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What is a Fictitious Business Name (FBN)?
- In the case of an individual - a name that does not include the owner(s) surname or suggests the existence of additional owners, such as Sons; Associates; Brothers; Company.
- In the case of a partnership or other association of person - a name that does not include the surname of each general partner or a name that suggests the existence of additional owners.
- In the case of a corporation - any name other than the corporate name stated in its articles of incorporation.
- In the case of a limited partnership - any name other than the name of the limited partnership as on file with the Secretary of State.
- In the case of a limited liability company - any name other than the name of the LLC as on file with the Secretary of State.
Why do I need to file a Fictitious Business Name? The law bars a person conducting business under a fictitious business name, contrary to the requirements, from maintaining any action in any court in the State of California until the fictitious name has been executed, filed and published.
How do I file? Applications are available in both the Atascadero and San Luis Obispo office. They are also available at your local newspaper.
Fees: $35.00 - for one business name and up to 2 registrants. $ 5.00 - for each additional business name and/or additional owner(s). $35.00 - Abandonment of an FBN. $35.00 - Withdrawal from Partnership operating under FBN.
- Must be published in a newspaper of general circulation, once a week for four consecutive weeks, with the first publication occurring within 30 days of the filing date.
- Be sure you deliver your FBN to the newspaper as soon as possible as it can take the newspapers up to two weeks to run your publication.
- If you do not begin publication within 30 days of the filing date, a new FBN must be filed and published.
- Expires 5 years from the date of filing or 40 days after any change in facts of the statement - except any change to a residential address for any registrant.
- You will not receive a notice that your FBN is going to expire. It is up to you to renew it. If you renew within 40 days from the expiration date and the information has not changed, you will not have to publish your renewal application.
- If you renew your FBN prior to expiration, and all the information is the same, you will not have to publish the renewal.
Please click here for an informative site on business permits - www.calgold.ca.gov
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