Starting a Business in Mansfield, Massachusetts
- Nathan Harding
- Jul 28
- 5 min read
Filing a Business Certificate also known as a "Doing Business As" (dba)
If you are starting a business in Mansfield Massachusetts, having not filed any sort of paperwork, and advertising in anyway that is not your legal name, you need to have a dba on file with the town. This guide will explain the process and some things to consider.
What Is a DBA and Why Do You Need One?
A DBA (Doing Business As) is a legal registration that allows you to operate your business in Mansfield Massachusetts under a name different from your legal name (for individuals) or registered corporate name (for entities).
Common reasons to file a DBA:
You're a sole proprietor wanting a professional business name
Your LLC or corporation wants to operate divisions under different names
You're testing a new business concept without forming a new entity
You want a more memorable or marketable business name
You're expanding into new service areas or markets
Example: Sarah Johnson wants to start a catering business but "Sarah Johnson" doesn't sound as professional as "Mansfield Catering Company." She needs a DBA to legally operate under that name.
Legal Requirements in Massachusetts
Massachusetts requires DBA registration for any business operating under a name other than the owner's legal name. Here's what the law requires:
Who Must File
Sole proprietors using any name other than their legal name
Partnerships using any name other than the partners' surnames
Corporations and LLCs wanting to operate under additional names
Any business advertising or conducting business under an assumed name
When You Must File
You must file your DBA before you begin conducting business under the assumed name. This means:
Before opening bank accounts in the business name
Before advertising or marketing under the name
Before signing contracts using the business name
Before accepting payments in the business name
Operating without a proper DBA can result in fines and legal complications.
The Filing Process in Mansfield
Step 1: Choose Your Business Name
Your DBA name must meet certain requirements:
Cannot be identical to existing business names in Massachusetts
Cannot mislead the public about your business type
Cannot imply incorporation if you're not incorporated (avoid "Inc." or "Corp.")
Cannot violate trademark rights
Pro tip: Search the Massachusetts Secretary of State database to check name availability before proceeding.
Step 2: Prepare Required Documents
You'll need:
Certificate of Doing Business Under an Assumed Name form
Filing fee ($40)
Step 3: File with Mansfield Town Clerk
In Mansfield, you file your DBA with the Town Clerk's office:
Mansfield Town Clerk Address: 6 Park Row, Mansfield, MA 02048 Phone: (508) 261-7368
Required information:
Your legal name and address
Business address (can be home address for sole proprietors)
Assumed business name
Nature of business
Signature and notarization
Costs and Timeline
Filing Fees
Town Clerk filing fee: Approximately $40
Timeline
Initial filing: Same day if documents are complete
What Happens After Filing
Certificate Issuance
Once you've completed filing and publication requirements, you'll receive your official Certificate of Doing Business Under an Assumed Name. This certificate:
Proves your legal right to use the business name
May be required by banks, vendors, or other businesses
Should be kept with important business documents
Business Operations
With your DBA properly filed, you can:
Open business bank accounts in the assumed name
Sign contracts using the business name
Advertise and market under the business name
Accept payments in the business name
Common Mistakes to Avoid
1. Operating Before Filing
Many business owners start using their business name before completing the DBA process. This can result in:
Inability to open business bank accounts
Contracts that may be legally questionable
Potential fines for non-compliance
Problems with insurance claims or legal disputes
32. Using Restricted Words
Certain words require additional approvals:
"Bank," "Insurance," "Trust" require regulatory approval
Professional terms may require licensing verification
Corporate designations require actual incorporation
3. Not Checking Name Availability
Filing for a name that's already in use can result in:
Rejection of your DBA application
Potential trademark infringement issues
Wasted time and money
DBA vs. Other Business Structures
DBA vs. LLC Formation
DBA Advantages:
Less expensive
Simpler process
No ongoing compliance requirements
LLC Advantages:
Personal liability protection
More professional credibility
Potential tax benefits
Easier to add partners or investors
DBA vs. Corporation
DBA Advantages:
Much simpler and less expensive
No board of directors or corporate formalities
Fewer ongoing compliance requirements
Corporation Advantages:
Strong liability protection
Better for investors or multiple owners
Potential tax advantages
Perpetual existence
When DBA Makes Sense
You're testing a business concept
Simple sole proprietorship operation
Limited liability isn't a major concern
You want minimal administrative burden
Maintaining Your DBA
Record Keeping
Maintain copies of:
Original DBA certificate
Any amendments or updates
Related correspondence
Business Changes
You must file amendments or new DBAs if:
You change the business name
You add additional assumed names
Business ownership changes significantly
You stop operating your business
Tax and Legal Considerations
Tax Implications
Filing a DBA doesn't change your tax status. You'll still:
Report business income on personal tax returns (if sole proprietor)
Pay self-employment taxes
Handle quarterly estimated payments
Legal Protection
A DBA provides:
Legal right to use the business name
Protection against others using the same name locally
Ability to enforce contracts in the business name
A DBA does NOT provide:
Personal liability protection
Trademark protection beyond local area
Tax advantages
When to Seek Professional Help
Consider consulting with an attorney when:
Your business name might infringe on existing trademarks
You're unsure whether DBA or entity formation is better
You have questions about liability protection
You're planning to expand beyond Massachusetts
An experienced business attorney can help you:
Conduct proper name searches
Understand liability implications
Plan for future business growth
Ensure compliance with all requirements
Beyond the DBA: Building Your Business
Once your DBA is filed, consider these additional steps:
Business Banking
Open a business bank account using your DBA certificate
Keep business and personal finances separate
Establish business credit history
Insurance
Obtain appropriate business insurance
Update coverage to reflect your business name
Consider liability protection needs
Marketing and Branding
Register domain names for your business
Create consistent branding materials
Consider trademark protection for valuable business names
Business Licenses
Research required business licenses for your industry
Obtain necessary permits for your location
Ensure ongoing compliance with regulations
The Bottom Line
Filing a DBA in Mansfield is a straightforward process that gives you the legal right to operate under your chosen business name. While it requires some paperwork and publication, it's an essential step for any business wanting professional credibility and legal protection.
The key is following the process correctly: file before you start using the name, complete the publication requirement, and maintain proper records. Don't let the process intimidate you - it's designed to be accessible to small business owners.
Remember, a DBA is often just the first step in building a successful business. As your business grows, you may want to consider forming an LLC or corporation for additional benefits and protection.
Whether you're starting "Mansfield Home Services" or "Bay State Consulting," taking the time to properly file your DBA sets a professional foundation for everything that follows.
This article provides general information about DBA filing requirements and should not be considered specific legal advice. Requirements and fees may change, and individual circumstances vary. Contact the Mansfield Town Clerk for current requirements and consult with qualified legal counsel for advice specific to your situation.
