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BUSINESS CERTIFICATES AND TRADEMARK REGISTRATION What is a business certificate? A business certificate is the registration of a business that is being conducted and is located within the Town of Randolph. It is commonly referred to as a " DBA" or "Doing Business As" certificate. Its purpose is primarily for consumer protection and public information. Essentially, it creates a public record of the name and address of the owner of a business. Consumers are entitled to this information and it may not otherwise be readily available. Who must file a business certificate? Massachusetts General Laws Chapter 110, §5 states that any person conducting business under any title or 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 §6 if the corporation is doing business in its true corporate name, or if a partnership is doing business under any title which includes the true surname of any partner. Certain other exemptions exist for trusts and limited partnerships. How do I file or renew a business certificate? Forms for filing are available in the Town Clerk's Office. The certificate includes the name and residence of each person conducting the business, and the location where the business is conducted. The named individuals must either appear in person at the Town Clerk's Office in order to execute the document, or have their signatures on the form notarized by a Notary Public. The filing fee is $20, and the certificate is valid for four years from date of execution. What do I do if I discontinue or withdraw from the business, or move to another location? A "Statement of Discontinuance, Change of Residence..." form must be completed and filed with the Town Clerk if one of the following occurs before the expiration: Business is discontinued. One or more of the persons named on the certificate is withdrawn or retired from the business or partnership. One or more of the persons named on the certificate dies. Change of residence of one of the named persons on the certificate. Change of location where the business is conducted. The forms are available from the Town Clerk. The filing fee for discontinuance, withdrawal, or termination is $10. What if I am conducting the business in my home? A Home Occupation in the Town of Randolph is defined as the partial use of a dwelling unit for nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. A Home Occupation must meet the following criteria: (1) General. Home occupations shall be permitted in residential districts, provided the home occupation is clearly and obviously subordinate to the main use of the dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure of the premises. (2) Conditions. (a) The home occupation shall not exceed 15 percent (15%) of the floor area of the primary structure. (b) Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation. (c) Inventory and supplies shall not occupy more than fifty percent (50%) of the area permitted to be used as a home occupation. (d) There shall be no exterior display or storage of goods on said premises. (e) Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time. Two additional parking spaces shall be provided on the premises, except only one need be provided if the home occupation does not have an employee. Said parking shall comply with the parking requirements of Section 200-19 and 200-22.B. Dwellings.** (f) Before said home occupation opens for business, a business certificate for the home occupation shall be obtained from the Town Clerk. Furthermore, a current business certificate issued by the Town Clerk shall be a requirement to conduct the home occupation. **§ 200-19 Dimensions The gross area devoted to parking spaces and aisles or driveways shall be no less than 300 square feet for each vehicle. The net area for each individual parking space shall be no less than 200 square feet, having minimum dimensions of 10 by 20 feet. A driveway may be considered a parking space for a one-family dwelling. **§ 200-22 Required Number of Spaces Off-street parking spaces shall be provided in accordance with the following minimum requirements: B. Dwellings: one space for each dwelling unit, Dwellings: Home Occupations, two additional parking spaces, or if no employee, only one. [Amended 5-14-2001 ATM, Art. 28, approved 12-21-2001] What is the penalty for failing to file a business certificate? The requirement to file a business certificate is a State Law (MGL Chapter 110, §5). Failure to do so is punishable by a fine of up to $300.00. Are business certificates public documents? Yes. The business certificates are on file with the Town Clerk's Office until one year after expiration, and may be viewed by anyone making a request. Copies are currently available for 20¢ a page. Does the filing of a business certificate protect me from others using the same name? No. The protection of a trademark (word, name, symbol or device) in Massachusetts is accomplished through the Secretary of State's Office. The current fee for such filing is $25, and is good for ten years. Although there is no requirement to register a trademark, doing so can often avoid controversies, confusion, and legal problems over the use of similar or identical name or symbol by others. Where can I obtain further information? For further information about filing a business certificate, call the Randolph Town Clerk's Office at 781-961-0900. For further information about registering a trademark or trade name, contact the Secretary of State's Office at 617-727-8329. For further information about a home occupation contact the Building Inspector at 781-961-0921. |
