Filing a Fictitious Business Name in California

A fictitious business name, also known as a DBA (doing business as), is a trade or assumed name that you use to conduct your business. It’s used to distinguish your business from another with a similar name. You may need to file an FBN when your company uses a name other than your legal name or suggests additional owners.

Fictitious business name laws are state-specific, so it is important to know your local requirements. In California, for example, businesses that operate under a fictitious name (also known as DBA or dba) must register it with the county clerk in order to avoid legal problems. These registrations also help consumers locate the company in case of complaints or problems with a product or service. They also make it easier for new businesses and start-ups to find out if the business names they want are available.

How to Register an FBN in California?

A fictitious business name (FBN) is a trade name used by an individual or company that is not the owner’s legal name. In California, a FBN must be registered with the county clerk. This process is often referred to as registering a DBA or “doing business as.” It is important for businesses to have a registered FBN because it gives the public information about the owner of the business. It also helps to prevent confusion or misunderstandings with other companies who may be using the same name.

Generally, an FBN must be filed when the business name does not include the owner’s surname or suggests the existence of additional owners (such as “and Company”, “and Sons”, or “Associates”). For example, Sandra Lopez’s Mexican Cantina would require an FBN.

Once the FBN has been filed, it must be published in a newspaper of general circulation in the county where the business is located. This publication must occur within 30 days of the filing date. The county clerk’s office can provide a list of recommended newspapers for this purpose.

The fee to file a fictitious business name statement varies by county. It is usually between $44 and $8 per business or owner added to the statement. FBN statements must be advertised in a newspaper once they are filed. Some case law states that the surname of a sole proprietor, alone or coupled with words that suggest additional owners, such as “and Sons” or “and Associates,” does not require an FBN to be registered. However, this is a very rare situation. Failure to file a DBA could result in civil or criminal fines and prevent you from being able to enforce contracts.