The local filing at Town Hall known as a business certificate is also called a d/b/a, which stands for “doing business as”. If you are a single proprietorship, partnership or corporation doing business under a name other than your own or incorporated name, you must file a d/b/a at the local Town Clerk’s office. The fee for filing is $20.00 for a 4 year certificate. The certificate is executed under oath by each person whose name appears as conducting business.
The only case in which you do not have to file a d/b/a is when you are doing business as a sole proprietor under your own complete name, such as John Smith Company; or if you are incorporated and are doing business under the true corporate name.
Your filing of a business certificate at the local Town Clerk’s office does NOT protect your name or reserve it as does a corporate filing or a trademark registration (which is done through the state). It also does not give you permission to operate a business in the town – it only registers your name (some states refer to these as fictitious name documents). In order to legally operate a business in the town you must get the appropriate permits, permissions, variances, etc. that are required by the issuing departments of the town.
A business certificate primarily allows consumers and/or creditors to identify the names of the actual owners of a business. Therefore, a City or Town Clerk may even accept more than one certificate with the identical business name in order to provide this public record.
If during the life of the business certificate the person or persons who filed discontinue, retire, withdraw or change location where the business is conducted, notification must be made to the Town Clerk of such action and appropriate fees will be charged.
For a Business Certificate Form, please CLICK HERE
Violators, who do not file, may be fined not more than $300.00 for each month during which such violation continues.
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