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Business Certificates

Massachusetts General Laws (M.G.L.), Ch.110, § 5 & 6, and M.G.L. Ch. 227, § 5A
A Portion of a Freetown Business Certificate

Whether you are a sole proprietor working out of your home, a big box store on Main Street, or anything in between, you will need a Business Certificate. Under Massachusetts General Law Chapter 110, Section 5, a Business Certificate is required for "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".  Additionally, for businesses that may not meet that criteria, more banks or financial institutions are requiring a business certificate as a condition of opening bank accounts.

How to File a Business Certificate with the Town of Freetown

To file, it is a two step process:

  1. You must first contact the Building Department (508-644-2201, ext. 3), located on the 2nd floor of Town Hall (3 North Main St.). The Zoning Enforcement Officer will issue either a letter of approval or denial, and may have you apply for a Business Permit, which has it's own fees and timeline associated with it. 
  2. Once the approval letter and/or Business Permit is obtained, all owners of the business will need to appear in person at the Office of the Town Clerk to complete the application for the Business Certificate. Please bring all the documentation provided to you by the Building Department with you.

How to Renew a Business Certificate with the Town of Freetown

Business Certificates are valid for a period of four (4) years from the date of its original filing. They must be renewed every four (4) years for as long as the business is being conducted. The Office of the Town Clerk will send a reminder notice around the time the business certificate is up for renewal. When it is time to renew, any one of the owners of the business must appear in person at the Office of the Town Clerk to renew.

Fee Schedule

ItemFee
Filing a new Business Certificate$40.00
Note: The fee for a Business Permit from the Building Department is separate from that of the Business Certificate. Please contact the Building Department for information regarding fees for a Business Permit or anything else they may require of you.
Renewing a Business Certificate$40.00
Changing a Business Certificate$10.00

Frequently Asked Questions About Business Certificates

What is a Business Certificate or a “Doing Business As” Certificate?

A Business Certificate is a local registration of a business that is conducted within the Town and filed with the Town Clerk, either in person or by mail, in every city/town where a business of any such person, partnership or corporation may be situated. It is commonly referred to as a “d/b/a” (doing business as). The primary purpose of filing is to protect consumers or creditors by identifying the names and addresses of the owners of the business. Essentially, the public has a right to know who “is” a particular business, since a customer will not know who owns the business simply by the name of the business.

NOTE: A business certificate is not a license to do business in the Town of Freetown. You will be required to check with the Zoning Enforcement Officer in the Building Department and first file for a Business Permit before being able to apply for your Business Certificate. Additional licenses/permits issued by other town departments or state agencies may be required in order to do business.

Who must file for a Business Certificate?

Any person conducting a business under any title (business name) other than the complete real name of the person conducting the business must file a business certificate. A person is defined as an individual, a partnership, or a corporation.

Exemptions

Exemptions to filling are allowed under Section 6 if the Corporation is doing business in its true corporate name, or if a legal partnership is doing business under any title which includes the true surname of any. Certain other exemptions exist for trusts and limited partnerships.

What About Corporations?

A corporation must file a DBA unless they are doing business under the true corporate name. For example, if the corporation is Linder Products Inc. and the store is called Bouncy Bears (not Linder Products) then a DBA must be filed. The consumer must be able to contact the Town Clerk to obtain contact information on the owner of the business. Whether or not the corporation has filed with the State as required is not relevant and we do not ask.

Who Must Sign the Business Certificate?

If the business is owned solely by one person, only that person needs to sign. If it is a partnership of two or more people (but not a formal legal entity), both or all of the “partners” must sign. If it is a legal partnership, any officer who has authority to sign on behalf of the partnership may do so. If it is a corporation, an officer who has signatory authority must sign – which is usually the President, but not always. All signatures must be made in front of the Town Clerk or the Assistant Town Clerk. Do not sign the certificate unless it is in front of one of these two individuals. An individual must be 18 years of age or older to legally sign a business certificate.

How Long Is My Business Certificate Good For?

Business Certificates are valid for a period of four (4) years from the date of its original filing. They must be renewed every four (4) years for as long as the business is being conducted. The Office of the Town Clerk will send a reminder around the time the business certificate is up for renewal.

How Do I Make Changes to My Business Certificate?

  • Change of Residence as listed on certificate, change of location of the business within town (but keeps the same business name): You must file either a Statement of Change of Residence, or a Statement of Change of Location of Business.
  • Discontinuance of business, retire or withdraw from conducting business (i.e.: go out of business or move it to another town): You must file a Statement of Discontinuance. If you will be conducting a “Going Out of Business Sale” please contact the Town Clerk’s office regarding the legal requirements for this type of sale.
  • Change the name of the business: You must first file a Statement of Discontinuance and then file for a new Business Certificate for the new business name. You cannot simply change the name of the business as technically you are stopping business in one name and starting business in a new name.
  • In case of death of the owner of the registered business (d/b/a): A statement may be filed by the executor or administrator of the estate.

Does the Filing of a Business Certificate Protect Me From Using the Same Name?

No, The protection of a trademark (wood, name, symbol or device) in Massachusetts is accomplished through the Secretary of State’s Office. (See website below)

Do I Need to Display a Copy of My Business Certificate?

The law states that copies of your certificate must be available at the address at which the business is conducted, and shall be produced for inspection upon request during regular business hours to any person who has purchased goods or services from such business.

What is the Penalty If I Do Not File for a Business Certificate?

Mass General Law Ch. 110, Section 5 states that violations will be punished by a fine of not more than three hundred dollars ($300.00) for each month during which the violation continues.

Where Do I Get The Forms and How Do I File?

All forms may be obtained from and filed at the Town Clerk’s office during normal business hours.

Where Do I Get Tax Information Regarding My Business?

The Massachusetts Department of Revenue (DOR) can answer all of your questions regarding collecting sales tax or other tax questions you may have. The Taxpayer Assistance Bureau is open from 8:45am – 5pm, Monday – Friday. The toll free number is 1-800-392-6089 or (617) 887-6367. The DOR has an extensive rundown of Sales and Use Tax on their website.

You obtain an FID number from the IRS at (800) 829-1040 or (617) 523-1040.

Websites

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