File a DBA in Maine

If you use a filing service, that service fee is separate and will be disclosed before you pay.

Finding your municipal clerk

There is no statewide online portal for municipal-level trade name filings. The Maine Secretary of State's website maintains a directory of municipal clerks with addresses and phone numbers for every city and town. Search for your municipality to get direct contact information.

Ask the clerk's office about three things: the current trade name certificate form, the filing fee, and whether in-person submission is required. In Bangor and Lewiston, you must complete the form at the city clerk's office. In Portland, you can submit a Certificate of Sole Proprietor or Certificate of Association. In some cities, you may be required to write your own certificate.

If your business operates across multiple municipalities, sole proprietors and general partnerships must file in each city where business is conducted.

How to check name availability and Maine naming restrictions

Before you file, confirm your desired trade name is available and clears Maine's naming rules. This check comes first regardless of whether you're filing with your town clerk or the Division of Corporations.

How to search for name availability

Use the Maine Secretary of State's Corporate Name Search tool. Enter the distinctive part of your business name into the keyword field, omitting entity suffixes like "LLC," and review results for any existing businesses using the same or similar name.

Maine uses a "distinguishable upon the record" standard. The state disregards differences in punctuation, capitalization, special characters, words describing entity type, and the presence or absence of "and" or "the." So "Midcoast Trading Co." and "Midcoast Trading" could be considered indistinguishable. Review your results carefully, including entries marked as inactive.

What names are prohibited or restricted

Maine law under Title 31, Section 6 sets clear limits:

• Corporate structure terms: Sole proprietors and general partnerships cannot use words like "corporation," "incorporated," or "limited" unless the business actually is that entity type.
• Entity-type mismatch: A sole proprietor cannot include "LLC" in a trade name.
• Financial industry terms: Words like "bank" or "credit union" are prohibited without approval from the Maine Bureau of Financial Institutions.
• Government association: A trade name cannot suggest affiliation with a government agency.
• Obscene or misleading language: Names may not be obscene, suggest an unlawful purpose, or falsely imply association with a public institution.
• Tribal name restriction: Trade names containing "Passamaquoddy" require written authorization from the Passamaquoddy Tribe, with the exception of "Passamaquoddy Bay."

Name registration is not trademark protection

A DBA is not a trademark. Filing a trade name certificate does not give you exclusive rights to that name and does not constitute actual use for purposes of determining priority of rights. If your brand name is central to your business identity, consider filing for separate trademark protection at the state or federal level. A business attorney can help you evaluate whether that step makes sense.

How to file a DBA in Maine: Step-by-step by entity type

The filing process for a DBA in Maine varies depending on your business structure, with specific requirements for unincorporated businesses versus LLCs and corporations. Follow the guidance below to ensure you complete the correct forms and adhere to the appropriate jurisdictional filing rules for your entity type.

Different types of business entities may need to file for DBAs in Maine in slightly different ways.

Sole proprietors and general partnerships

Filing a trade name at the local level requires coordination with your municipal clerk, who manages records for unincorporated businesses.

1. Search the name. Use the Maine Secretary of State's online business name search to check whether your desired trade name conflicts with existing registered entities. Conflicts with state-registered LLCs and corporations can still cause problems even though you'll file locally.
2. Confirm the name is permitted. Make sure the name doesn't include words implying a corporate structure you don't have or terms associated with licensed professions you aren't authorized to practice.
3. Contact your city or town clerk. Ask for the current trade name certificate form, the filing fee, and whether in-person submission is required.
4. Complete and sign the certificate. Fill in your legal name, business address, and the trade name you want to use. Most municipalities require the certificate to be sworn before a notary public.
5. Submit the form and keep your copy. Pay the local fee and retain the filed certificate — you'll need it to open a business bank account under the trade name.

LLCs and corporations

Organized entities file their assumed name certificates directly with the Maine Division of Corporations to complete the registration process.

1. Run a name availability search. Confirm your assumed name is distinguishable from existing registrations before investing time in the paperwork.
2. Complete Form ASUM-205. Download the Assumed Name Certificate from the Maine Secretary of State's website. The form asks for your entity's legal registered name, the assumed name you want to use, and your principal place of business.
3. Mail the form with payment. Send Form ASUM-205 to the Maine Division of Corporations with a $125 check payable to the Maine Secretary of State. Standard processing currently runs 40–55 business days. If you need the assumed name in place before launching a marketing campaign or opening a bank account, file well in advance. Contact the Division directly about current turnaround times or expedited processing options.
4. Retain the approved certificate. Banks and vendors routinely ask to see it before transacting business under an assumed name.

Maine DBA filing fees, processing times, and renewal rules

Filing fees depend on your business structure: roughly $10 for sole proprietors and general partnerships (varies by municipality), $125 for LLCs and corporations at the state level, and $40 for foreign entities registering a fictitious name.

Renewal rules

State-level assumed name filings are perpetual. They don't expire and don't require renewal fees. Local DBA registrations may vary; confirm in writing with your city or town clerk whether any local renewal requirement applies.

Amending your DBA

If your assumed name or principal business address changes, you must file an amendment — you cannot simply start using a different name. For state-level filings, submit an amendment to the Maine Secretary of State's office. For municipal-level filings, contact your city or town clerk directly.

Canceling or withdrawing your DBA

When you stop using a trade name, formally cancel the registration rather than leaving it in public records.

• LLCs and corporations: Submit the appropriate withdrawal form to the Secretary of State with a $20 fee.
• Sole proprietors and general partnerships: File a withdrawal or cancellation form with your city or town clerk. The form and any associated fee vary by municipality.

Maine DBA vs. LLC: Which is right for you?

A DBA is a name registration, nothing more. The core difference comes down to liability protection: a DBA gives you none, while an LLC shields your personal assets from most business debts and lawsuits.

Personal liability protection

A DBA does not separate your personal finances from your business. If a customer sues your sole proprietorship, your personal assets are exposed. An LLC creates a legal barrier between you and your business, meaning creditors generally cannot pursue your personal bank account, home, or savings to satisfy business debts.

Cost and complexity

A DBA is faster and cheaper. Municipal filings typically cost around $10; state-level filings run $125. An LLC requires Articles of Organization, a registered agent in Maine, an initial filing fee, and ongoing annual report obligations — but that cost buys structural protection a DBA cannot provide.

Using both

Forming an LLC doesn't eliminate the need for a DBA. If your LLC wants to operate under a brand name that differs from its registered name, you still need to file an assumed name certificate with the Maine Division of Corporations.

If you're a sole proprietor who wants liability protection, the right move is to form an LLC in Maine, not just file a DBA. Note that DBA requirements vary by state, so if your business expands beyond Maine, research the rules in each new jurisdiction.

What to do after you file your Maine DBA

Open a business bank account

The most immediate use for your filed certificate is opening a dedicated business bank account under your trade name. Most banks require a copy of your DBA certificate before allowing you to open an account in the trade name. For LLCs and corporations, bring your assumed name certificate along with your Articles of Organization or Incorporation; additional requirements may include a business license or certificate of good standing. Call ahead to confirm, since policies vary by institution.

Get an EIN if you need one

A DBA doesn't change your EIN requirements — those are determined by your underlying business structure.

• Sole proprietors: You only need an EIN if you have employees, though getting one keeps your Social Security number off vendor paperwork and simplifies future hiring or banking.
• General partnerships and corporations: The IRS requires an EIN regardless of whether you operate under a DBA.
• LLCs: Requirements vary depending on how the LLC is taxed. Single-member LLCs without employees or excise tax liability don't have to obtain an EIN.

A sole proprietor needs only one EIN regardless of how many trade names they operate under. You can apply free of charge through the IRS website and receive your number immediately.

Check your business license and permit requirements

A DBA is not a business license and does not satisfy any licensing requirement. General licenses are managed at the town or city level; certain professions and business types require additional state-level permits. Maine's Department of Economic and Community Development offers an online Business Licensing Assistant that produces a list of applicable licenses and permits based on your business type and location. If you operate in a regulated industry — healthcare, food service, financial services, or construction — this step is non-negotiable.

Understand how your taxes work

Filing a DBA does not change how your business is taxed.

• Sole proprietors: Report business income and expenses on Schedule C, attached to your personal Form 1040.
• General partnerships: Income passes through to partners and is reported on each partner's individual return; the partnership also files an informational return using Form 1065.
• LLCs: Tax treatment depends on how the LLC is classified. A single-member LLC is typically treated as a disregarded entity; a multi-member LLC files as a partnership by default.
• Corporations: A C corporation files its own federal return and pays corporate tax. An S corporation passes income through to shareholders.

If your business sells taxable goods or certain services in Maine, register for Maine sales and use tax and income tax withholding through Maine Revenue Services. For complex situations — multiple structures, employees in multiple states, or regulated industries — consult a business attorney or CPA familiar with Maine law.

File your Maine DBA with confidence

The state-versus-municipal split catches many business owners off guard, but once you know which path applies to your structure, the process is straightforward. Getting the registration right the first time saves you from delays, rejected filings, and the legal exposure that comes with operating under an unregistered name.

LegalZoom can handle your Maine DBA filing or help you decide whether forming an LLC is the smarter move. Rated 4.6/5 by more than 30,000 customers, LegalZoom has been helping business owners navigate state-specific filing rules since 2001.