FICTITIOUS BUSINESS NAME STATEMENT: Filling a Fictitious Business Name

fictitious business name statement
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The fictitious business name statement is typically for everyone who owns a business and wants to have an identity. Although there are a lot of processes involved in getting this done, you can as well have knowledge about these processes, be it for a fictitious business name statement renewal, Monterey country, or a Sacramento fictitious business name statement. Let’s dive into the details! 

Fictitious Business Name Statement

A fictitious business name (FBN) Statement is a public document that aims to make the identity of anyone conducting business under the FBN visible to the general public. A “fictitious business name” (abbreviated “FBN”) is a business name that does not include the last name of each owner individually. It does not make it immediately clear who the partners are or what kind of business it is. As an illustration, using a name like:

  • EITHER “Louis and Micheal Sons” OR “Louis and Micheal Associates”

Even if you provide the owner’s surname, the terms that follow the surname imply other owners who are not officially named. Therefore, this necessitates the registration of a fictitious business name. But operating a company under a name like Patricia Roy Bakery would not necessitate the registration of a fictitious business name because the owner, Patricia Roy, is operating under her legal identity.

Who May Submit a Fictitious Business Name Statement

Individuals using a false name to do profitable business (does not include a surname in the company name). The statement must be filed in the county of the business’s major location. However, it may also be filed in other counties if the conditions for filing in that county have been satisfied. It is not necessary for non-profit corporations, associations, or groups to submit a fictitious business name statement.

Person-to-Person Meeting for Both Renewal and New Fictitious Business Name Statement

You can book appointments up to two (2) weeks in advance. Then, you must finish the Online Business Filing and Registration System before scheduling an appointment. You can schedule an appointment after submitting the application and receiving your confirmation number. A fictitious business name statement cannot be filed until all conditions are satisfied:

  • Owner needs to sign
  • Officer of the corporation
  • If it is a limited liability firm, the manager or officer
  • (Treasurer if a trust; general partner if a partnership)
  • The county and the street address of the primary place of business must be given
  • Limited liability businesses and corporations must have their address listed in their articles of incorporation. These are kept on file with the Secretary of State and the state where they were formed.
  • All owners must be listed, along with their home addresses
  • A Notarized Affidavit of Identity form is required for every Fictitious Business Name Statement under Senate Bill 1467. (Original, Refile, and New)
  • The County shall determine whether the registrant is a corporation, limited liability company, limited partnership, or limited liability partnership. No other state documentation will be acceptable. This is because, the Country Clerk will need a print-out from the California Secretary of State, attesting to the existence and good standing of that business entity
  • In Los Angeles County, a filed copy of the statement must appear once a week for four consecutive weeks in an adjudicated publication
  • According to Business & Professions Code 17917, a publication must start 30 days after a fictitious business name statement has been submitted

 Fictitious Business Name Statement Renewal

The five-year expiration date of a fictitious business name statement is the day it is submitted to the County Clerk. A renewal of a fictitious business name statement must be submitted before the expiration date if you intend to continue conducting business under that name and if there are no modifications from the original, a renewal of a fictitious business name statement must be submitted before the expiration date.

It’s quick and simple to renew; just fill out the application online, mail it in, or schedule an appointment. There is a fee required for your fictitious business name statement for renewal. There is a $5 fee for each additional business name/registrant, in addition to the $26 filing price for renewals. It is not necessary for you to publish your renewal in a newspaper with wide distribution.

No other state documentation will be accepted by the County Clerk. This is if you are renewing as a corporation, limited liability company, limited partnership, or limited liability partnership. A print-out issued by the California Secretary of State confirming the current existence and good standing of that business entity is required.

Fictitious Business Name Statement Renewal in Other States

In California, if facts in the statement change, the filing is still valid for five years, whichever comes first. Typically, a fake business name declaration needs to be submitted within 40 days of the business’s launch. The county or city may need multiple copies of the statement to be filed in addition to the original. 

It typically differs in different cities and states. Let’s look at the renewal for San Diego. The information on your tax accounts must match the registration of your fictitious business name. This will be with the Treasurer and Tax Collector. You must obtain a Temporary Verification of Registration (TVR) from the Office of the Treasurer and Tax Collector. Available at City Hall Room 140, 1 Dr. Carlton B. Then Goodlett Place, San Francisco, CA 94102, if you registered or updated your account within 3 business days of filing a Fictitious Business Name application.

STEP 1

Finish the application for a fictitious business name. Whether you are resubmitting a statement or submitting it for the first time, you must use the same form.

Step 2

This step involves you confirming that the data on your current Business Registration Certificate matches that on the Statement of Fictitious Business Name.

STEP 3

Submit the completed Fictitious Business Name (FBN) form if you’re filing in person. No matter if it is a “First Filing” or a “Refiling,” the same fees are due (fees are indicated at the top left of the FBN form). Cash, preprinted checks, money orders, as well as debit and credit cards, are all acceptable methods of payment.

STEP 4

You must decide whether you must adhere to the publication rules.

 Fictitious Business Name Monterey Country

For a fictitious business name in Monterey County, A business name that does not include the last name of the individual owner, or each partner as well as does not immediately convey the nature of the business, is not acceptable. If you want to file personally, take these steps on the official page of the agency. They include:

  • Click Fictitious Business Name: What Is It? for a definition of one as well as information on who must file a Fictitious Business Name statement.
  • Click search in person: for the details on how to search the Index of Fictitious Business Names to find out if a specific firm name is currently registered or the identity of the owner or owners of a specific business.
  • It is possible to file a fictitious business name by mail or in person, but due to the importance of this document, we strongly advise filing in person.
  • Click file by mail for instructions on how to submit a fictitious business name by mail if you are unable to appear in person

To Submit a Personal Fictitious Business Name Monterey Country

Step 1

To make sure the name you want to file is not already registered, check the “Index of Fictitious Business Names” at the County Clerk’s office.

Step 2

You could finish the application online and send it straight to the county clerk’s office. Within two weeks, you must complete the process in person at the County Clerk’s Office with a legitimate picture ID, otherwise, the request will be canceled.

OR

Step 1

You can submit your application on the kiosk by visiting the County Clerk’s office with a legitimate picture ID and completing the process there. Please enclose a copy of the articles of incorporation/association when submitting a fictitious business name on behalf of a corporation or LLC. At the time of filing, please be prepared to provide your identification.

On one schedule, you can find the cost of registering a fictitious business name. We always advise conducting a registry search or submitting a fictitious business name statement in person at our office. If you are unable to visit the County Clerk’s office, you can still mail a request for a file search of a fictitious business name statement.

Click file by letter for details on how to send a written request for a search of the Fictitious Business Name Index. We always advise conducting a search of the Registry of Fictitious Business Names before submitting a fictitious business name statement. The following are the copy fees:

  • $2 for each page of plain copy
  • Each certified copy costs $2.00

The Sacramento Fictitious Business Name Statement

The County’s Business License Statement Unit is where Sacramento County Fictitious Business Name Statements are filed. Most people ask the question, “In Sacramento County, how do I register a fictitious business name?” The simple answer is that you can file it electronically or in person. Save the form and instructions on your computer, then mail them to us along with the required payment (made payable to Sacramento County). You can fill out the form at their office or request to have one delivered to you by calling the Business License Unit at (916) 874-6644.

They will hand-deliver your completed statement to the Sacramento County Clerk’s Department of Finance for filing as soon as they get it. Then, we will mail you a filed copy for your records after the filing is finished. We will personally deliver your proof-of-publication to the Sacramento County Clerk-Department of Finance upon the completion of the four-time publishing. They will also mail you a duplicate copy that has been signed and sealed by the Sacramento County Clerk for your convenience.

If a Fictitious Business Name Statement has already been submitted and you need the form to be published:

  • Send The Sacramento Gazette a copy of your filed Fictitious Business Name Statement. Together with your money to PO Box 816, Sacramento, CA 95812-0816

They will personally deliver your proof-of-publication to the Sacramento County Clerk-Department of Finance upon the completion of the four-time publishing. Then, they will also mail you a duplicate copy that has been signed and sealed by the Sacramento County Clerk for your convenience. Only $104.95 is required for the entire publication charge, plus $5 for each additional business name and/or owner. Make your check or money order payable to “The Sacramento Gazette.” 

Conclusion

This post gave you detailed steps and details on how to get a fictitious business name statement for your business, as well as steps for fictitious renewal purposes, for Monterey country, and for Sacramento. If you have a business and have been confused about the steps to follow to get identity from the FBN, you are already a step close with this post guide.

FAQs

What does a fictitious business name statement mean?

A Fictitious Business Name (FBN) Statement is a public record intended to make available to the public the identities of persons doing business under the FBN.

What is a fictitious business name California?

A Fictitious Business Name (“FBN”) is a business name that DOES NOT include the surname of the individual owner and EACH of the partners or the nature of the business is not clearly evident by the name.

Do I need a DBA for my LLC?

No, you do not need a DBA for an LLC. This is because when you register an LLC, you’ll also register your company name eliminating the need for a DBA. However, in some instances, you may use a DBA for your LLC to expand your business and operate part of it under a name other than your original business name

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