Fictitious Business Name Information
Information for all Individuals and Firms Operating under Fictitious Names
Purpose For Filing A Fictitious Business Name
To make available to the public the identities of persons doing business under the
fictitious name.
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.
Fictitious Business
Name Customer Alert – Misleading Business Solicitations
Definition Of A Fictitious Business Name (B&P 17900)
Partnerships or other associations of persons: A name that does not include surname of each general
partner or a name that suggests existence of *additional owners.
Individuals: A name that does not
include the surname of the individual or a name that suggests existence of *additional
owners.
Corporations: A name other than the corporate name stated in its articles
of incorporation.
Limited Partnership or Foreign Limited Partnership: A name other than the
name of the limited partnership as on file with the Secretary of State.
Limited Liability Company: A name other than the name of the limited liability
company as on file with the Secretary of State.
*A name that suggests the existence of additional owners 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.
Name Publication (B&P 17917)
The registrant will publish the statement once a week for four successive weeks
in a legally adjudicated newspaper of general circulation in the county where the
fictitious business name is filed. The first publication of the statement must appear
in the newspaper within 30 days from the filing date or it becomes obsolete and
must be refiled again with another filing fee.
If the county has no newspaper of general circulation, it will 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 where the fictitious
business name statement was filed within 30 days after the completion of the publication.
Fees
The fee for filing a “Fictitious Business Name Statement” is $55.00
for the first fictitious business name and $10.00 for each additional name filed
on the same statement and doing business at the same location. This includes one
certified copy of the filing. The $55.00 fee includes up to one partner with an
additional fee of $10.00 for each additional partner thereafter.
The fee for filing an “Abandonment of Fictitious Business Name” or “Withdrawal
From Partnership Operating under a fictitious business name” is $55.00.
The fee to have a fictitious business name researched by mail is $90.00.
The fee for a photocopy of a FBN filing is $12.00 for the first page, $2.00 for
each additional page. A certified copy is $5.25 for the first page, $1.25 each additional
page.
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.
Expirations (B&P 17920)
(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, except that a change in the residence address of an individual,
general partner, or trustee does not cause the statement to expire.
(c) A fictitious business name statement expires when the registrant files a statement
of abandonment of the fictitious
business name described in the statement.
Abandonments (B&P 17922)
Upon ceasing to transact business in this state under a fictitious business name
that was filed in the previous five years, a person who has filed a fictitious business
name statement shall file a statement of abandonment of use of fictitious business
name. The statement shall be executed in the same manner as a fictitious business
name statement and shall be filed with the county clerk of the county in which the
person has filed his or her 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.
Withdrawal Of A General Partner (B&P 17923)
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 shall be executed by the person filing
the statement in the same manner as a fictitious business name statement and shall
be filed with the county clerk of the county where the partnership filed its fictitious
business name statement.
Trustees, Guardians, Administrators, Assignees, and Purchasers (B&P 17919)
Whenever failure to comply with this law would preclude taking legal action to recover
monies due, a trustee in bankruptcy, an administrator of the estate, an assignee,
or purchaser of the business may file the fictitious name statement.
Additional Information
Download the Fictitious Business Name Application
Form
Download the Fictitious Business Name
Additional Names Information Form
Download the Fictitious Business
Name Publication Requirements
Download the Fictitious Business
Name Withdrawal From Partnership
San Bernardino
County Fictitious Business Name Search
You must check the county index to determine if you have selected a business name
that is the same or is similar to one already on file.
Please mail fees, forms, and a self-addressed stamped envelope to:
County Recorder - FBN Desk
County Clerk Section
222 W. Hospitality Lane, First Floor
San Bernardino, CA 92415-0022
*All city names must be spelled out
Note: Per Business and Professions Code Section 17913, a post office box does not
satisfy the requirement of “street address” or “residence address”.
For further information, please call (855) REC-CLRK or (855) 732-2575.