Along with the original, the county or city may require several copies of the statement for filing. The filing is valid for five years or until the facts in the statement change, whichever occurs first.Ī fictitious business name statement usually must be filed within 40 days of starting the business. ![]() ![]() Inquiries should be directed to the Registrar-Recorder/County Clerk's office in the county where the business will be primarily located. The fee to file a fictitious business name statement varies depending on the city or county where it is filed. Although a business does not file a FBN statement with the SOS, SOS is a good resource for determining if a business name is already in use. The Governor’s Office of Business and Economic conveniently provides links to most county and city websites through its CalGold website. Many cities and counties offer a FBN search on their individual websites. It is important to select a business name that is not already in use, does not closely resemble an existing business name, or misleads the public. If Michael Rocco instead owned either an LLC or a corporation, and wanted to open up additional businesses under the LLC or corporation, he would need a fictitious business name statement for any business name other than the entity’s legal name.īy filing a FBN, articles of incorporation, or certificate of qualification establishes a rebuttable presumption that the first registrant has the exclusive right to use a certain trade name, as long as the name is actually being utilized. If he wanted to go by either Michael and Sons Painting or House Painting Fast, he would need to file because the business name suggests additional owners and doesn’t include his last name. ![]() If Michael Rocco owns a sole proprietorship, and his business name is Michael Rocco Painting, he won’t need a fictitious business name because people will know who the owner of the company is and the type of business. A limited partnership, corporation, or Limited Liability Company (LLC) will be doing business under a name not stated in the Articles of Incorporation or Articles of Organization filed with the California Secretary of State.A partnership or other association that will use a name that does not include the surname of each general partner or a name that suggests the existence of additional owners such as “Company,” “& Company,” “& Son,” “& Sons,” “& Associates,” “Brothers,” and the like.A sole proprietorship will be doing business under a name that does not contain the owner’s last name.If the business is not located in CA, the business needs to register with the Clerk of Sacramento County.įiling a FBN statement makes the identity of the person doing business under the fictitious name available to the public. ![]() This process is also known as registering a “Doing Business As” (DBA) or “Trade Name”. An individual or a business entity must file a fictitious business name (FBN) statement with the Registrar-Recorder/County Clerk's office in the county where the business will be located when the name of the business does not include the owner's last name. Naming a business is an important branding strategy for a person or entity involved in a for-profit trade or business in California.
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