By: Hank Brown
When starting a business in California, there is a dizzying array of state and local government filings to juggle to keep your entity in legal compliance—a “Fictitious Business Name Statement” being one of them. Fear not! We’re here to get you started.
So what’s a fictitious business name anyway?
A fictitious business name, otherwise known as a “Doing Business As” name or “DBA” if you want to get fancy, is any name that your business will use in commerce other than the full entity name as listed on your Articles of Incorporation (for corporations) or Articles of Organization (for limited liability companies). You will also need to file for a fictitious business name as a Sole Proprietorship business if you are operating under a name other than your name as an individual.
For example, if your corporation’s full name is “California Plumbing Services, Inc.” but on your signage and other marketing materials you are operating under “John’s Plumbing,” you will need to file a fictitious business name statement for this name in the county in which you are doing business.
You will also need to file a fictitious business name statement even if the name is the same as your full entity name but simply lacking the entity identifier such as “LLC” or “Inc.” Some say that this isn’t necessary, but we always operate under the “better safe than sorry” motto, especially when it comes to protecting your business from legal troubles down the line.
This sounds like a pain, what’s the process for filing a statement?
The filing process is actually quite simple, but some counties are more difficult to work with than others. The overall process is as follows:
- Download the fictitious business name statement form from the appropriate county clerk website.
- Complete the form digitally or by hand but be sure to not sign at the bottom using an e-signature but rather good old fashioned pen ink as most counties are very particular about this detail. On most forms, all you will need to provide is your list of fictitious business names (more than one can be listed on a statement), your business and mailing addresses, entity type (LLC, Corporation, etc.), registrant name (your entity’s full name), and your individual name and title for the signee field.
- Submit either in person or via mail alongside a check for the appropriate filing fee listed on the form, however we would recommend submitting in person as sometimes the turnaround time can be up to a month for certain counties if filed by mail.
- Finally, submit the fictitious business name statement for publication in a local newspaper using the instructions provided by your respective county clerk’s office upon receiving the stamped FBN statement back. Please note that this step needs to be completed within 45 days of the county’s stamp date, otherwise you will need to file all over again!
I’ve filed the statement, now what?
This is the easy part! Once you have filed the statement with the county clerk’s office and published it in a local newspaper, all fictitious business names listed on the statement will be active for five years. All you need to do is set a reminder to refile and republish the statement all over again in half a decade.
What if some details on the statement have changed since filing?
If, for example, your business has changed its address or has begun using additional fictitious business names in commerce, a new statement will need to be filed and published.
In closing, it’s important to note that not all counties are created equal, and some require more involved processes than others such as including a notarized affidavit of identity or registering for a business license first. But for the most part, the general steps remain the same across most counties in California. If this sounds like too much of a hassle and you would like assistance in filing a fictitious business name statement for your entity, please do not hesitate to reach out to Bend Law Group at info@bendlawoffice.com or by calling (415) 633-6841.
Disclaimer: This article discusses general legal issues and developments. Such materials are for informational purposes only and may not reflect the most current law in your jurisdiction. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Bend Law Group, PC expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.