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the business is conducted, file in the office of said clerk a statement under oath that he has discontinued, retired or withdrawn from such business or partnership or of such change of his residence or change of the location of such business, and pay the fee required by clause (21) of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.
Notes of Decisions
Cited in
13
cases, 1926–2015 · leading case:
Huey v. Passarelli, 166 N.E. 727 (Mass. 1929).
Huey v. Passarelli, 166 N.E. 727 (Mass. 1929).
· cites it 3× “” “At the close of the trial the plaintiff admitted and the court found as a fact, that the plaintiff had not filed a business certificate as required by the provisions of G. L. c. 110, § 5,” which reads: “Any person conducting business in the Commonwealth under any title other…”
Van Dyke v. Bixby, 448 N.E.2d 353 (Mass. 1983).
· cites it 2× “6 The judge properly admitted a certificate filed with the city clerk in Beverly in 1962, pursuant to G. L. c. 110, § 5, stating that ten doctors, all of whom signed the certificate, were conducting a business in Beverly under the name THE JOHNSON CLINIC.”
New England Die Cutting, Inc. v. O'Neil, 1997 Mass. App. Div. 6 (Mass. Dist. Ct., App. Div. 1997).
“As the defendant had not filed a business certificate with the Town of Essex listing his residence and the location of his business, see G.L.c. 110, §5, the plaintiff filed an inquiry with the United States Postal Service and ascertained that the holder of Box 270 was “O’Neil…”
Randolph v. Five Guys From Boston, Inc., 242 N.E.2d 402 (Mass. 1968).
“The trucks of the defendant carry pressurized cans or steel shells of whipped cream. The cans are six inches high and three inches in diameter.”
Mann v. Payne, 152 N.E. 235 (Mass. 1926).
“While there was evidence that the Franco-American Union of New York did business in Massachusetts, it was not conducted under its true name, but in the name of the Franco-American Union of New England, without filing a business certificate as provided in G.”
Shane v. Goldstein, 25 Mass. App. Dec. 5 (Mass. Dist. Ct., App. Div. 1962).
· cites it 3× “110, §5 is filed for the information and protection of creditors with whom traders contract under an artificial description which, in the absence of such certificate, might enable the actual or responsible debtor for want of identification to escape liability.”
Malden Door & Window Co. v. Goss, 237 N.E.2d 12 (Mass. 1968).
“The partnership business certificate (G. L. c. 110, § 5) which was never withdrawn did not estop the defendant from showing the partnership had ended.”
Malden Door & Window Co. v. Goss, 38 Mass. App. Dec. 53 (Mass. Dist. Ct., App. Div. 1967).
“A certificate was filed by the defendant and by Pearce in conformity with the provisions of G.L. c. 110, § 5, stating that the defendant and Pearce were conducting a business under the name of “Pearce and Goss Company” at 48 Highland Avenue, Malden, 48, Mass.”
Lapuck v. Com. Ins., 2015 Mass. App. Div. 41 (Mass. Dist. Ct., App. Div. 2015).
“Commerce raises for the first time on appeal and makes much in its brief of whether a business certificate was filed by Lapuck pursuant to G.L.c. 110, §5. Whether Lapuck was required to file one and whether he did or did not, it does not bar this suit or affect our determination…”
Parkhill v. Sulborski, 13 Mass. App. Div. 153 (Mass. Dist. Ct., App. Div. 1948).
· cites it 2× “539 (now G. L. c. 110, § 5) was intended for the information and protection of creditors with whom a trader contracts under an artificial designation which, in the absence of such certificate, may enable the actual or responsible debtor for want of identification to escape all…”
Hanavan v. Vrusho, 1985 Mass. App. Div. 197 (Mass. Dist. Ct., App. Div. 1985).
“The evidence (and reasonable inferences therefrom) is to be found in the public records (the business certificate under G. L. c. 110, § 5), in the defendant’s testimony before the licensing authorities (which could be deemed a ratification of his son’s acts or, alternatively, as…”
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