REQUIREMENTS FOR FILING THE WITHDRAWAL (Sec. 17923 B&P Code)

"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 statement of withdrawal from the partnership operating under 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 of the statement shall be filed with the county clerk after the completion of the publication." The withdrawal of a general partner does not cause a fictitious business name statement to expire if the withdrawing partner completes the withdrawal process as stated above.

FEES
The filing fee for filing a Statement of Withdrawal From Partnership is $39.00 for one partner withdrawing from one business name, plus $10 for each additional withdrawal of a partner from a business name on the same form. Payment may be made with cash (no cash by mail, please), a check (California bank, please), or money order payable to Ventura County Clerk and a self-addressed, stamped envelope (if mailed).

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).

REQUIREMENTS TO PUBLISH THE FBN STATEMENT (B&P Code § 17924)
Within 30 days after the fictitious business name statement has been filed with the county clerk, the statement must be published in a newspaper of general circulation in the county where the principal place of business is located. The newspaper selected 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 successive weeks with at least five days between each date of publication. An affidavit of publication must be filed with the county clerk within 30 days after the completion of the publication. If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling 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)

  1. 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 office of the county clerk. A renewal statement must be filed before the expiration date.
  2. A fictitious business name statement expires 40 days after any change in the facts set forth in the statement, except the following changes:
    1. A change in the registrant's residence address, if the residence address is different than the business address, or
    2. 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.
  3. A fictitious business name statement expires when the registrant files a statement of abandonment of use of the fictitious business name.

FORMS
Forms are available on-line or upon request. To download and complete the form on-line, click here. For assistance, contact our Office at (805) 654-3790, Monday through Friday, 8:00 a.m. - 4:00 p.m.

INSTRUCTIONS FOR COMPLETING THE WITHDRAWAL (Sec. 17923 B&P Code)

Type or print legibly and firmly in black ink. Review the completed statement for errors. If the statement is filed with errors, it cannot be corrected without filing a new statement and paying the applicable fees.

Please complete the proper form using the filing information and the file number from your current FBN Statement (the one from which the partner is withdrawing). Do not remove the carbon paper (if applicable). Copies will be provided to you. Illegible documents will be returned. Do not use correction fluid or the like to make corrections to the statement.

  1. Insert the fictitious business name(s) of the partnership from which the partner is withdrawing. The name(s) must be the exact name(s) as shown on the fictitious business name statement. More than one business name may be listed on the withdrawal form ONLY if all the names were originally listed on the same FBN statement form. If more than one name is listed, number each name; the Clerk's Additional Information form may be used to list additional names.
  2. Insert the street address of the principal place of business. (P.O. Box, postal drop box, mailing suite, or c/o addresses are not acceptable.) If there is no place of business in California, insert the street address of the principal place of business outside of California.
  3. Insert the date on which the fictitious business name statement for the partnership was filed and the original file number.
  4. Insert the full name and residence address of each person withdrawing as a partner. (P.O. Box, postal drop box, mailing suite, and c/o addresses are not acceptable.)
  5. The withdrawing partner must sign. If more than one withdrawing partner files on the same withdrawal form, each must sign.

You may process these forms in person or by mailing to:

Ventura County Clerk
Hall of Administration, Main Plaza
800 South Victoria Avenue
Ventura, CA 93009-1210

If you need additional assistance you may call the Ventura County Clerk's Office, (805) 654-3790, Monday through Friday, 8:00 a.m. to 4:00 p.m. For location information click here

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