or business-location change |
| Name exclusivity | The § 5 certificate itself states no exclusive-right grant. Separate corporate-name law may block a new corporation whose name is the same as or likely to be mistaken for an existing corporation's or other business's trade name (ch. 156D, § 4.01(b)) |
| Penalty for noncompliance | Fine of up to $300 for each month the § 5 violation continues |
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Requirements one by one
Who files and where
Chapter 110, § 5 reaches "any person conducting business in the commonwealth
under any title other than the real name" of the operator, whether individually
or as a partnership. The certificate is not statewide. It goes to "the clerk of
every city or town" where the business has an office, so a business with offices
in two municipalities files in both.
The certificate identifies each person conducting the business, each person's
residence, the business address, and the business title. Each named operator
executes it under oath before the clerk, the clerk's designee, or another person
authorized to take oaths (§ 5).
Fee and four-year renewal
The statewide fee schedule sets a $1 default for the initial certificate, but
its opening language lets a city or town adopt a different fee by local action
(ch. 262, § 34(20)). Check the filing municipality's current schedule rather
than assuming the statutory default is the amount collected at the counter.
A certificate remains effective for four years and must be renewed every four
years while the business continues. Without renewal, it "shall lapse and be
void" (§ 5). A sworn statement is also required when an operator withdraws,
changes residence, or changes the business location.
The continuing monthly fine
Section 5 makes noncompliance a continuing violation: it authorizes "a fine of
not more than three hundred dollars for each month during which such violation
continues." The provision is a monthly fine, not a one-time filing surcharge.
What trips people up
- One office does not cover every Massachusetts location. The statute says
every city or town where the business has an office. Opening an additional
office in another municipality can create another certificate filing. - The listed $1 is only the statutory default. Chapter 262, § 34 expressly
allows cities and towns to set different clerk fees by local action, so actual
municipal charges vary. - A location or residence change is its own sworn filing. Do not wait for the
next four-year renewal after moving; § 5 separately requires a change
statement with the same clerk. - The certificate does not state a blanket exclusive right. Separate
corporate-name law recognizes existing trade names when testing a proposed
corporate name, but filing the municipal certificate is not the same as
registering a trademark.
Common questions
Must I keep a copy at the business? Yes. Section 5 requires copies to be
available at the business address and furnished during regular business hours
when a customer who bought goods or services asks for one.
Is the business certificate also my business license? No. It creates a
public record of the operators and the name. State and local licensing, tax,
zoning, and professional rules are separate.
Statutes and sources
- Mass. Gen. Laws ch. 110, § 5 — filing trigger, every-municipality office,
sworn contents, changes, four-year term, customer copies, and monthly fine.
Current legislature text (accessed 2026-07-25). - Mass. Gen. Laws ch. 262, § 34(20)–(22) — local fee-setting authority and
statutory default fees. Current legislature text (accessed 2026-07-25). - Mass. Gen. Laws ch. 156D, § 4.01(b) — existing trade names in the
corporate-name similarity rules. Current legislature text (accessed 2026-07-25). - Mass.gov, Business certificates (DBA) in Massachusetts — public-record and
municipal workflow guidance. Official guidance (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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