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).
• Individuals with a business name that does not include the surname of the individual or a name that suggests the existence of additional owner. • Partnerships or other associations of persons with a name that does not include the surname of each general partner or a name that suggests existence of additional owner, such as “Company” or “Associates”, and for a limited partnership, any name other than the name as on file with the Secretary of State. • Corporations with a name not stated in its articles of incorporation. • Organizations not defined as fictitious business names and not required to file a statement are non-profit groups or associations such as churches, hospitals, labor unions, fraternal and charitable organizations, etc. and real estate investment trusts with permits under Section 23002 of the Govt. Code which have statements on file designating agent for service of process. If you have questions or would like more information, please refer to the California Business & P
• Individual: when the registrant’s surname (last 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 • When the name contains words that suggest the existence of additional owners, such as Company, & Company, & Associates, & Sons, & Group, etc.
