Requirements for Filing
REQUIREMENTS FOR FILING THE FBN STATEMENT (B&P Code §§ 17910, 17915) Every person who regularly transacts business in this state for profit under a fictitious business name shall file a fictitious business name statement not later than 40 days from the time he commences to transact such business. The registrant shall file a new statement on or before the date of expiration of each FBN statement. The statement shall be filed in the county in which the principal place of business is located. If the principal place of business is outside this state, the statement shall be filed with the Clerk of Sacramento County.
- Any abbreviation or variation of a fictitious business name is considered a different business name and MUST be filed or may not be used for business (for example: Apple Computer Store, AC Store, A.C.S., A-C-S, A C S, and ACS are all considered different business names). Additional filing fees are required.
- A Fictitious Business Name Statement is considered a public record and is open for public review.
The registration fee is for one business name with one registrant is $53.00, plus a $10.00 extra fee for each additional business name and for each additional registrant listed. The law requires the County Clerk to collect these fees in advance.
FALSE OR MISLEADING INFORMATION (B&P Code § 17930)
Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1000).
BUSINESS AND RESIDENCE ADDRESSES
State Law requires the disclosure of actual street addresses for the place of business and EACH owner’s place of residence. Do not use a mailing address such as a P.O. Box, postal suite, postal drop box, mailing suite, etc. For the business address, use the address of the physical location of the principal place of business. If you operate the business out of your home, use the home address. If no street address is assigned, give the exact location of the business plus the rural route, slip number, or other number assigned. For the residence address, use the street address, not a mailing address.
REQUIREMENTS TO PUBLISH THE FBN STATEMENT (B&P Code § 17924)
Within 30 days after a fictitious business name statement has been filed with the County Clerk, the statement shall be published in a newspaper of general circulation in the county where the fictitious business name statement was filed. The newspaper selected for the publication of the statement should be one that circulates in the area where the business is to be conducted. The statement must be published once a week for four consecutive weeks with at least five days between each date of publication. An affidavit of publication shall be filed within 30 days after the completion of the publication. If a refilling is required because the prior statement has expired, the refilling need not be published unless there has been a change in the information required in the expired statement, provided the refilling is filed within 40 days of the date the statement expired (B&P Code 17917 & Gov Code 6064).
Publication instructions and a list of newspapers authorized to publish legal notices will be provided at the time of filing the FBN Statement.
EXPIRATION OF FBN STATEMENT (B&P Code § 17920)
a. Unless the statement expires earlier under (b) or (c) below, a fictitious business name statement expires five years from the date it was filed in the County Clerk’s Office. A renewal statement must be filed before the expiration date.
b. A fictitious business name statement expires 40 days after any change in the facts set forth in the statement, except the following changes:
- A change in the registrant’s residence address, if the residence address is different than the business address, or
- Filing a statement of withdrawal from partnership by a withdrawing partner whose residence address is not the business address.
A new statement must be filed within 40 days after a change in the facts. Publication will be required.
c. A fictitious business name statement expires when the registrant files a statement of abandonment of use of the fictitious business name.
TRADE NAME REGISTRATION (B&P Code §§ 14411, 14412, 14415, 14416)
The filing of articles of incorporation with the state, or a fictitious business name statement in the county, establishes a rebuttable presumption in that county. The registrant or corporation has the exclusive right to use that business name, as well as any confusingly similar name, if the registrant or corporation is the first to register such name and is actively engaged in a business utilizing the name. The rebuttable presumption shall be applicable until the statement is abandoned or otherwise expires and no new statement has been filed by the registrant.
STATEMENT OF ABANDONMENT (B&P Code § 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.
STATEMENT OF WITHDRAWAL (B&P Code § 17923)
Any person who is a general partner in a partnership that is or has been regularly transacting business in a fictitious business name may, upon withdrawing as a general partner, file a F.B.N. Statement Withdrawal from 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. The statement of withdrawal from the partnership operating under a fictitious business name shall be published in the same manner as a fictitious business name statement and an affidavit showing the publication shall be filed with the County Clerk after the completion of publication. The withdrawal of a general partner does not cause the fictitious business name statement to expire if the withdrawing partner completes the withdrawal process as stated above.
Forms are available to download, complete and bring into our Office. For assistance, or to request a form, contact our Office at (805) 654-3788, Monday through Friday, 8:00 a.m. to 5:00 p.m. Please click on this link to view the available forms on our site. http://recorder.countyofventura.org/county-clerk/forms/
ONLINE F.B.N. APPLICATION
Fictitious Business Name Statement Application now available to complete online. When you have COMPLETED your filing application and received your confirmation number, you can obtain a Fictitious Business Name Statement, by going to the County Government Center in Ventura at the office of the County Clerk and Recorder Office, Hall of Administration, Main Plaza, 800 S. Victoria Avenue, Ventura CA 93009-1260.
Fictitious Business Name Filings may be filed from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Please Note: Your Internet Online Application will only be kept on file 10 business days from the date submitted to the Clerk and Recorder’s Office.
Click on link to apply for an Online F.B.N. Application
INSTRUCTIONS FOR FILING YOUR FBN STATEMENT
Click here for detailed instructions on completing and filing your FBN Statement.
Monday through Friday, 8:00 a.m. to 5:00 p.m.