In accordance with MGL Chap. 110 Sec. 5, any person conducting business in the Town of Tewksbury under a name other than their own name is required to file a Business Certificate (commonly known as "Doing Business As" or "DBA") with the Town Clerk's Office.
The fee for filing is $40.00.
All persons who will be listed as principals of the business must appear together in person to file the certificate, or the certificate may be completed elsewhere in the presence of a Notary Public who must witness the signature of all parties.
If a business is registered in the Commonwealth of Massachusetts as a Corporation and uses the same name to do business as, there is no need to file a Business Certificate in the town.
What is a Business Certificate?
A Business Certificate is a registration of a business that is being conducted within the Town of Tewksbury. Its purpose is primarily for consumer protection and allows the public to identify and locate the owner(s) of a business. Most financial institutions require a copy of the Business Certificate prior to opening a business banking account.
Who must file a Business Certificate?
Any person conducting business in the Town of Tewksbury, under any title other than the real name of the owner, whether individually or as a partnership. If a partnership, EACH individual must sign the application in the presence of the Town Clerk or a Notary Public.
Does a Business Certificate expire?
A Business Certificate is in force and effect for four (4) years from the date of issue. It must be renewed every four (4) years for as long as the business is operating.
What if I go out of business, change my residence, change the location of the business or want to change the name of the business?
A statement under oath must be filed with the Town Clerk upon discontinuing or withdrawal from the business or partnership. There is a $10.00 fee for address/location changes. If you wish to change the name of your business, you must "discontinue" the current Business Certificate and file a new certificate with the new business name.
Must I display a copy of my Business Certificate?
The law states that copies must be available at the address at which the business is conducted and shall be furnished upon request during regular business hours to any person who has purchased goods or services from your business.
Does the Business Certificate give me the right to operate my business?
and is not a permit to conduct business in a residential district. For any proposed use, a determination of the applicability of the Zoning Bylaws is to be made by the Zoning Enforcement Officer prior to commencing such use.
What is the penalty for not filing for a Business Certificate?
The law states that a fine of not more than $300 will punish violations for each month during which the violation continues.