San Bernardino County 

Assessor-Recorder-County Clerk

       
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Fictitious Business Name Information

Information for all Individuals and Firms Operating under Fictitious Names

Fictitious Business Name Changes Effective January 1, 2014

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 2014 Fictitious Business Name Application Form  All applications received in this office after 12/30/13 will need to be on this form per AB 1325 (2012), Chapter 368.

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.