Fictitious Business Names - Representations To The Public - Business & Professions - CA

Section § 17900

This section is about making sure that the identity of people or groups of people doing business under a made-up name is publicly known. It requires them to file a certificate to make their real identities accessible. The section describes what a fictitious business name is for individuals, partnerships, corporations, and different kinds of partnerships or companies. For example, if your business name doesn't include your last name or implies there are more owners, you'll need to file. Also, if words like 'Company' or 'Associates' are used to imply extra owners, this counts as a fictitious name too.

(a)

(1) The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer any right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available to the public the identities of persons doing business under the fictitious name.

(2) Nothing in this section shall be construed to impair or impede the rebuttable presumption described in Section 14411.

(b) As used in this chapter, “fictitious business name” means:

(1) In the case of an individual, a name that does not include the surname of the individual or a name that suggests the existence of additional owners, as described in subdivision (c).

(2) In the case of a partnership or other association of persons, other than a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Section 15902.01 of the Corporations Code, a foreign limited partnership that has filed an application for registration with the California Secretary of State pursuant to Section 15909.02 of the Corporations Code, a registered limited liability partnership that has filed a registration pursuant to Section 16953 of the Corporations Code, or a foreign limited liability partnership that has filed an application for registration pursuant to Section 16959 of the Corporations Code, a name that does not include the surname of each general partner or a name that suggests the existence of additional owners, as described in subdivision (c) and in Section 17901.

(3) In the case of a domestic or foreign corporation, any name other than the corporate name stated in its articles of incorporation filed with the California Secretary of State, in accordance with subdivision (a) of Section 17910.5.

(4) In the case of a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Section 15902.01 of the Corporations Code and in the case of a foreign limited partnership that has filed an application for registration with the California Secretary of State pursuant to Section 15902.02 of the Corporations Code, any name other than the name of the limited partnership as on file with the California Secretary of State.

(5) In the case of a limited liability company, any name other than the name stated in its articles of organization and in the case of a foreign limited liability company that has filed an application for registration with the California Secretary of State pursuant to Section 17708.02 of the Corporations Code, any name other than the name of the limited liability company as on file with the California Secretary of State, in accordance with subdivision (b) of Section 17910.5.

(c) A name that suggests the existence of additional owners within the meaning of subdivision (b) is one that includes such words as “Company,” “& Company,” “& Son,” “& Sons,” “& Associates,” “Brothers,” and the like, but not words that merely describe the business being conducted.

fictitious business name public disclosure individuals

Section § 17901

This section explains what 'general partner' means in the context of different types of business organizations. For a partnership, a 'general partner' refers to someone who is already defined by another law. For an unincorporated association that isn't a partnership, it means a person who is involved in running the business and is liable in the same way a general partner in a partnership would be.

As used in this chapter, “general partner” means:

(a) In the case of a partnership, a general partner, as defined in Section 15901.02 of the Corporations Code.

(b) In the case of an unincorporated association other than a partnership, a person interested in the business of the association whose liability with respect to the association is substantially the same as that of a general partner, as defined in Section 15901.02 of the Corporations Code.

general partner partnership unincorporated association

Section § 17901.5

This section defines the term "manager" specifically as someone who manages a limited liability company (LLC).

As used in this chapter, “manager” means a manager of a limited liability company.

LLC manager manager definition limited liability company

Section § 17902

This section explains that the term “person” in this chapter covers individuals, companies with limited liability, partnerships, other types of groups, and corporations.

As used in this chapter, “person” includes individuals, limited liability companies, partnerships and other associations, and corporations.

person definition limited liability companies partnerships

Section § 17903

In this chapter, a 'registrant' refers to someone or a business that has submitted a statement for using a fake business name and owns the business legally.

As used in this chapter, “registrant” means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business.

fictitious business name registrant legal owner

Section § 17905

The Sacramento County Board of Supervisors can decide if another county officer should take over the county clerk's responsibilities for Sacramento. This is formalized through a resolution.

The Sacramento County Board of Supervisors may, by resolution, designate another county officer to perform the duties of the county clerk pursuant to this chapter in and for the County of Sacramento.

Sacramento County Board of Supervisors county clerk duties resolution

Section § 17910

If you're doing business in California under a fake or assumed business name, there are a few things you need to do. First, within 40 days of starting your business, you must file a statement declaring your fictitious business name. If any information changes, you need to update this statement. Lastly, you must file a new statement each time you refile under the same fictitious business name.

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.

fictitious business name business registration profit

Section § 17910.5

This law states that if you're choosing a name for your business, you can't use terms like "Corp." or "Inc." unless your business is actually a corporation. Similarly, you can't use "LLC" or "LC" unless your business is a limited liability company. However, you can use the words "Limited" or "Company" in your business name as long as it doesn't suggest you're an LLC. Also, the county clerk won't accept business name registrations that break these rules.

(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 this state 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 this state 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.

(c) A county clerk shall not accept a fictitious business name statement which would be in violation of this section.

fictitious business name corporation limited liability company

Section § 17911

This law states that nonprofit groups, like churches and charities, do not have to follow the rules in this chapter.

This chapter does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations.

nonprofit corporation association exemption churches

Section § 17912

This section states that the rules in this chapter don't apply to real estate investment trusts that have either appointed an agent to handle legal documents or have registered to conduct business in California according to certain sections of the Corporations Code.

This chapter does not apply to a real estate investment trust as defined in Section 23000 of the Corporations Code that has a statement on file, pursuant to Section 18200 of the Corporations Code, designating an agent for service of process or has qualified to do business under Chapter 21 (commencing with Section 2100) of Division 1 of the Corporations Code.

real estate investment trust agent for service of process qualified to do business

Section § 17913

This section outlines the requirements for filling out a fictitious business name statement in California. When you're registering a business under a fake name, certain information must be included, such as the business name, address, and the nature of the business (like a corporation or partnership). If any of this information changes, you'll need to file a new statement within 40 days. You must also declare that the information is true and could face a misdemeanor charge if you lie. The person or agent filing the statement must provide ID, like a driver's license, to confirm identity. Corporations and similar entities may need to supply evidence of their status from the Secretary of State. Counties might require additional identity proofing, possibly even allowing electronic methods, to ensure the applicant's identity. Each county can have its own procedures and forms for these filings.

(a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:

FICTITIOUS BUSINESS NAME STATEMENT

The following person (persons) is (are) doing business as

*

at ** :

***

This business is conducted by ****

The registrant commenced to transact business under the fictitious business name or names listed above on

*****

I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).)

Registrant signature

Statement filed with the County Clerk of ____ County on

NOTICE—IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.

THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).

(b) The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):

(1) Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.

(2) Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of the registrant’s principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of the registrant’s principal place of business outside this state.

(3) Where the three asterisks (***) appear in the form: If the registrant is an individual, insert the registrant’s full name and business mailing address if it differs from the business address. If the registrants are a married couple, insert the full name and business mailing address of both parties to the marriage if it differs from the business address. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and business mailing address of each general partner if it differs from the business address. If the registrant is a limited partnership, insert the full name and business mailing address of each general partner. If the registrant is a limited liability company, insert the name and business mailing address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and business mailing address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and business mailing address of each domestic partner if it differs from the business address. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.

(4) Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) “an individual,” (ii) “a general partnership,” (iii) “a limited partnership,” (iv) “a limited liability company,” (v) “an unincorporated association other than a partnership,” (vi) “a corporation,” (vii) “a trust,” (viii) “copartners,” (ix) “a married couple,” (x) “joint venture,” (xi) “state or local registered domestic partners,” or (xii) “a limited liability partnership.”

(5) Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, “Not applicable.”

(c) The registrant shall declare that all of the information in the fictitious business name statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).

(d)

(1) At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.

(2) In the case of a registrant utilizing an agent for submission of the registrant’s fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.

(e) If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).

(f)

(1) The county clerk may require a registrant that mails a fictitious business name statement to a county clerk’s office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.

(2) The county clerk may accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrant’s identification. The identity proofing process shall follow, to the extent reasonable, the federal guidelines for security and privacy and shall include dynamic knowledge-based authentication or an identity proofing method consistent with, at least, level 3 identity assurance, as described in the electronic authentication guidelines of the National Institute of Standards and Technology.

(g) A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.

fictitious business name statement requirements business address

Section § 17914

This law specifies who should sign a fictitious business name statement based on the type of registrant. An individual must sign their own statement. For married couples, either spouse can sign. In partnerships or joint ventures, a general partner is responsible. A manager or officer signs for a limited liability company, and a trustee for a trust. Corporations require an officer's signature, while for domestic partnerships, one domestic partner can sign.

The fictitious business name statement shall be signed as follows:

(a) If the registrant is an individual, by the individual.

(b) If the registrants are a married couple, by either party to the marriage.

(c) If the registrant is a general partnership, limited partnership, limited liability partnership, copartnership, joint venture, or unincorporated association other than a partnership, by a general partner.

(d) If the registrant is a limited liability company, by a manager or officer.

(e) If the registrant is a trust, by a trustee.

(f) If the registrant is a corporation, by an officer.

(g) If the registrant is a state or local registered domestic partnership, by one of the domestic partners.

fictitious business name registrant individual

Section § 17915

If you're using a fictitious business name, you need to file a statement about it with the county clerk where your main business is located in California. If you don't have a business location in California, file it in Sacramento County. You can also file in other counties as long as you still comply with these rules.

A 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. This chapter does not 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 requirements of this section are also met.

fictitious business name county clerk filing principal place of business

Section § 17916

In California, when you want to file a fictitious business name statement, you need to submit the original and a copy of the statement, prove your identity (possibly with a notarized affidavit if required), provide any necessary documents, and pay a filing fee. Once these steps are done, and the county clerk accepts the statement, it is considered filed. The clerk will then mark the copy with the filing number, date of filing, and expiration date, and give you or your representative a certified copy. Counties can also use remote identity proofing for verification.

Presentation for filing of an original fictitious business name statement and one copy of the statement, with proper identification, accompanied by a completed and notarized affidavit of identity, if required by the county clerk, and other documents required in accordance with Section 17913, payment of the filing fee, and acceptance of the statement by the county clerk constitute filing under this chapter. The county clerk shall note on the copy the file number, the date of filing the original, and the date of expiration and shall certify and deliver the copy to the registrant or the registrant’s agent. A county clerk may use a remote identity proofing process as described in subdivision (f) of Section 17913 for purposes of this section.

fictitious business name filing fee county clerk

Section § 17917

If you file a fictitious business name in California, you must publish a notice in a local newspaper within 45 days. This notice should be published in the county where you filed, or if that's not possible, in a nearby county. If you don't have a business location in California, publish it in Sacramento County. If you’re renewing your registration and nothing has changed, you don’t need to republish the notice if you refile within 40 days of expiration. After publishing, file proof with the county clerk within another 45 days.

(a) Within 45 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.

(b) Subject to the requirements of subdivision (a), the newspaper selected for the publication of the statement should be one that circulates in the area where the business is to be conducted.

(c) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.

(d) An affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 45 days after the completion of the publication.

fictitious business name publication requirement newspaper of general circulation

Section § 17918

If you're doing business under a made-up name in California, you can't sue anyone in state court over deals made under that name unless you've filed and published a statement about the business name as required. However, not following one specific rule (subdivision (b) of Section 17917) doesn't count as breaking the rules about using a fictitious business name.

No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subdivision (b) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter.

fictitious business name business name statement California courts

Section § 17919

This law explains that if a business with a fictitious name goes through certain changes, like bankruptcy, death, or being sold, certain people can still file and publish a fictitious business name statement to allow them to collect any money owed. Specifically, a trustee, conservator, executor, administrator, assignee, or buyer can handle this. The statement needs to follow a specific format and should include who was doing business before the change happened and specific legal wording. The person filing must provide their full name and business address, and identify their role in the situation, like trustee or buyer.

(a) A fictitious business name statement may be executed, filed, and published by the trustee in bankruptcy at any time after bankruptcy where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the debtor or bankruptcy estate or the partnership of which the debtor or bankruptcy estate was a member.

(b) A fictitious business name statement may be executed, filed, and published by the conservator, executor, or administrator at any time after the appointment of a conservator for or death of any individual or partner where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due the conservatee or deceased person or the partnership of which they were a member.

(c) A fictitious business name statement may be executed, filed, and published by an assignee or purchaser of the business at any time after the assignment or sale where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the assignee or purchaser by reason of the assignment or sale.

(d) The fictitious business name statement referred to in this section shall be in substantially the same form as prescribed in Section 17913, except:

(1) The person or persons who were doing business under the fictitious business name shall be stated as such person or persons existed (i) immediately before the bankruptcy, conservatorship, or death or the assignment or sale of the business or (ii) at the time they ceased to do business under the fictitious business name, whichever is the earlier time.

(2) The statement shall include the following additional sentence: “This statement has been executed pursuant to Section 17919 of the Business and Professions Code.”

(3) The person executing the statement shall (i) sign the statement on behalf of the person or persons formerly doing business under the fictitious business name, (ii) state their full name and the street address of their place of business or, if they have none, of their business mailing address, and (iii) indicate whether they are a trustee in bankruptcy, conservator, executor, or administrator or assignee or purchaser of the business.

fictitious business name bankruptcy trustee conservator

Section § 17920

This law outlines when a fictitious business name statement expires. Generally, it expires five years after it is filed with the county clerk. However, if any information in the statement changes, it will expire 40 days after the change, unless stated otherwise in a specific section. Finally, if the business files an abandonment notice, the statement expires immediately.

(a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in the office of the county clerk.

(b) Except as provided in Section 17923, a fictitious business name statement expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913.

(c) A fictitious business name statement expires when the registrant files a statement of abandonment of the fictitious business name described in the statement.

fictitious business name statement expiration county clerk filing

Section § 17921

This law requires that the expiration date be clearly stated on the form used to file a fictitious business name.

Notice of the date of expiration shall be on the fictitious business name statement form.

fictitious business name expiration date business name statement

Section § 17922

If you stop doing business in California under a fictitious name that you registered in the past five years, you must file a statement saying you are no longer using that name. This statement should be filed with the county clerk where your original name statement was filed, and published like the original was. It should include details like the name and address of the business, date and place of the original filing, and names and addresses of people involved, such as individuals, partners, or corporate officers, depending on the business structure.

(a) Upon ceasing to transact business in this state under a fictitious business name that was filed in the previous five years, a registrant who has filed a fictitious business name statement shall file a statement of abandonment of use of fictitious business name. The statement of abandonment shall be executed in the same manner as a fictitious business name statement, excluding the requirements of subdivisions (d), (e), and (f) of Section 17913 and shall be filed with the county clerk of the county in which the registrant has filed the fictitious business name statement. The statement shall be published in the same manner as a fictitious business name statement and an affidavit showing its publication shall be filed with the county clerk after the completion of publication.

(b) The statement shall include:

(1) The name being abandoned and the street address of the principal place of business.

(2) The date on which the fictitious business name statement relating to the fictitious business name being abandoned was filed, the file number, and the county where filed.

(3) In the case of an individual, the full name and business mailing address of the individual.

(4) In the case of a married couple, the full name and business mailing address of both parties to the marriage.

(5) In the case of a general partnership, a limited partnership, copartners, a limited liability partnership, a joint venture, or an unincorporated association other than a partnership, the full names and business mailing addresses of all of the general partners.

(6) In the case of a corporation, the name and address of the corporation as set forth in its articles of incorporation on file with the California Secretary of State.

(7) In the case of a trust, the full name and business mailing address of each of the trustees.

(8) In the case of a limited liability company, the name and address of the limited liability company as set forth in its articles of organization on file with the California Secretary of State.

(9) In the case of state or local registered domestic partners, the full name and business mailing address of each domestic partner.

fictitious business name statement of abandonment name abandonment

Section § 17923

If you're a general partner in a business using a made-up, or fictitious, name and decide to leave the partnership, you can file a statement to officially withdraw. This statement, which needs to be filed with the county clerk, should include details like your business's fictitious name, filing dates, and your contact information. Once filed, you also need to publish this withdrawal notice in a similar way as when your business name was initially registered. Importantly, your leaving doesn't automatically end the fictitious business name registration if you follow these steps.

(a) Any registrant 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 of withdrawal shall be executed by the registrant filing the statement in the same manner as a fictitious business name statement, excluding the requirements of subdivisions (d), (e), and (f) of Section 17913, and shall be filed with the county clerk of the county where the partnership filed its fictitious business name statement.

(b) The statement shall include:

(1) The fictitious business name of the partnership.

(2) The date on which the fictitious business name statement for the partnership was filed, the file number, and the county where filed.

(3) The street address of its principal place of business in this state or, if it has no place of business in this state, the street address of its principal place of business outside this state, if any.

(4) The full names and business mailing addresses of the registrant or registrants withdrawing as partners.

(c) The statement of withdrawal from the partnership operating under a fictitious business name shall be published in the same manner as the fictitious business name statement and an affidavit showing the publication of the statement shall be filed with the county clerk after the completion of the publication.

(d) The withdrawal of a general partner does not cause a fictitious business name statement to expire if the withdrawing partner files a statement of withdrawal meeting the requirements of this section.

fictitious business name general partner withdrawal statement of withdrawal

Section § 17924

This law section explains that the county clerk must provide certain forms for free. One form is used to declare a fictitious business name, and it must be published in a local newspaper for four weeks. There’s also a warning that if someone knowingly makes a false statement about a fictitious business name, they could be fined up to $1,000. Additionally, the county clerk can also provide forms for abandoning or withdrawing from using a fictitious business name for free.

(a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:

(1) “Your fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).”

(2) “Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).”

These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.

(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name.

fictitious business name county clerk publication requirement

Section § 17925

This section outlines that the county clerk must keep an organized index to help find important information about businesses that use fictitious names. The index should show if there's a statement on file for a business name, an individual or company listed, an abandonment of a business name, or a withdrawal from a partnership, and include the file numbers for these documents. Four years after such a statement expires, the clerk can remove these records from the index.

(a) The county clerk shall maintain one or more indices which permit the determination of at least the following information:

(1) Whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth such name and, if so, the file number of the statement.

(2) Whether any individual, general partner, or corporation is listed in any fictitious business name statement on file and, if so, the file number of the statement.

(3) Whether a statement of abandonment of use of a specific business name is on file and, if so, the file number of the statement of abandonment.

(4) Whether a statement of withdrawal from a partnership operating under fictitious business name is on file and, if so, the file number of the statement of withdrawal.

(b) Four years after a fictitious business name statement has expired, the county clerk may delete the information concerning that statement from the index, including any references to statements of abandonment of use, statements of withdrawal of partnerships, or any other references related to a fictitious business name statement which is being deleted from the index.

county clerk fictitious business name business name statement

Section § 17926

This law explains the handling of fictitious business name statements. A 'statement' includes documents like business name filings and withdrawals from partnerships using those names. The county clerk can give a certified copy of these statements for a $2 fee. Once certified, these statements suggest, but don't prove, that the original exists, was signed by the right person, and contains correct information as required by law. If someone challenges these suggestions, they must provide evidence against them. The law's rules are also under the larger government law framework.

(a) As used in this section, “statement” means a fictitious business name statement, a statement of abandonment of use of fictitious business name, or a statement of withdrawal from partnership operating under fictitious business name.

(b) For a fee of two dollars ($2), the county clerk shall provide any person who so requests a certified copy of any statement on file in his or her office.

(c) A copy of a statement, when certified as provided in subdivision (b), establishes a rebuttable presumption of all of the following:

(1) The existence of the original statement.

(2) The execution of the statement by the person by whom it purports to have been executed.

(3) The truth of the information required by Sections 17913, 17922, or 17923 that is contained in the statement.

(d) The presumptions established by subdivision (c) are presumptions affecting the burden of producing evidence.

(e) All of the provisions of this section are subject to Section 54985 of the Government Code.

fictitious business name statement of abandonment withdrawal from partnership

Section § 17927

The county clerk is responsible for filing and marking fictitious business name statements and related documents with a file number and filing date. After keeping the original statement for four years after it expires, the clerk can destroy or dispose of it along with any related documents. This also applies to statements about abandoning the use of a fictitious business name or withdrawing from a partnership. Instead of keeping original documents, the clerk can keep copies according to another government code. These rules started on January 1, 2014.

(a) The county clerk shall mark each fictitious business name statement with a file number and the date of filing and shall retain the original statement for his or her file. He or she may destroy or otherwise dispose of the statement, including proof of publication, affidavit of identity statement, the additional documents required by subdivisions (d), (e), and (f) of Section 17913, and any other references related to the fictitious business name statement, four years after the statement expires.

(b) The county clerk shall mark each statement of abandonment of use of fictitious business name or statement of withdrawal from partnership operating under fictitious business name with a file number and the date of filing. He or she may destroy or otherwise dispose of the statement at the same time the fictitious business name statement to which it relates is destroyed pursuant to subdivision (a).

(c) In lieu of retaining the original statement, proof of publication, affidavit of identity statement, and additional documents that may be required pursuant to subdivisions (d), (e), and (f) of Section 17913, and any other documents pertaining to the fictitious business statement on file, the county clerk may retain a copy of the statement in accordance with Section 26205.1 of the Government Code.

(d) This section shall become operative on January 1, 2014.

county clerk responsibilities fictitious business name statement file number

Section § 17928

If someone pays a fee set by the county, they can ask the county clerk to provide summaries or compilations of certain filings. The fee, which must cover at least the actual costs, is determined by the county clerk and approved by the county supervisors.

(a) Upon prepayment of the fee established pursuant to subdivision (b), the county clerk may furnish to any person who so requests daily or less frequent summaries or compilations of filings under this chapter.

(b) The fee for furnishing information under this section shall be fixed by the county clerk with the approval of the county board of supervisors and shall be sufficient to pay at least the actual cost of furnishing such information.

county clerk filing summaries fee prepayment

Section § 17929

In California, if you want to file a fictitious business name statement, it costs $10 for the first name and owner, and $2 for any additional names or owners filed together. This fee includes costs like filing, indexing, and one certified copy. If you're giving up a fictitious business name or withdrawing from a partnership using that name, it's $5 each. These fees cover various administrative processes. Also, if a notice of expiration is returned undelivered, the county clerk doesn't have to keep it. This law has been in effect since January 1, 2014.

(a) The fee for filing a fictitious business name statement is ten dollars ($10) for the first fictitious business name and owner and two dollars ($2) for each additional fictitious business name or owner filed on the same statement and doing business at the same location. This fee covers the cost of filing and indexing the statement (and any affidavit of publication), the cost of furnishing one certified copy of the statement to the registrant filing the statement, acceptance, verification, and maintenance of the affidavit of identity statement and other documents or actions that may be required pursuant to subdivisions (d), (e), and (f) of Section 17913, and the cost for notifying registrants of the pending expiration of their fictitious business name statement.

(b) The fee for filing a statement of abandonment of use of a fictitious business name is five dollars ($5). This fee covers the cost of filing and indexing the statement, the cost of any affidavit of publication, and the cost of furnishing one certified copy of the statement to the registrant filing the statement.

(c) The fee for filing a statement of withdrawal from partnership operating under a fictitious business name is five dollars ($5). This fee covers the cost of filing and indexing the statement, the cost of any affidavit of publication, and the cost of furnishing one certified copy of the statement to the registrant filing the statement.

(d) All of the provisions of this section are subject to Section 54985 of the Government Code.

(e) If the notice of pending expiration, as described in subdivision (a), is returned to the county clerk by the United States Postal Service as undeliverable, the county clerk is not required to retain the returned notice of pending expiration.

(f) This section shall become operative on January 1, 2014.

fictitious business name filing fee certified copy

Section § 17930

If someone knowingly makes or shares a false statement as required by this chapter, they are committing a misdemeanor and can be fined up to $1,000.

Any person who executes, files, or publishes any statement under this chapter, knowing that such statement is false, in whole or in part, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000).

false statement misdemeanor fine

Representations To The Public

Representations to the PublicFictitious Business Names