Fictitious Business Name Statements
The purpose of filing a fictitious business name statement is to make available to the public and creditors the identities of people doing business for profit in the State of California.
Fictitious Business Name Statement Forms are available from, and filed at, the Clerk-Recorder's Office. People starting new business in the county may wish to search the business names on file when considering their business name.
The requirements of filing a fictitious business name statement are outlined in Sections 17900-17930 of the Business and Professions Code. The following is general information on Fictitious Business Name Statements. Please consult with the Business and Professions Code for more in-depth information.
Who needs to file a Fictitious Business Name Statement?
Every person doing business for profit under a fictitious business name must file a fictitious business name statement within 40 days of commencement of business. [B&P 17910]. The fictitious business name statement is valid for five years from the date of filing unless it is abandoned or there is a change in the facts (except a change in a registrant's residence address does not cause the statement to expire if that is the only change). [B&P 17920]
- Individual: When the registrant's surname (last / family name) is not part of the business name and no other words suggest the existence of additional owners.
- Partnerships or other associations of persons: When the surnames of each general partner are not part of the business name and no other words suggest the existence of additional owners.
- Corporations: When using a name other than the name registered with the Secretary of State corporate filing division.
- Limited Liability Company: When using a name other than the name registered as a limited liability company with the Secretary of State.
- Words that suggest the existence of additional owners: Company, & Company, & Associates, & Sons, & Group, etc.
Where to file a Fictitious Business Name Statement?
The fictitious business name statement shall be filed with the Clerk of the County in which the registrant has his principal place of business in this state, or if he has no place of business in the state, with the Clerk of Sacramento County. [B&P 17915]
What are the Publication Requirements?
Within thirty days from the date of filing, the registrant shall start publishing the statement in a newspaper of general circulation in the county in which the principal place of business is located, once a week for four successive weeks. Within 30 days of the completion of the publication an affidavit shall be filed with the Sutter County Clerk. A renewal statement need not be republished if there is no change from the previous application.
When does the Fictitious Name Statement expire?
The Fictitious Name Statement expires five years from the date of filing, 40 days after any change in fact (except change of address of individual, general partner or trustee), or upon abandonment of name.
What to do when person ceases doing business?
A person, upon ceasing to transact business in this state under a fictitious name, may file a statement of abandonment with the county clerk and publish the same statement in the local newspaper. The newspaper will file an affidavit with the county clerk that the statement of abandonment has been published.
What to do when a partner leaves the business?
A partner, who is leaving a business, may file a statement of withdrawal with the county clerk. Publication is not required if dissolution of the partnership has been published pursuant to the Corporation Code. If published, an affidavit shall be filed with the clerk.
What are the fees for filing Fictitious Business Name Statements?
The fee for filing a Fictitious Business Name Statement is $24.00 for the first name including one owner on the statement, $5.00 for each additional business name and / or owner on the same statement at the same location. Abandonment or Withdrawal of a Fictitious Name is $20.25. The filing fee includes one certified copy. Additional certified copies are $2.00. Make checks payable to the Sutter County Clerk. Publication fee will vary with newspaper.