Assumed Business Name (DBA) Registration - Maine

ASSUMED BUSINESS NAME (DBA) REGISTRATION AND NOTICE

State of Maine

IMPORTANT NOTICE

Maine law requires businesses operating under an assumed name (DBA) to file a certificate with the appropriate filing office. The filing office and requirements differ by entity type:

• Sole Proprietors and General Partnerships: Must file with the municipal clerk (city/town clerk) in each municipality where business is conducted, pursuant to 31 M.R.S.A. §§ 1-2.
• Corporations and LLCs: Must file with the Maine Secretary of State, Bureau of Corporations, Elections & Commissions, pursuant to 31 M.R.S.A. §§ 5-6 and 31 M.R.S.A. § 1611.

Maine does not require newspaper publication and does not require periodic renewal of assumed name filings — once filed, a DBA remains effective until cancelled or abandoned.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Partnership
☐ Limited Liability Partnership
☐ Nonprofit Corporation
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

Maine Secretary of State Filing Number (if applicable): [________________________________]

1.2 Contact Information

Registrant's Principal Business Address:

Street: [________________________________]

City/Town: [________________________________] County: [________________________________]

State: ME Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Additional Owners / Partners

For Sole Proprietors:

Owner Name: [________________________________]

Residence Address: [________________________________]

For Partnerships — List All Partners:

PART TWO: ASSUMED NAME INFORMATION

2.1 Assumed Business Name (DBA)

Assumed Name Under Which Business Will Be Conducted:

[________________________________]

2.2 Nature of Business

Brief Description of Business Activities:

[________________________________]

[________________________________]

2.3 Date of Commencement

Date Business Commenced (or Will Commence) Under Assumed Name: [__/__/____]

2.4 Business Location(s)

Municipality/Municipalities Where Business Is Conducted Under Assumed Name:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

PART THREE: MAINE STATUTORY REQUIREMENTS

3.1 Filing Requirements by Entity Type

A. Sole Proprietors (31 M.R.S.A. § 1)

Under 31 M.R.S.A. § 1, any individual conducting business under a name other than the individual's own legal name must file a certificate with the municipal clerk in each municipality where the business is conducted. The certificate must include:

☐ The proprietor's name
☐ The proprietor's residence address
☐ The assumed business name

B. General Partnerships (31 M.R.S.A. § 2)

Under 31 M.R.S.A. § 2, any partnership conducting business under an assumed name must file a certificate with the municipal clerk in each municipality where the business is conducted. The certificate must include:

☐ The names of all partners
☐ The residence address of each partner
☐ The purpose of the partnership
☐ The assumed business name

C. Domestic Corporations (31 M.R.S.A. § 5 / 13-C M.R.S.A. § 404)

Under 31 M.R.S.A. § 5, a domestic corporation conducting business under an assumed name must file with the Maine Secretary of State. The filing must include:

☐ The corporate name
☐ The proposed assumed name
☐ The municipality/municipalities where the assumed name will be used

D. Foreign Corporations (31 M.R.S.A. § 6)

Under 31 M.R.S.A. § 6, a foreign corporation conducting business under an assumed name in Maine must file with the Maine Secretary of State. The filing must include:

☐ The corporate name
☐ The jurisdiction where formed
☐ The proposed assumed name
☐ The municipality/municipalities where the assumed name will be used

E. LLCs (31 M.R.S.A. § 1611)

Under 31 M.R.S.A. § 1611, a domestic or foreign LLC conducting business under an assumed name must file Form ASUM-205 with the Maine Secretary of State.

3.2 Filing Fees

3.3 Notarization Requirement

Maine law requires that assumed name certificates filed with the municipal clerk be notarized before filing. The certificate must be acknowledged before a notary public.

3.4 Filing Offices

For Sole Proprietors and General Partnerships:

Municipal Clerk (City/Town Clerk) of: [________________________________]

Clerk Address: [________________________________]

For Corporations, LLCs, and Other Entities:

Maine Secretary of State
Bureau of Corporations, Elections & Commissions
101 State House Station
Augusta, ME 04333-0101

Online Filing: https://www.maine.gov/sos/cec/corp/

3.5 Duration and Renewal

Maine assumed name filings do not expire and do not require renewal. The filing remains effective until:

☐ A cancellation certificate is filed
☐ The entity is dissolved or withdrawn from Maine
☐ The registrant ceases use of the assumed name and files a withdrawal

PART FOUR: SOLE PROPRIETOR / PARTNERSHIP ASSUMED NAME CERTIFICATE

(For Filing with Municipal Clerk — 31 M.R.S.A. §§ 1-2)

CERTIFICATE OF ASSUMED BUSINESS NAME

MUNICIPALITY OF [________________________________], MAINE

The undersigned hereby certifies pursuant to 31 M.R.S.A. § [1/2]:

1. Type of Registrant:

☐ Sole Proprietor (31 M.R.S.A. § 1)
☐ General Partnership (31 M.R.S.A. § 2)

2. Assumed Business Name:

[________________________________]

3. Proprietor / Partner Information:

4. Purpose of Business (for partnerships):

[________________________________]

5. Business Address in Municipality:

[________________________________]

6. Date of Commencement: [__/__/____]

7. Declaration:

The undersigned declares under penalty of false swearing that the information contained in this certificate is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

NOTARY ACKNOWLEDGMENT (REQUIRED)

State of Maine
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, personally appeared [________________________________], proved to me through satisfactory evidence of identification to be the individual(s) whose name(s) is/are signed on the above document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART FIVE: CORPORATION / LLC ASSUMED NAME APPLICATION

(For Filing with Secretary of State — 31 M.R.S.A. §§ 5-6, 1611)

APPLICATION FOR ASSUMED NAME

TO: Maine Secretary of State, Bureau of Corporations

The undersigned entity hereby applies to conduct business under an assumed name in the State of Maine pursuant to applicable Maine statutes:

1. Entity Legal Name: [________________________________]

2. Entity Type:

☐ Domestic Corporation (31 M.R.S.A. § 5)
☐ Foreign Corporation (31 M.R.S.A. § 6)
☐ Domestic LLC (31 M.R.S.A. § 1611)
☐ Foreign LLC (31 M.R.S.A. § 1611)

3. Jurisdiction of Formation (if foreign entity): [________________________________]

4. Maine Secretary of State Filing Number: [________________________________]

5. Assumed Name: [________________________________]

6. Municipality/Municipalities Where Assumed Name Will Be Used:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

7. Principal Office Address:

[________________________________]

8. Registered Agent in Maine:

Name: [________________________________]

Address: [________________________________]

9. Declaration:

The undersigned authorized representative declares that the information contained in this application is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART SIX: AMENDMENT AND CANCELLATION

6.1 Amendment

If material information changes, file an amended certificate or application:

Municipal Clerk Filings (Sole Proprietors/Partnerships):

☐ File a new certificate with updated information with the municipal clerk
☐ Pay the applicable filing fee ($10.00)

Secretary of State Filings (Corporations/LLCs):

☐ File an amendment with the Secretary of State
☐ Pay the applicable amendment fee

6.2 Cancellation

When the registrant ceases use of the assumed name:

Municipal Clerk Filings:

☐ File a cancellation or withdrawal notice with the municipal clerk
☐ Notify any relevant parties of the name change

Secretary of State Filings:

☐ File a cancellation of assumed name with the Secretary of State
☐ Pay the applicable filing fee

6.3 Multi-Municipality Operations

Sole proprietors and general partnerships conducting business in multiple municipalities must file a separate certificate with the municipal clerk of each municipality where they do business. Failure to file in all required municipalities may result in the inability to enforce contracts in those jurisdictions.

PART SEVEN: OPTIONAL PUBLICATION NOTICE

Maine does not require newspaper publication for assumed name filings. However, publication may be required by lenders, landlords, or contractual counterparties. If publication is desired or required:

PUBLICATION TEXT

NOTICE OF ASSUMED BUSINESS NAME

Notice is hereby given that [Legal Name of Registrant], [entity type], located at [Business Address], is conducting business in the State of Maine under the assumed name "[DBA Name]". This certificate has been filed with the [Municipal Clerk of (Municipality) / Maine Secretary of State] pursuant to Maine law.

[Legal Name of Registrant]

Date: [__/__/____]

Publication Checklist

☐ Select a newspaper of general circulation in the county of the business
☐ Publish for [____] consecutive weeks
☐ Obtain Affidavit of Publication upon completion
☐ Retain in business records

PART EIGHT: PENALTIES AND ENFORCEMENT

8.1 Consequences of Failure to File

Under Maine law, failure to file the required assumed name certificate may result in:

☐ Inability to maintain legal actions: A person conducting business under an unregistered assumed name may face difficulty enforcing contracts entered under that name in Maine courts
☐ Municipal enforcement: The municipal clerk may refer non-compliant businesses to local enforcement
☐ Regulatory complications: Difficulty obtaining business licenses or permits

8.2 False Statements

Any person who knowingly makes a false statement in an assumed name certificate may be subject to penalties for false swearing under Maine law.

PART NINE: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Assumed Business Name Registration and Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TEN: FILING INSTRUCTIONS AND CHECKLIST

For Sole Proprietors and General Partnerships

Step 1: Identify Filing Locations

☐ List all municipalities where business is or will be conducted
☐ Contact each municipal clerk to confirm filing requirements and fees

Step 2: Complete the Certificate

☐ Complete Part Four (Certificate of Assumed Business Name)
☐ All partners must sign (for partnerships)
☐ Have the certificate notarized (required under Maine law)

Step 3: File with Municipal Clerk(s)

☐ File the notarized certificate with the municipal clerk of each municipality
☐ Pay the $10.00 filing fee at each location
☐ Retain a file-stamped copy from each municipality

Step 4: Maintain Records

☐ Retain all filed certificates and receipts
☐ No renewal is required — the filing does not expire
☐ File a new certificate if there is any change in proprietor/partner information
☐ File a cancellation when the assumed name is no longer in use

For Corporations and LLCs

Step 1: Search for Name Availability

☐ Search the Maine Secretary of State business database: https://www.maine.gov/sos/cec/corp/
☐ Confirm the assumed name is not already in use or confusingly similar

Step 2: Complete and File the Application

☐ Complete Part Five (Corporation/LLC Assumed Name Application) or official Form ASUM-205
☐ File with the Maine Secretary of State
☐ Pay the $125.00 filing fee

Step 3: Maintain Records

☐ Retain the filed application and confirmation
☐ No renewal is required
☐ File amendments promptly upon any material change
☐ File cancellation when the assumed name is no longer in use

Sources and References

• Maine Secretary of State — Corporations, Elections & Commissions: https://www.maine.gov/sos/cec/corp/
• Maine Secretary of State — Trade Name Protection: https://www.maine.gov/sos/corporations-commissions/business-resources-and-information/trade-name-protection
• 31 M.R.S.A. §§ 1-2 (Sole Proprietor and Partnership Assumed Names)
• 31 M.R.S.A. §§ 5-6 (Corporation Assumed Names)
• 31 M.R.S.A. § 1611 (LLC Assumed Names)
• 13-C M.R.S.A. § 404 (Corporate Assumed Names)
• Form ASUM-205 (LLC/Corporation Assumed Name): https://www.maine.gov/sos/sites/maine.gov.sos/files/content/assets/ASUM-205.pdf

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a Maine-licensed attorney before filing.