PURPOSE OF FILING - BPC CODE 17900(a)(1)
To make available to the public the identities of those persons doing business under the fictitious name.
REQUIREMENTS FOR FILING THE FICTITIOUS BUSINESS NAME (FBN) STATEMENT - BPC CODE 17910, 17915, 17920
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 or
after any change in the facts (except for a change of residence address). The statement shall be filed with the clerk of the county in which the principal place of
business is located. If the principal place of business is outside the state, the statement shall be filed with the Clerk of Sacramento County.
INSTRUCTIONS FOR COMPLETING THE STATEMENT - BPC CODE 17913
1. Insert the fictitious business name. If you want to file more than one business name, use the clerk’s "Additional Names Information” form to list additional
names. Only those businesses op
erated at the same address and under the same ownership may be listed on one statement.
• The name cannot include Corporation, Corp., Incorporated, or Inc., unless the corporation is registered with the California Secretary of State.
• The name cannot include the initials LLC, LC or the words limited liability company (whether using the complete words or the abbreviations Ltd. Or Co.),
unless the registrant is a limited liability company registered with the California Secretary of State.
• The name cannot include limited partnership or LP, unless the registrant is a limited partnership registered with the California Secretary of State.
• The name cannot include registered limited liability partnership or RLLP, unless the registrant is a registered limited liability partnership registered with the
California Secretary of State.
• The name cannot include limited liability partnership or LLP, unless the registrant is a limited liability partnership registered with the California Secretary of
State.
• The name cannot include college or university, unless the registrant is authorized pursuant to Education Code 94050.
2.
Insert the street address of the principal place of business in this state. (Mailing addresses such as P.O. Box, private mailbox (PMB), postal drop box, mailing
suite, or c/o addresses are not acceptable). If the registrant has no place of business in this state, insert the street address of the principal place of
business outside this state; a statement must be filed with the Clerk of Sacramento County. Insert the mailing address, if applicable. A private mailbox address
(e.g., Mail Boxes Etc.) MUST include the letters PMB and box number following the street name.
3. List the name of EACH registrant (owner/partner) and their current residence address. Use the clerk's "Additional Names Information” form to list additional
names of registrants: Individual : Insert name (first, middle initial, last) and current residence address* of the individual. A Married Couple: Insert the name
(first, middle initial, last) and residence address of both parties to the marriage. Partnership, joint venture, or other association of persons: Insert name (first,
middle initial, last) and current residence address* of EACH general partner or person whose liability is substantially the same as that of a general partner.
Domestic Partners : Insert name (first, middle initial, last) and current address of EACH domestic partner. Corporation : Insert the name and address of the
corporation as set out in the articles of incorporation on file with the California Secretary of State and the state of incorporation. Limited Liability Company:
name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of
organization. Trust, enter the name (first, middle initial, last) and current residence *address of EACH trustee.
Note: System will only capture the middle initial in a name even if a complete middle name is submitted.
* (Mailing addresses such as P.O. Box, PMB, postal drop box, mailing suite, and c/o addresses are not acceptable).
4.
Indicate whichever best describes ownership of the business.
5. If the registrant(s) has/have already commenced to transact business under the fictitious business name, enter the date the business transactions began. If the
registrant(s) has/have not yet commenced to transact business under the fictitious business name, enter “Not Applicable”.
6. Individual: The individual must sign.
Married Couple: A party to the marriage must sign.
Domestic partners: One of the domestic partners.
Partnership, Joint Venture or other Association of persons: A general partner must sign.
Trust: A trustee must sign.
Corporation: A corporate officer must sign and indicate his/her title. (Signature of an agent or an assistant officer is not acceptable.)
Limited Liability Company: An officer or manager must sign and indicate his/her title. (Signature of an agent is not acceptable.)
REQUIREMENTS FOR PUBLISHING THE FICTITIOUS BUSINESS NAME (FBN) STATEMENT - BPC CODE 17917, 17920, 17924, GOV CODE 6064
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 fictitious business name statement is filed. 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 where the fictitious business name statement was filed 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.
EXPIRATION OF FICTITIOUS BUSINESS NAME STATEMENT - BPC CODE 17920
(a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in the
office of the county clerk.
(b) Except as provided in Section 17923, a fictitious business name statement expires 40 days after any change in the facts set forth in the statement pursuant
to Section 17913, except that a change in the residence address of an individual, general partner, or trustee does not cause the statement to expire.
(c) A fictitious business name statement expires when the registrant files a statement of abandonment of the fictitious business name described in the statement.
STATEMENT OF ABANDONMENT - BPC 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.
FILING FALSE STATEMENT - BPC CODE 17913(c)
The registrant shall declare that all of the information in the statement is true and correct. A registrant who declares as true any material matter pursuant to this
section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
PUBLIC RECORD – GOV CODE SECTIONS 6250-6277
All Fictitious Business Name Statements filed with the County Clerk are public record pursuant to the California Public Records Act
TRUSTEES, GUARDIANS, ADMINISTRATORS, ASSIGNEES AND PURCHASERS - BPC CODE 17919
Whenever failure to comply with this law would preclude taking legal action to recover monies due, a trustee in bankruptcy, an administrator of the estate, an
assignee, or purchaser of the business may file the fictitious business name statement.
