Legal Question in Business Law in Massachusetts

Re: d/b/a fraud

The first sentence of your question is confusing. Is the company incorporated or not? If incorporated it can use a d/b/a buy the corporation is the contracting entity. If it is not incorporated and operating only under a d/b/a, liability is on the business and the owners of the business - good if owners have independent assets. D/B/A should be on file with the City or town where the company does business. If you are concerned, put language in the contract that solves your concerns.

Re: d/b/a fraud

A company can file a d/b/a certificate and use a name other than its official corporate name. Frequently, divisions of a company have d/b/a names filed with the local town in which they operate.

For your own protection for contracts, I would want the official corporate name used e.g. Smith Corp d/b/a Smith Inc. hereinafter referred to as Smith.

It actually is greater risk to the person who signs for the d/b/a as if there is no company he could be held personally liable.

If you have further questions, please feel free to contact me.

Re: d/b/a fraud

Business is always a ris/benefit analysis. I do not know what kind of business venture you are considering, but some allow you to take protective steps in advance of the business venture.

I would imagine that to the extent that you posted the question, you need more specific advice that this service can afford.

To the extent that you have taken these steps and are concerned about the viability of any business venture, you should act in a way that permits you to sleep at night. My suggestion is that you negotiate an agreement that protects and lessens your risk addressing the fears that you have noted OR move on.