FILING REQUIREMENTS (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 along with the Affidavit of Identity form 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.
CORPORATION, LIMITED LIABILITY COMPANIES AND PARTNERSHIPS
If registrant is a corporation, a limited liability company, limited partnership, or a limited liability partnership, submit documentary evidence issued by the Secretary of State (SOS) indicating the current status and good standing of that business entity (a current printout from the Secretary of State is acceptable).
We are currently accepting ONLINE FBN Applications.
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.
BUSINESS AND RESIDENCE ADDRESSES ( B&P Code § 17913(b)(2))
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. For the residence address, use the street address, not a mailing address.
PUBLISHING REQUIREMENTS (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 (B&P Code § 17920)
- 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.
- 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.
- A fictitious business name statement expires when the registrant files a statement of abandonment of use of the fictitious business name.
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 Statement of 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.
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.