Frequently Asked Questions

Where do I 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&PC 17915]

What are the Publication Requirements?

Within 45 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 County Clerk. A renewal statement need not be republished if there is no change from the previous application.

When does the Fictitious Business 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 a name.

What happens when a person ceases to do business?

A person, upon ceasing to transact business in this state under a fictitious business name, may file a Statement of Abandonment of Use of a Fictitious Business Name with the County Clerk and publish the same statement in the local newspaper. 

When must I file a Fictitious Business Name Statement?

You can file before you make your first transaction. In any case you must file within 40 days of making your first transaction.

Is a Fictitious Business Name Statement good forever?

No. You must update it every five years, even if no information about your business has changed.

Can I have more than one Fictitious Business Name Statement on file?

Yes. You may have as many Fictitious Business Name Statements on file as you have separate businesses. Also, there may be more than one registrant listed on your Fictitious Business Name Statement.

Does filing a Fictitious Business Name Statement automatically guarantee that no other business is using my name?

No, it does not reserve the name for your exclusive use. The filing is for consumer protection, and is under requirement under law. Applicants, not the County Clerk, are responsible for verifying that the business name used is unique. The applicant also is responsible for verifying that the name does not violate any trademark protocols. 

Does it matter if another business has the same name?

The County Clerk will file any appropriately completed fictitious business name statement. Thus, there may be more than one person(s) with the same fictitious business name. However, Business and Professions Code §14411 states: “The filing of any fictitious business name statement ... shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement.”

Can changes be made to an FBN Statement after it has been filed?

The FBN Statement is a legal document and no changes may be made to an FBN Statement once it is filed. Be certain the information in the statement is correct and complete before filing it. Once your statement has been filed, changes to the filing cannot be made, and no refunds are issued.

Does it matter if another business has the same or similar name?

The County Clerk will file any properly completed FBN Statement. The County Clerk will not check to see if the name is already on file, nor do we prevent someone from filing a duplicate or similar name. It is the responsibility of the owner to conduct a search to determine if the name is in use. However, Business & Professions Code §14411 states, “The filing of any fictitious business name statement ... shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement in that county, and is actually engaged in a trade or business utilizing such fictitious business name.” Enforcement of this is up to the business, not the County Clerk.

What happens if I make changes to an existing FBN?

If any change occurred in the facts of the original statement, other than a change of residence address for owner, partner, officer etc., a new FBN Statement must be filed and published in a newspaper of general circulation.

What happens if I sell the business?

If the business is sold, the original owner must file and publish an Abandonment of Use of a Fictitious Business Name Statement.

I would like to do business as a corporation or LLC. Are there additional steps I need to take? 

Yes, you will need to register your business with the California Secretary of State prior to filing as a corporation, LLC, or LP on your FBN. Additionally, if you choose to use words such as “Corporation, Corp., Incorporated, Inc., LLC” etc., in your business name you must be registered as a corporation or LLC with the Secretary of State. Our office will request your SOS file number and articles of incorporation. If you do not have an active file number your application may be rejected.

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The above information was provided by various County Clerks located throughout California. Portfolio DBA Services has not checked any of the information for accuracy, correctness or completeness. These FAQs are provided for information purposes only – and are not to be construed as legal advice. For legal advice, contact a licensed attorney.

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