Business Certificates

Massachusetts General Law Chapter 110 §5 explains that a DBA (doing business as) is the registration form that must be filed where a business is located if that business is run under any name other than the real name of the business owner. Filing a DBA does not authorize a business to operate as it is not a license. Many businesses do require specific licensing or permits from either State or Town Departments but the filing of a DBA is a merely a means of creating a public record of the name and address of the true owner(s) of a business. A Business Certificate is not required if any corporation is doing business under its true corporate name, nor is it required for any partnership doing business under any title which includes the true surname of any partner, however, many banks now consider it a requirement for opening a business account.

Here in Massachusetts this DBA filing is done at the local level. Each municipality has its own form for such a purpose but they all require the names and addresses of all owners, the name and address of the business and the type of business. All are valid for 4 years.

Business Certificate Application

In Manchester-By-The-Sea, filing a DBA costs $40. 

Obtaining a business certificate/DBA in Manchester-By-The-Sea requires an application process to avoid certificates being issued without proper approvals.

  1. The business owner completes the application, returns it to the Town Clerk with the $40 fee. The form must be notarized before submission or signed in front of Town Clerk's Office staff. The Town Clerk emails the scanned application to:  Building Inspector, Fire Department, Board of Health, Police Department, Historic District Commission, Town Collector, Select Board’s Office. 
  2. If approved by all departments, the Town Clerk mails the certificate to the owner, or, if rejected, informs the owner of any issues.

A Business Certificate does not grant any rights or licenses from the Town to conduct business. The signatories acknowledge the Certificate is not proof of conformity to Zoning Bylaws or Board of Health regulations. It is the responsibility of the applicant to contact the Building Inspector and Health Agent in order to comply with Town Bylaws, rules and regulations. Business owners are also required to register with the Board of Assessors for tax information.

Closing or Making Changes to a Business Certificate

If a business with a current business certificate needs to change address (business location or owner’s home address), discontinue the business, or remove/withdraw a partner/owner, they should complete the Business Certificate Change form.

If the business has a change in DBA name or a completely new owner, they must file a new certificate, not a change.

  • There is no fee for making a change. The certificate will keep its same expiration date.
  • The authorized signer who completed the original certificate should be the one to sign again, except if the original applicant is deceased, then the executor can sign.
  • If an owner/partner is being removed, the one(s) leaving should sign.
  • A change of business location within Manchester-by-the-Sea will require sign off from town departments again to ensure the new location is suitable for the business.

If the business has closed, the owner should check off "Discontinuance" and sign and submit the form to the Town Clerk's Office.

Business Certificate Change/Discontinuance Form