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MA requires unique business address, address already taken

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JustAnotherJoe

Junior Member
I'm trying to start a business in Massachusetts. One of the requirements (at least in my neighborhood) is that there can only be one business per household. Since my mom already owns an LLC for her real estate, and I'm still living at this address, I'm out of luck starting a business at this address.

I was wondering what my options are? I don't have the money yet to rent another space for the business. Can I open my business in Delaware instead? If so, I'd need to register as foreign entity in Massachusetts before 'doing business in Massachusetts' (which as far as I understand requires a unique address for the business as well), but I'm not sure how 'doing business' is defined. If my business is web-based software (with no need for inventory space, manufacturing, etc) and I'm not employing anyone, then does it still count as 'doing business in Massachusetts'?

Thanks
 


OHRoadwarrior

Senior Member
can you not use a P.O. Box for a web based business? Try a private mail box company. You address the paperwork to the units address and box number. They probably would not object to usage of suite ### vs box ###.
 

Zigner

Senior Member, Non-Attorney
I'm trying to start a business in Massachusetts. One of the requirements (at least in my neighborhood) is that there can only be one business per household. Since my mom already owns an LLC for her real estate, and I'm still living at this address, I'm out of luck starting a business at this address.

I was wondering what my options are? I don't have the money yet to rent another space for the business. Can I open my business in Delaware instead? If so, I'd need to register as foreign entity in Massachusetts before 'doing business in Massachusetts' (which as far as I understand requires a unique address for the business as well), but I'm not sure how 'doing business' is defined. If my business is web-based software (with no need for inventory space, manufacturing, etc) and I'm not employing anyone, then does it still count as 'doing business in Massachusetts'?

Thanks
Do you rent a room? Slap an "A" on the door, then use 123 Main Street, Unit A
 

cbg

I'm a Northern Girl
I'm not saying you're wrong, because it could be municipality- or county-specific, but where are you getting that there can only be one business per address? For a couple of years my husband and I were each running a consulting business out of our home and no one cared. We were consulting on different subjects, but we both used the same address and we didn't run into any difficulties. And we're in MA.
 

JustAnotherJoe

Junior Member
I'm not saying you're wrong, because it could be municipality- or county-specific, but where are you getting that there can only be one business per address? For a couple of years my husband and I were each running a consulting business out of our home and no one cared. We were consulting on different subjects, but we both used the same address and we didn't run into any difficulties. And we're in MA.
I got the info by calling the city clerk for my town (Newton). It's also one of the bullets on Home Business/Office Affidavit Form required for Newton business in residential areas: page 5 of http://www.ci.newton.ma.us/city clerk/Business Certificate Form Package.pdf

It also says this on page 6:
"In any single family dwelling which has an authorized accessory apartment there shall be no more than one (1) home business, which shall be located in the principal dwelling unit"

And page 1 says I can't use P.O. Box:
"Post Office Box addresses are not acceptable"

So it looks like the above 2 solutions won't work either. I'm not against doing something that might be gray area (even Google formed their business in a garage, which I heard wasn't legal in California either), I just don't want to spend $500+ on legal documents only to be shut down a month later.
 

Zigner

Senior Member, Non-Attorney
Therein lies the rub...

Your local government doesn't want multiple businesses being run out of the same dwelling.
 

OHRoadwarrior

Senior Member
I wonder if they consider for profit mailing facilities unacceptable. They are not a Post Office box. They have a street address and a box number.
 

Zigner

Senior Member, Non-Attorney
I wonder if they consider for profit mailing facilities unacceptable. They are not a Post Office box. They have a street address and a box number.
The city wants the actual, physical location of the business. They don't want multiple businesses being run out of the same residence.
 

davew128

Senior Member
Sorry, don't know the answer. Last time I dealt with multiple owned businessed in Newton they had a commercial location not a residential.
 

JustAnotherJoe

Junior Member
As a follow-up to the original question, can I use my uncle's address to form the business if he gives me a written permission? Would I need to have him as one of the shareholders to do so? Thanks
 

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