Business Certification

What is a Business Certificate?

A Business Certificate is a registration of a business that is being conducted within the Town of Oakham. 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 during 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 Smith and Jack Doe were conducting "Jack Doe Housecleaning Services"nthe 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 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 notery or the Town Clerk. 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) 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 responsiblilty 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 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 teschnically you are stopping business in one name and starting business under a new name.

How much does a Business Certificate Cost?

The cost for filing a Business Certificate in the Town of Oakham is $40.00 ($30 filing fee and $10 for certified copy for your records).

The cost for filing a withdrawal, retirement, discontinuance or chanage of address or location is $20.00 ($10 for filing and $10 for certified copy for your records)

Where do I get the Forms?

All forms may be obtained from the Town Clerk's Office during regular business hours which are Monday evenings from 6pm-8pm. and Fridays 10am-12pm. The Business Certificate and Statement of Discontinuance, WIthdrawal from, or Deceased from Business or Partnership form is below. You should also be sure to check with other town departments such as the Board of Health, Selectmen, Building, Zoning, Planning Board, etc. to find out what other approvals or permits you may need in order to conduct your business within the Town of Oakham.

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.


BUSINESS CERTIFICATE

The Commonwealth of Massachusetts 

Town of Oakham

In Conformity with the provisions of Chapter One Hundred and Ten, Section Five of the General Laws, as amended, the undersigned herby declare(s) that a Business is conducted under the title of:

At the location:

Street Address: _______________________________

Mailing Address: ______________________________

By the following named person(s): Include corporate name and title, if corporate officer. Please type or print.            

   Name/Title                                                                      Street /Mailing Address               

_____________________________                        _________________________________

_____________________________                       _________________________________

_____________________________                       _________________________________

_____________________________                       _________________________________

SIGNATURES:                                                      Phone Number:_____________________

Type of Business:___________________________

Name of Business:__________________________

_________________________________        _________________________________

_________________________________        _________________________________

THE COMMONWEALTH OF MASSACHUSETTS

ON___________________the above named person(s) personally appeared before me and make oath that the foregoing statement is true.

Identification Presented: Drivers License #: _______________

Other: _______________

In accordance with the provisions of Chapter 337 of the Acts of 1983 and Chapter 110, Section 5 of MGL, Business Certificates shall be in effect for four years from the date of issue and shall be in effect for fours years from the date of issue and shall be renewed each four years thereafter.

A statement under oath must be filed with the Town Clerk upon discountinuing, retiring or withdrawing from such business or partnership. 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 THIS FORM MUST BE RETURNED TO THE TOWN CLERK WITH A CHECK FOR $40.00. Checks should be made payable to the Town of Oakham.

CERTIFICATE EXPIRES: _______________

Christine Mardirosian/Town Clerk

 

SEAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMONWEALTH OF MASSACHUSETTS

Town of Oakham

Statement of Discontinuance, Withdrawal from, or Deceased from Business or Partnership

In conformity with the Provisions of Massachusetts General Law Chapter 110, Section 5, the undersigned hereby declare that the individual (s) listed below is (are) Deceased ______, Retired from ______, or Withdrawn from ______ the following business: or the business has been discontinued ______.

Business Name:____________________________________________________________________

Location of Business:________________________________________________________________

(Street address as it appears on the Business Certificate)

As set forth in the certificated filed in the Town Clerk's office on:__________________________ (Date of filing)

1._____________________________________________________________________________

      (Name, please print)                              (Address)                                        (Signed)

2._____________________________________________________________________________

      (Name, please print)                              (Address)                                        (Signed)

3._____________________________________________________________________________

      (Name, please print)                              (Address)                                        (Signed)

_________________________________________________________

Signature (Executor/Administrator of Estate if Deceased)


___________________________________ S.S.

On this __________day of ____________________, 20____, before me, the undersigned notary public, personally appeared _______________ and proved to me through satisfactory evidence of identification, which were _______________, to be the person(s) whose name is signed above and swore or affirmed to me that the contents of the document are truthful and accurate to the best of (his) (her) knowledge and belief.

My Commission Expired: _______________

Make Check Payable to the Town of Oakham for $20.00 and includes a self addressed, stamped envelope for a return copy/receipt.

This business was discontinued on: _________________

(Date): ___________________________

(Seal) Received by Oakham Town Clerk