Compiled from the official malegislature.gov General Laws API on 2026-08-01. Chapter index: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter110 (API: https://malegislature.gov/api/Chapters/110/Sections/<sec>). Assumed-name / DBA wave: Section 5 is the general certificate requirement (city/town clerk) for any person conducting business under a title other than the real name.
Section 4A. No individual, unincorporated association or partnership shall assume or use in the name or title under which his or its business is transacted the word ''corporation'' or ''incorporated'' or any abbreviated form thereof or any word or phrase which may lead the public to believe that such individual, unincorporated association or partnership is a corporation.
Section 4B. No person, firm, corporation or association, other than an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, shall use, or cause or permit to be used, in the corporate or trade name thereof, or in the description of the seller or of the place where the goods, wares or merchandise are offered for sale or sold, the words or phrases ''Army'', ''Navy'', ''Marine Corps'', ''Marines'', ''Coast Guard'', ''Government'', ''Post Exchange'', ''P–X'' or ''G. I.'', or any of such words or phrases, or any word or phrase which may lead the public to believe that the seller or his or its place of business is owned, operated or managed by the United States government or any agency thereof; provided, that said words or phrases may be used in the corporate name of a corporation organized under the provisions of chapter one hundred and eighty if such use is approved by the state secretary. No person, firm, corporation or association, other than an agency or instrumentality of the commonwealth shall use the words ''Massachusetts State Fair'' or any such words or phrases without the written consent of the commissioner of agriculture.
Section 5. 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, shall file in the office of the clerk of every city or town where an office of any such person or partnership may be situated a certificate stating the full name and residence of each person conducting such business, the place, including street and number, where, and the title under which, it is conducted, and pay the fee as provided by clause (20) of section thirty-four of chapter two hundred and sixty-two. Such certificate shall be executed under oath by each person whose name appears therein as conducting such business and shall be signed by each such person in the presence of the city or town clerk or a person designated by him or in the presence of a person authorized to take oaths. The city or town clerk may request the person filing such certificate to produce evidence of his identity and, if such person does not, upon such request, produce evidence thereof satisfactory to such clerk, the clerk shall enter a notation of that fact on the face of the certificate. A person who has filed such a certificate shall, upon his discontinuing, retiring or withdrawing from such business or partnership, or in the case of a change of residence of such person or of the location where the business is conducted, file in the office of said clerk a statement under oath that he has discontinued, retired or withdrawn from such business or partnership or of such change of his residence or change of the location of such business, and pay the fee required by clause (21) of said section thirty-four. In the case of death of such a person, such statement may be filed by the executor or administrator of his estate. The clerk shall keep a suitable index of all certificates so filed with him which are currently in force and effect, setting forth the pertinent facts, including a reference to any statement of discontinuance, retirement or withdrawal from, or change of location of, such business, or change of residence of such person. A certificate issued in accordance with this section shall be in force and effect for four years from the date of issue and shall be renewed each four years thereafter so long as such business shall be conducted and shall lapse and be void unless so renewed. Copies of such certificates shall be available at the address at which such 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. Violations of this section shall be punished by a fine of not more than three hundred dollars for each month during which such violation continues.
Section 6. The preceding section shall not apply to any corporation doing business under its true corporate name, nor to any partnership doing business under any title which includes the true surname of any partner; nor to any association which has complied with sections five and six of chapter one hundred and fifty-nine; nor to any partnership, joint stock company or association the business of which is conducted by trustees under a written instrument or declaration of trust, provided that the names of such trustees with a reference to such instrument or declaration of trust shall be filed as provided in section five, nor to any limited partnership organized or qualified under chapter one hundred and nine doing business under its true partnership name if such name contains without abbreviation the words ''limited partnership''; nor to a limited liability company or limited liability partnership which is doing business under its true name and which has registered or qualified with the office of the state secretary.