Business formation paperwork on a desk, Maine DBA

Maine DBA: Sole Proprietors File a Sworn Certificate with the Town Clerk (About $10, $5 a Day Default), LLCs and Corporations File ASUM-5 for $125

Maine DBA: Sole Proprietors File a Sworn Certificate with the Town Clerk (About $10, $5 a Day Default), LLCs and Corporations File ASUM-5 for $125

If your business will operate under a name other than the legal name of its owner or entity, Maine requires a filing before you start. People searching for a maine dba or a maine trade name registration are looking for the same thing. The state's legal term is an assumed name, and the filing you make depends on how the business is organized. A sole proprietor or general partnership files a sworn certificate with the clerk of the city or town where the business is carried on. An LLC or corporation files Form ASUM-5 with the Maine Secretary of State. This guide covers both paths, the fees and penalties, and the licensing and sales tax questions that usually come up at the same time.

The $10 figure in the title is the recording fee in Bar Harbor and Bangor as of 2026. Other towns set their own fees, so $10 is not a statewide amount.

Which filing applies to your business

Business typeWhere you fileForm or documentFee
Sole proprietor using a name other than your ownClerk of the city or town where the business is carried onSworn assumed-name certificateSet by each town. $10 in Bar Harbor and Bangor as of 2026; check with the clerk
Two or more general partners using a nameClerk of the city or town where the business is carried onSworn certificate under 31 MRSA 1Set by each town; check with the clerk
LLC or business corporationMaine Secretary of StateForm ASUM-5$125
Nonprofit corporationMaine Secretary of StateForm ASUM-5$25
Foreign entity whose own name is unavailable in MaineMaine Secretary of StateForm ASUM-5 (fictitious name)$40

Sole proprietors and general partners: file with the town clerk

Under 31 MRSA 2, a sole proprietor who uses a name other than their own deposits a sworn certificate with the clerk of the city or town where the business is carried on, before commencing business. Two or more partners doing business under a name make the same filing under 31 MRSA 1. This is a required step, not an optional one. A name counts as other than your own as soon as it adds anything to your legal name, such as 'Pine Tree Bakehouse' or 'Smith Lawn Care' for a person named John Smith.

Here is a practical example. A sole proprietor who lives in Brunswick but runs a bakery in Bath files with the Bath clerk, because the business is carried on in Bath. The Brunswick clerk is not the right office, and the Secretary of State is not the right office either.

What the clerk charges

The state sets no fee for this filing, and each town sets its own recording fee. Bar Harbor and Bangor charged $10 as of 2026, but another town may charge more or less. Call or visit the clerk's office before you go, and ask for the current fee and accepted payment methods. Do not send the $125 ASUM-5 fee to a town clerk. That fee applies only to filings with the Secretary of State.

The penalty for filing late

Under 31 MRSA 5, the default fine is $5 for each day the filing is in default. For a business that is just starting, the cheapest time to file is before your first sale, invoice, or advertisement under the name.

Steps for a sole proprietor or general partnership

  1. Confirm the name is an assumed name, meaning it includes anything beyond your own legal name.
  2. Identify the city or town where the business is carried on. That is the clerk you file with, even if you live somewhere else.
  3. Ask the clerk for the current certificate form, the current fee, and whether the form must be sworn before a notary or before the clerk. Do not assume the form is the same in every town.
  4. File before you begin doing business under the name, and keep the recorded certificate with your business records.
  5. Bring a copy when you open a bank account in the business name. Banks commonly ask for it.

LLCs and corporations: file ASUM-5 with the Secretary of State

An LLC or business corporation that does business under a name other than its own files Form ASUM-5, the Statement of Intention to do Business under an Assumed Name, with the Maine Secretary of State's Division of Corporations, UCC and Commissions. The fees are:

  • LLCs and business corporations: $125 (31 MRSA 1680(2); 13-C MRSA 123(1)(JJ))
  • Nonprofit corporations: $25 (13-B MRSA 1401)
  • Foreign entity whose own name is unavailable in Maine: $40 fictitious name
  • Termination: $20 ($5 for nonprofits)

Get the form from the Secretary of State's limited liability company forms page. Maine does not offer online filing of formation documents, and the Bureau's forms are fillable PDFs that must be printed and mailed or delivered with payment. Confirm the current submission method for ASUM-5 on that page before you send anything. Processing times change, so check the Secretary of State's corporations page for current timing.

Before you file, search the name in the Maine business entity search. A name that is already in use may not be available to your entity. Out-of-state entities whose own name is unavailable in Maine use the $40 fictitious name route instead.

The assumed-name filing is separate from your annual report

An ASUM-5 filing does not replace your annual report. LLCs and corporations owe the $85 annual report (Form MLLC-13 for LLCs), due June 1 each year. The first report is due between January 1 and June 1 of the year after formation. Put the June 1 deadline on your calendar as soon as the entity is formed.

Changing or ending an assumed name

If an LLC or corporation stops using an assumed name, it files a termination on the same ASUM-5 track with the Secretary of State. The termination fee is $20, or $5 for a nonprofit. Sole proprietors and general partners should ask the town clerk where the certificate was filed whether the town has a cancellation process and what it costs, because the state does not publish a town fee for that step.

A DBA filing is a filing, not a license

Maine has no general statewide business license and no general town license. Registering an assumed name is a record filing. It does not give you permission to operate, and it does not confirm that your activity is allowed. In Maine, licensing is by activity:

  • Municipal licenses. Town and city officers license named activities by local ordinance, and fees vary widely from town to town. Ask your municipal office what applies to you.
  • Eating places. The Department of Health and Human Services' Health Inspection Program licenses eating places.
  • Food processing. The Department of Agriculture, Conservation and Forestry licenses food processors.
  • Trades. State boards under the Department of Professional and Financial Regulation license many trades. Maine has no HVAC license and no general contractor license, so check with the board that covers your specific trade.
  • Alcohol. The Bureau of Alcoholic Beverages and Lottery Operations licenses liquor sales. Confirm which license type applies to your operation.
  • Marine work. The Department of Marine Resources oversees marine harvesting. Confirm with DMR which permits apply to your activity.

Maine has 16 counties, but they license nothing for ordinary businesses. The state has 482 organized municipalities: 23 cities, 430 towns and 29 plantations. Local licensing questions go to the municipality where you operate. To identify what applies to your activity, use the free Business Answers licensing assistant from the Department of Economic and Community Development.

Sales tax: check whether you need a permit

An assumed-name filing does not register you for sales tax. If you sell taxable goods or services, you need a sales tax permit from Maine Revenue Services, which you can find through the Maine Revenue Services site and its sales tax permit page. Maine's general sales tax rate is 5.5%. Some sales carry higher rates: 8% on prepared food and on-premises liquor, 9% on lodging, and 10% on short-term car rentals. The list of taxable services is closed. Lawn care, towing, handyman work, and junk removal are not on that list, so those services are not taxable under it.

Common mistakes to avoid

  • Sending a sole proprietor's assumed-name certificate to the Secretary of State. Sole proprietors file with the town or city clerk, and the wrong office delays the filing.
  • Quoting the $125 ASUM-5 fee to a town clerk. That fee applies only to LLCs and business corporations filing with the state.
  • Assuming $10 is the fee everywhere. Bar Harbor and Bangor charged $10 as of 2026, and other towns set their own fees.
  • Treating the town certificate as optional. Under 31 MRSA 2 it is required before you commence business, and the default fine is $5 for each day in default.
  • Treating the assumed-name filing as a license. You still need any activity license that applies to your work.

Quick checklist

  1. Decide whether you are a sole proprietor, partnership, LLC, corporation, or nonprofit.
  2. Search the name in the Secretary of State's business entity search if you are an entity.
  3. File the town certificate with the correct clerk, or file ASUM-5 with the Secretary of State.
  4. Confirm any activity-based licenses with the agency or municipality that covers your work.
  5. Register for a sales tax permit if you sell taxable goods or services.
  6. Calendar the June 1 annual report if you formed an LLC or corporation.

Official and support resources

Important note

This guide is informational only. It is not legal or tax advice. Filing rules, fees, and forms can change, so confirm current requirements with the Secretary of State, the municipal clerk, or the licensing agency before you file. If you have partners, several owners, or a name that might conflict with an existing trademark, talk with a qualified attorney. For questions about your entity type, income tax, or sales tax obligations, consult a qualified CPA.

Keep exploring: related Maine guides