How to Register a Business Name in Massachusetts
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You can register your business name in Massachusetts via three methods. You can create a distinct legal entity by forming an LLC or Corporation or choose to file a DBA (known officially as a Business Certificate Name) if you operate as a sole proprietor or general partnership. For increased legal protection and nationwide recognition of your business name consider filing a federal trademark.
You should register your business name before other registrations for Massachusetts businesses, such as:
- Registering with the Massachusetts Department of Revenue (DOR) to receive a Sales and Use Tax Registration Certificate (Form ST-1)
- Register as an employer for withholding tax and unemployment insurance (UI)
- Obtaining required licenses from the Division of Occupational Licensure (DOL) and local clerk’s office
- Applying for an Employer Identification Number from the IRS
- Establishing a business bank account
How much does it cost to Register a Business Name in Massachusetts?
The cost to register a Massachusetts business name varies depending on the type of registration:
- Massachusetts LLC cost: $500
- Massachusetts Corporation cost: $265
- Massachusetts DBA cost: $30-65 (varies by location)
Steps to Registering a Business Name in Massachusetts:
1. Check Business Name Availability
As you start the process of registering your business in Massachusetts, checking your name is one of the most important steps. You want to be sure the name you like isn’t already taken or is too similar to other names in use. This is a big deal because it helps you avoid problems like having the same name as another business or denial of your registration. To cover all your bases, make sure to do three specific kinds of searches:
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Start your Massachusetts business name search with the help of professionals.
Trademark Search
Ensuring your business name’s availability starts with a trademark search. Trademarks hold federal-level protection, superseding local and state registrations, so you need to make sure your chosen name isn’t trademarked. If it matches an existing trademark, consider developing a new business name to avoid potential problems.
The U.S. Patent and Trademark Office (USPTO) database can be searched by visiting the Trademark Electronic Search System (TESS) page. However, understanding TESS results can be challenging for those unfamiliar with the system. For a more accessible experience, you can use the Free Trademark Search by Trademark Engine, which simplifies the results.
Massachusetts Business Name Search
After ensuring that your desired business name wasn’t previously trademarked, the next step is conducting a Massachusetts business name search. Use the Massachusetts Business Entity Search to ensure your name isn’t already registered in the Massachusetts business database.
Do more than just search for an exact match of your chosen name. Try partial name searches and use wildcard characters. If you don’t, your business name registration could be rejected if it’s too similar to an existing business.
Pro Tip: Keep a vigilant eye on whether your intended business name has historical usage, even if it currently appears available. Choosing to use a previously registered name can trigger issues when attempting to secure an EIN.
Using a previously registered name often triggers an error during the EIN application process, leading to the issuance of reference number 101. Such an error arises when your chosen name matches or closely aligns with a name that has already been assigned an EIN. If the IRS system detects historical registration, your application will be returned with reference error 101. For EIN applications that get reference error 101, the only way to get an EIN issued under that name is to contact the IRS and send formation-related documents via fax, which is quite cumbersome.
Website Domain Search
After verifying there’s no trademark or state registration issues with your business name, the last step is making sure your website domain name is available. You may find that someone else already has the .com or ideal version of your domain name, so you’ll need to decide if you’ll be ok with that or if you need to start from the beginning again. If your domain name is available, you should register it even if you don’t plan on making a website anytime soon to prevent anyone else from using it. You’ll need to register your domain if you want email addresses with your business name.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
Before you register your business name in Massachusetts, it’s vital to determine the appropriate business structure. This choice impacts the type of registration you’ll need to complete and has an impact on import aspects of your business, such as personal liability protection, financing opportunities, and tax implications. Consider factors like the number of owners, financial requirements, your tolerance for liability, and tax preferences. Our guide Choosing a Business Structure provides comprehensive information for further insights.
Recommended Business Structure:
Considering an LLC is a solid move for new businesses. You get the best of all worlds – liability protection that sole proprietors and partnerships can’t match, and you steer clear of the double taxation burden faced by corporations. Keep things simple while enjoying these unique perks.
You can use a professional filing service to get help from experts filing your LLC. Check out our list of the best LLC filing services to find the right one for your business.
LLC
An LLC is a business entity under Massachusetts law (M.G.L. ch:156C) that safeguarding owners from personal liability for company obligations, with the added benefits of adaptable management structures and potential tax advantages.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in Massachusetts?
Yes, to establishing your business legally as an LLC in Massachusetts you must complete registration with the Massachusetts Secretary of State.
Corporation
A corporation is business type under Massachusetts law (M.G.L. ch:156D) that is recognized as legally separate from it’s owners. As a result the owners (known as shareholders) have personal liability protection. It’s a good choice for business that plan on raising large amounts of outside capital or going public in the future.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in Massachusetts?
Yes, for legal recognition as a Corporation in Massachusetts, you need to be registered with the Massachusetts Secretary of State.
Sole Proprietor
A sole proprietorship is an individual’s business. Launch with ease and fewer forms. There’s no legal separation between the business and owner, which means they have unlimited personal liability.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in Massachusetts?
If you operate as a sole proprietor in Massachusetts and your business name doesn’t consist of both your first and last name, you’re required to register it by submitting a “doing business as” name (DBA) application. As an example, if you’re “Andrew Wilson ” and you offer accounting and bookkeeping services, the name “Andrew Wilson Accounting” doesn’t need registration, but if you wanted a more brandable name like “Precise Ledger Solutions,” you’ll be legally required to register.
Partnership
A partnership is established by 2 or more owners who agree to share responsibilities, assets, profits, and legal liabilities. Profits and losses flow directly to owners, who report their respective portions on personal taxes.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in Massachusetts?
Partnerships in Massachusetts are required to file a “doing business as” (DBA) name if their chosen business name doesn’t have the last names of all partners. For example, if a technology solutions company is started as a partnership by Jessica Lee, Christopher Martinez, and Amanda Stevens, they can operate under the name “Lee, Martinez & Stevens Tech Solutions” without registration. However, if they opt for a distinct and catchy name like “Innova Tech Dynamics,” they would need to file for a Business Certificate Name (DBA).
3. File your Massachusetts Business Name Registration
Having secured your business name and decided on its structure, it’s time to make things official in Massachusetts. Navigate to the registration process that aligns with your business type. If you’re starting as a sole proprietorship or partnership, you’ll register your business name via a DBA filing.
Register a Massachusetts LLC Name
If you’re planning to register an LLC in Massachusetts, you’ll need to file a document known as a Certificate of Organization (Form D) with the Massachusetts Secretary of State. There is filing fee of $500 to create a Massachusetts LLC. You’ll provide key details about your business in your Certificate of Organization (Form D), such as:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Resident Agent
Massachusetts LLC Name Requirements
Massachusetts LLCs must use a name that follows the naming rules outlined in Massachusetts law (M.G.L. ch:156C § 3):
- Must be distinguishable (unique) from all others businesses registered with the Massachusetts Secretary of State
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Army, Navy, Marine Corps, Coast Guard, Government, PX, GI, Fire, Police, State, Federal
For more in-depth information check out our How to Start an LLC in Massachusetts guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a Massachusetts LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Massachusetts LLC.
Register a Massachusetts Corporation Name
To officially establish a Corporation in Massachusetts, you’ll need to file Articles of Organization with the Massachusetts Secretary of State, which costs $265. In your Articles of Organization submission, you’re required to include specific information, such as:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Resident Agent
Massachusetts Corporation Name Requirements
Corporations in Massachusetts are required to use a name that follows the rules detailed under Massachusetts law (M.G.L. ch:156D § 4.01):
- Must be distinguishable (unique) from all others businesses registered with the Massachusetts Secretary of State
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Army, Navy, Marine Corps, Coast Guard, Government, PX, GI, Fire, Police, State, Federal
Want to Incorporate in Massachusetts?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Massachusetts, which covers each step you’ll need to complete to start a Massachusetts corporation.
Register a Massachusetts DBA (Business Certificate Name)
A Massachusetts DBA (Business Certificate Name) allows a business to operate using a business name that is different than their legal name. To register a Massachusetts DBA you’ll need to complete a Business Certificate Application and submit it to the city or town clerk’s office, along with the filing fee of $30-65 (varies by location). You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Business Certificate Name)
- Address where business is transacted
Massachusetts DBA (Business Certificate Name) Requirements
The rules for a Massachusetts Business Certificate Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Business Certificate Name. DBAs also can’t contain prohibited words or words that imply association with government entities.
You’re required to register a DBA if you operate under any name other than your legal name in Massachusetts. Failure to do so is punishable by a fine of up to $300 per month of violation under Massachusetts Government Law Chapter 110, §5
Massachusetts DBA Registration Assistance
Get help registering your Massachusetts DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Securing a trademark can provide increased control and protection over your Massachusetts business name. As a federal registration, a trademark can allow you to own your business name nationwide.
Trademark applications can be submitted online, but navigating the entire trademark process can be complex and time-consuming. On average, it takes 7-9 months before a USPTO examining attorney reviews your application. Meticulous preparation of your initial application is crucial to get your application approved as quickly as possible.
Consider seeking guidance from a qualified attorney or specialized filing service to simplify the trademark registration process. Their expertise can save time and simplify application submission and subsequent interactions.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in Massachusetts
For more help, check out our How to Start a Business in Massachusetts guide, or use these resources:
- Secretary of the Commonwealth – The official government website for Massachusetts business registration and corporate filings.
- Massachusetts Department of Revenue – Provides information on taxes, licenses, and permits required for businesses in Massachusetts.
- Massachusetts Chamber of Commerce – Offers networking opportunities, advocacy, and resources to help businesses grow and succeed in the state.
- Massachusetts SBDC – Offers free and confidential business advising, workshops, and resources to help entrepreneurs start, grow, and manage their businesses.
- SCORE Massachusetts – Provides free mentoring, education, and resources to help entrepreneurs and small business owners succeed in their ventures.
- Massachusetts Growth Capital Corp – Offers financing programs, loans, and resources to support small businesses and foster economic development in the state.