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FAQ

Fictitious Business Name statement law is found in California Business and Professions Code Sections 17900 - 17930. You should refer to these sections or consult with an attorney for any specific legal questions.
When a section number is cited hereafter, the reference is to that section in the Business and Professions Code, unless otherwise noted.
Fictitious Business Name Statements are referred to as "FBN" and are also commonly referred to as "DBA" (Doing Business As).

Who shall file a DBA?  back to top
Every person who regularly transacts business in California for profit under a fictitious business name shall: (a) File a FBN not later than 40 days from the time he commences to transact business; (b) File a new FBN on or before the date of expiration of the FBN on file. (Sec. 17910)

Who is not required to file a DBA?  back to top
Organizations not required to file a FBN are non-profit corporations or associations such as churches, labor unions, fraternal and charitable organizations, non-profit hospitals, etc. (Sec. 17911); and real estate investment trusts with permits under Government Code Section 23002 which have statements on file designating an agent for service of process, or has qualified to do business under Chapter 21 of the Corporations Code. (Sec. 17912)

What is a Fictitious Business Name? (Sec. 17900)  back to top
For individuals: A name that does not include the surname of the individual or a name that suggests the existence of additional owners.
For partnerships or other association of persons: A name that does not include the surname of each general partner or a name that suggests existence of additional owners.
For corporations: Any name other than the corporate name stated in its articles of incorporation.
For limited liability companies: Any name other than the name stated in its articles of organization.

A name that suggests the existence of additional owners using such words as "Company," "Sons," "Associates," "Brothers," but not words that merely describe the business being conducted.
Sec. 17910.5. (a) No person shall adopt any fictitious business name which includes "Corporation," "Corp.," "Incorporated," or "Inc." unless that person is a corporation organized pursuant to the laws of California or some other jurisdiction.
(b) No person shall adopt any fictitious business name that includes "Limited Liability Company" or "LLC" or "LC" unless that person is a limited liability company organized pursuant to the laws of California or some other jurisdiction. A person is not prohibited from using the complete words "Limited" or "Company" or their abbreviations in the person’s business name as long as that use does not imply that the person is a limited liability company.

Where to file a FBN?  back to top
Filing will be with the clerk of the county in which the registrant has his principal place of business in California; if he has no place of business in California he shall file with the Clerk of Sacramento County. (Sec. 17915).

Who is required to sign the FBN form?  back to top
If the registrant is an individual, the statement shall be signed by the individual; if a partnership or other association of persons, by a general partner; if a limited liability company, by a manager or officer; if a business trust, by a trustee; if a corporation, by an officer.

When does a FBN expire?  back to top
A FBN expires:
a. At the end of five years from the date it was filed in the office of the county clerk. (Sec. 17920a)
b. Forty days after any change in the facts set forth in the statement, except that a change in the residence address of an individual, general partner, or trustee does not cause the statement to expire. (Sec. 17920b)
c. If the registrant files a statement of abandonment of the fictitious business name described in the FBN. (Sec. 17920c)

Where and when must a FBN be published?  back to top
Within 45 days after a FBN is filed, it must be published in a newspaper of general circulation in the county in which the principal place of business of the registrant is located. Publication is to be once a week for four successive weeks. If there is no place of business in California, it shall be published in a newspaper of general circulation in Sacramento County. (Sec. 17917)
Where a new FBN is required because the previous FBN has expired by reason of the five year requirement (Sec. 17920a) it need not be published again unless there has been a change in the information required in the expired FBN, provided the refiling is filed within 40 days of the date the statement expired. (Sec. 17917c)
An affidavit of publication shall be filed with the county clerk within 30 days after completion of the publication. (Sec. 17917d)

What actions are barred by a business until a FBN is filed and published? back to top
No one transacting business in California under a fictitious business name may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court in California until the FBN has been executed, filed and published in accordance with the Business and Professions Code. (Sec. 17918)

Do I need to file anything if I stop doing business under my FBN name?  back to top
A person who has filed a FBN may, upon ceasing to transact business in this state under that fictitious business name, file a statement of abandonment of use of fictitious business name. The statement is executed, filed and published in the same manner as a FBN. (Sec. 17922)

What if a partner leaves the business but another partner will continue operating under the FBN?  back to top
Any person who is a general partner in a partnership that is or has been regularly transacting business under a fictitious business name may, upon withdrawing as a general partner, file a statement of withdrawal from the partnership operating under a fictitious business name. The statement is filed and published in the same manner as a FBN. (Sec. 17923)
Only the signature of the withdrawing partner is required.
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