INSTRUCTIONS FOR FICTITIOUS BUSINESS NAME (FBN)
S
TA
TE
M
EN
T AND AFFIDAVIT OF IDENTITY
The form must be legible – no erasures or whiteouts. Strikeovers acceptable if accompanied with initials.
1.
IN PERSON: Registrants will be required to present a completed FBN statement, show a valid government issued identification, and complete an Affidavit of Identity
form.
2.
BY MAIL: Registrant will be required to submit a completed FBN statement, and notarized Affidavit of Identity form. The notarized section can be substituted with
a copy of government issued identification.
3. OTHER: Persons presenting FBN statement on behalf of the registrant must show a valid government issued identification and submit the complete notarized Affidavit
of Identity form. The notarized section can be substituted with a copy of registrant's government issued identification.
Business and Professions Code Section
17913
1. Where (1) appears in the form on the front side:
a. Insert the fictitious business name or names.
b. Only those businesses operated at the same address and under the same ownership may be listed on one statement.
2. Where (2) appear in the form on the front side:
a. If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state.
b. If the registrant has no place of bus
iness in this state, insert the street address, and county of his or her principal place of business outside this
state.
c. Mail Box and Post Office Box Numbers are not acceptable as a business address.
3. Where (3) appear in the form on the front side:
a. If the registrant is an individual, insert his or her full name and residence address.
b. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage.
c. If the registra
nt is a general partnership,
c
o -partnership, joint venture, limited liability partnership, or unincorporated association other
than a partnership, insert the full name and residence address of each general partner. Two or more names
must
be listed as the
registrants.
d. If the registrant is a limited partnership, insert the full name and residence address of each general partner.
e. If the registrant is a limited liability company, insert the 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.
f. If the registrant is a trust, insert t
he full name and residence address of each trustee.
g. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California
Secretary of State, and the state of incorporation.
h. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner.
4. Where (4) appear in the form on the front side:
a. Indicate which of the terms best describes the nature of the business.
5. Where (5) ap
pear in the form on the front side:
a. Insert the date on which the registrant first commenced to transact business under the Fictitious Business Name or names listed, if already
transacting business under that name or names.
b. If the registrant has not yet commenced to transact business under the Fictitious Business Name or names listed, mark the box “not applicable”.
Business and Professions Code Section 17914
1. The statement shall be signed as follows:
a. If the registrant is an individual, by the individual.
b. If the registr
ants are a married couple, by either party to the marriage.
c. If the registrant is a general partnership, limited partnership, limited liability partnership, copartnership, joint venture, or unincorporated
association other than a partnership, by a general partner.
d. If the registrant is a limited liability company, by a manager or officer.
e. If the registrant is a trust, by a trustee.
f. If the registrant is a corporation, by an officer.
g. If the registrant is a state or local registered domestic partnership, by one of the domestic partners.
Business and Professions Code Section 17915
The fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state or, if the
registrant has no place of business in this state, with the Clerk of Sacramento County. Nothing in this chapter shall preclude a person from filing a fictitious business name
statement in a county other than that where the principal place of business is located, as long as the requirements of this subdivision are also met.
Business and Professions Code Section 17917
Publication for Original, New Filings (renewal with change in facts from previous filing), or Refile
1. Within 30 days after a fictitious business name statement has been filed, the registrant shall cause it to be published in a newspaper of general circulation in the
county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a
newspaper of general circulation in an adjoining
county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.
The publication must be once a week for four successive weeks and 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.
2
. 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.
Business and Professions Code Section 17922
The statement expires upon filing and publication of a statement of Abandonment.
Business and Professions Code Section 17923
The statement does not expire if a withdrawing partner files and publishes a statement of withdrawal and all other facts remain as originally filed.
Business and Professions Code Section 17930
Any person who executes, files, or publishes any statement under this chapter, knowing that such statement is false, in whole or in part, shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000).
CC230 (Rev. 07/5/17)