Assumed-Name (DBA) Registration Requirements in Maine

At a glance

Requirements one by one

The filing office depends on business type

Under 31 M.R.S. § 1, partners or other associated persons entering a mercantile enterprise must file a sworn certificate before commencing business with the clerk of the city or town where the business will be carried on. Under § 2, a sole proprietor uses the same local route before starting under any name other than the proprietor's own name exclusively.

31 M.R.S. § 7 sends corporations, limited partnerships, and LLCs to their entity-specific statutes instead. The Secretary of State applies that state route to corporations, LLCs, LPs, and LLPs using a name different from their legal entity name.

Fees and filing contents

The municipal statutes do not set a filing fee, so the amount depends on the city or town clerk. The local certificate is sworn and identifies the owners, their residences, the business nature, and the name to be used.

For state entity filings, the current ASUM-5 form charges $125 for a for-profit entity and $25 for a nonprofit corporation. The entity statement identifies the legal name, proposed assumed name, locations where the name will be used if not statewide, and foreign-entity formation and Maine-authorization details when applicable.

No publication, expiration, or renewal

Neither the complete municipal chapter nor the corporation and LLC assumed-name sections require newspaper publication. They also set no fixed expiration date or periodic renewal. A state-filed entity name remains on file until the entity delivers a termination statement; local filings remain in the clerk's public record.

Different protections and remedies by route

Municipal clerks record the certificates for public inspection, but the Secretary of State says municipal trade names are not checked for availability. State-filed entity names are screened under the distinguishable-on-the-record standard. Even there, filing alone does not establish actual use or defeat a person with earlier rights.

For the municipal route, 31 M.R.S. §§ 3–5 treat a false sworn certificate as perjury and impose a $5 fine for each day the required certificate is late. For corporations and LLCs, 13-C M.R.S. § 404(6) and 31 M.R.S. § 1510(5) allow the Attorney General or an adversely affected person to seek an injunction against continued noncompliant use.

What trips people up

• Sole proprietors and general partnerships do not file their DBA with the State. Their filing belongs with the municipal clerk where the business is carried on.
• The municipal fee is not fixed statewide. Contact the particular clerk; do not assume the state entity fee or another town's fee applies.
• An entity files before using each assumed name. The corporation and LLC statutes require a separate statement for each name.
• State name screening is not priority by itself. The entity statutes say filing alone is not actual use for deciding priority rights.

Common questions

Does a sole proprietor using only the proprietor's own name file?

No. Section 2 applies when the business name, style, or designation is other than the proprietor's own name exclusively.

Must a partnership certificate be sworn?

Yes. Section 1 requires the partners to sign and swear to the municipal certificate; a false oath is treated as perjury under § 3.

Can an entity stop using the assumed name without ending the entity?

Yes. The corporation and LLC statutes permit a separate termination statement identifying the entity and the assumed name it no longer intends to use.

Statutes and sources

• 31 M.R.S. §§ 1 through 7 — municipal filing routes, sworn certificate, public record, $5-per-day late penalty, name limits, and entity-route cross- references. Official complete chapter PDF; § 7 (accessed 2026-07-25).
• 13-C M.R.S. § 404 — corporation assumed-name filing, separate statement, injunction remedy, priority limitation, and termination. Official statute (accessed 2026-07-25).
• 31 M.R.S. § 1510 — LLC assumed-name filing, separate statement, injunction remedy, priority limitation, and termination. Official statute (accessed 2026-07-25).
• Maine Secretary of State, Trade Name Protection — municipal/state split, covered entity types, and name-availability treatment. Official guidance (accessed 2026-07-25).
• Maine Secretary of State, Form ASUM-5 — current for-profit and nonprofit state filing fees and common entity form. Official form (accessed 2026-07-25).