Starting your business: filing with the Town

When starting a business in the Town of Warren, business owners will need to first meet with our Code Enforcement Officer, to assess whether they will need to appear before the Planning Board. 

If the business is being conducted as a Sole Proprietor also known as D.B.A, or as a General Partnership, the law requires that you file your business with the Town Clerk. 

There is no requirement for corporations, LLCs, LPs, or LLPs to file a certificate at the municipal level. You will need to file that at the state level. 

TOWN OF WARREN

OBTAINING A CERTIFICATE OF SOLE PROPRIETORSHIP OR CERTIFICATE OF PARTNERSHIP

OVERVIEW

In accordance with State law, all businesses in WARREN that operate as a sole proprietor or partnership using a name other than the owner’s personal name must register their business with the Town Clerk’s Office. This form is commonly known as a DBA (“doing business as”). There is a one-time fee of $10 to file this form. Many banks will require you to provide a copy of this form before allowing you to open a bank account for your business.

Corporations, LLCs, LPs, and LLPs are not required to file with our office, as they have already filed their business name with the State. However, some banks may have policies which require you to file this form with the Town Clerk’s Office even if you have filed as a corporation with the State of Maine.

PROCESS

Before you may file a DBA, the Town of Warren conducts a review to ensure that the zoning ordinance allows for a business to be operated from the property in question. Once this review is completed and approved by the Code Enforcement office and Planning Board, a DBA may be filed with the Town Clerk’s Office.

Step 1: Planning & Code Enforcement Review

Property address check – is the proposed business allowed to operate at the property in question? Call Code Enforcement 207-273-24521 to confirm.

The Code Enforcement Officer will review the submission and may contact you for further clarification.

• Submit the following documents to the Code Enforcement Officer:
• Home Occupation Registration (if a home-based business)
• Letter of Intent (a basic business plan), addressing the following questions:
• Will you have any employees?
• Will you conduct business transactions at the address?
• Will you be storing any business-related equipment or vehicles at the address?
• Once approved by the Code Enforcement Office (or Planning Board as necessary) you will be directed to the Town Clerk’s Office to file the DBA paperwork.

Step 2: Filing the DBA/Partnership with the City Clerk’s Office

• Complete either the Certificate of Sole Proprietorship (if you are the sole owner of the business) or the Certificate of Corporate Ownership (if you and others will jointly own the business).

• Provide your photo ID (such as a Maine Driver’s License) and sign the form in the presence of one of the Town Clerk’s Office staff members.

• You will be provided with a photocopy of the DBA, which you can then take to your bank to open a business account. The original remains on file with the Town Clerk’s Office. The DBA will remain on file with the Town Clerk’s Office.
• Submit filing fee is $10

WITHDRAWAL: It is required by law that you file a withdrawal with the clerk if the business or partnership has been dissolved, renamed, or moved to another location outside of Warren.  There is a $10.00 filing fee for withdrawal.

Sole Proprietorships (D.B.A.), and Partnerships – What the law says:

Title 31 M.R.S.A. 1&2

§1. Filing of certificate; certificate of withdrawal (Partnerships)

Whenever 2 or more persons become associated as partners or otherwise for the purpose of engaging in any mercantile enterprise, they shall, before commencing business, deposit in the office of the clerk of the city or town in which the same is to be carried on a certificate signed and sworn to by them, setting forth their names and places of residence, the nature of the business in which they intend to engage and giving the name under which they are to transact business. Whenever any member of such partnership or association withdraws therefrom, he may certify under oath to the fact of such withdrawal, which certificate shall be deposited in the clerk's office where the partnership certificate is recorded. He shall conclusively be presumed to be a member of the firm or association to the time of his depositing such certificate.  

§2. Business under assumed name; filing of certificate

Whenever any person intends to engage in such business as sole proprietor thereof, and to adopt any business name, style or designation other than his own name exclusively, he shall, before commencing business, deposit in the office of the clerk of the city or town in which such business is to be carried on a certificate signed and sworn to by him, setting forth his name and place of residence, the name, style or designation under which the business is to be conducted, and stating that he is the sole proprietor.  

§3. Statements as conclusive; perjury

A person signing and making oath to any certificate deposited as provided by sections 1 and 2 shall not be permitted in any judicial proceeding to contradict the statements contained in such certificate. Whoever swears or affirms to any such certificate which is not true in fact shall be deemed guilty of perjury.  

The cost of filing certificate of Sole Proprietor/Partnership or certificate of withdrawal with the Clerk's Office is $10.00 pursuant to Title 30A/Ch. 123/ss2652.

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