Business Certificates
WHAT IS A BUSINESS CERTIFICATE?
A Business Certificate is a registration of a business that is being conducted within the Town of Barre. It is commonly referred to as a “d/b/a” or “Doing Business As” form.
WHO MUST FILE A BUSINESS CERTIFICATE?
Massachusetts General Law, Chapter 110, section 5, states that any person conducting business under any title (business name) other than the real name of the person conducting the business must file a certificate. A person is defined as an individual, a partnership or a corporation.
Exemptions to filing are allowed under section 6 which include corporations doing business as its true corporate name or a partnership doing business under any title which includes the true surname of any partner. For example if Jane Doe and John Smith were conducting “John Smith Window Cleaning Services” the business would be exempt as would the corporation “Coca Cola Company”. Certain other exemptions exist for trusts and limited partnerships.
WHO MUST SIGN THE BUSINESS CERTIFICATE?
If the business is owned solely by one person, only that person need sign. If it is a partnership, both or all of the partners must sign. 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 a notary or the Town Clerk or her Assistant. Do not sign the certificate unless you are in front of one of these individuals.
An individual must be 18 years of age or older to legally sign a business certificate.
HOW LONG IS THE CERTIFICATE GOOD FOR?
Business certificates are valid for a period of (4) four years from the date of its original filing and must be renewed every (4) four years for as long as the business is “in business”.
It is the responsibility of the business owner to renew.
WHAT IF: I GO OUT OF BUSINESS or CHANGE MY RESIDENCE or CHANGE THE LOCATION OF MY BUSINESS or CHANGE THE NAME OF MY BUSINESS?
If you change your residence as listed on the certificate, or change the location of your business within the town (but keep the same name) you must file either a “Statement of Change of Residence”, or a “Statement of Change of Location of Business”.
If you discontinue your business, retire or withdraw from conducting your business (such as go out of business or move to another town) you must file a “Statement of Discontinuance”. If you will be conducting a “Going out of Business Sale” you must file for a “Removal” or “Termination Sale”.
If you wish to change the name of your business, you must first file a “Discontinuance” and then file a new “Business Certificate” for the new business name. You cannot simply change the name of the business, because technically you are stopping business in one name and starting business under a new name.
HOW MUCH DOES A BUSINESS CERTIFCATE COST?
The cost for filing a Business Certificate in the Town of Barre is $45.00.
($40 filing fee and $5 for certified copy for your records).
The cost for filing a withdrawal, retirement, discontinuance or change of address or location is $25.
($20 for filing and $5 for certified copy for your records).
MUST I DISPLAY MY BUSINESS CERTIFICATE?
The law states that copies of your business certificate must be available at the address at which the business is conducted, and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business.
WHERE DO I GET THE FORMS?
All forms may be obtained from the Town Clerk’s Office during regular business hours which are 9am - 4pm Tuesday thru Thursday or Monday & Wednesday evenings from 7pm-9pm. Click here for Business Certificate Form.
You should also be sure to check with other town departments such as the Board of Health, Selectmen, Building, Zoning, etc. to find out what other approvals or permits you may need in order to conduct your business within the Town of Barre.
WHAT IS THE PENALTY IF I CHOOSE NOT TO FILE FOR A CERTIFICATE?
The law states that violations could be punished by a fine of not more than ($300.00) three hundred dollars for each month during which the violation continues.