Fictitious Business Names (FBN)
A Fictitious Business Name shall be filed within 40 days of first transacting business. Once registered, it is effective for 5 years. The fictitious business name will need to be re-registered prior to the date of expiration or if the business location changes. Once a Fictitious Business Name statement is filed, it must be published in an adjudicated newspaper one day per week for four consecutive weeks. Publication must start within 30 days of filing the statement with the County Clerk's office.
Within thirty days after the statement is filed, the registrant shall publish it in a newspaper of general circulation in the county in which the principal place of business is located. "The newspaper selected for the publication of the statement should be one that circulates in the area where the business is to be conducted."
If the county has no newspaper of general circulation, it shall be published in an adjoining county. If the registrant does not have a place of business in the state, publication will be made in Sacramento County.
An affidavit of publication shall be filed with the County Clerk within 30 days after the completion of publication.
Withdrawal of a General Partner
A general partner of a partnership having a statement on file may file a statement of withdrawal, publish and file an affidavit of publication. (Publication is not required if dissolution of the partnership has been published pursuant to the Corporations Code.)
A person who has filed a statement shall, upon ceasing to transact business in this state under that fictitious name, file and publish a statement of abandonment, and file an affidavit of publication.
Expirations and Abandonments
A fictitious business statement expires five years from the date it is filed with the County Clerk, and a new statement must be filed. The new statement need not be re-published if the information contained in the new statement previously filed has not changed from originally filed statement and the new filing is filed within 40 days of expiration of the previous statement.
A statement expires 40 days after any change in the facts contained in the statement except that a change in the residence address of an individual. A statement also expires when abandonment has been filed.
Business and Professions Code 17910
Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following:
- (a) File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business.
- (b) File a new statement after any change in the facts, in accordance with subdivision (b) of Section 17920.
- (c) File a new statement when refiling a fictitious business name statement
Place Of Filing (B&P 17915)
The fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state or, if the registrant has no place of business in this state, with the Clerk of Sacramento County. Nothing shall preclude a person from filing a fictitious business name statement in a county other than that where the principal place of business is located, as long as the requirement as stated above are also met.
You are REQUIRED to publish a fictitious business name statement IF:
- It is your first time filing;
- You have filed in the past but have made ANY changes to the information you had filed in the past;
- You have allowed the previous statement to expire more than 40 days even if there are no changes;
- Filing a Statement of Abandonment; OR
- Filing a Withdrawal of Partnership.
If you are renewing a statement that you filed 5 years ago (which has not lapsed more than 40 days) and there are absolutely NO changes to the information filed previously, there is no need to follow the publication requirements stated below.
To avoid delays, please avoid these common mistakes:
- 1. Please make sure that the signer’s name is EXACTLY the same on three documents. If the notary has certified your name as David N. Brown, then the name of the registrant at the top of the affidavit of identity must also be David N. Brown , as must the name on the authorized agent form and the name of the signer on the dba application itself. However, if the registrant is a corporation or LLC, please remember that on the DBA application only, the registrant must be the name of the Corporation or LLC.
- 2. No colored paper or card stock. Regular white paper only.
- 3. No hole punches or staples
- 4. Do not alter or deface the document in any way
- 5. Make sure the back of your paperwork is blank. Do not print on the other side of previously printed documents.