FAQ
What is a Fictitious Business Name?
If the business is owned by an individual(s), a Fictitious
Business Name is one that does not include the last name of
the individual or a name that suggests the existence of
additional owners (such as "Company", "and Company", "and
Sons", "Associates", etc.).
Examples:
- "Joyce Smith Catering" is not a Fictitious Business Name.
- "Joyce's Catering" is a Fictitious Business Name.
- "Smith and Company Catering" is a Fictitious Business Name.
If the business is owned by a corporation, limited liability
company or limited partnership, a Fictitious Business Name is
one that is different than the name of the corporation,
limited liability company or limited partnership as is on
record with the Secretary of State's Office.
Why are Fictitious Business Names filed?
One of the primary purposes of the Fictitious Business Name
regulation is to establish a legal connection between the
owner and the business name. A court would not allow
"Joyce's Catering" to sue, or to be sued, without knowing
who "Joyce" actually was. Banks often insist on a copy of
the Fictitious Business Name Statement before opening a
commercial account to satisfy themselves that Joyce Smith
has a right to deposit checks written to "Joyce's Catering."
Please note that filing a Fictitious Business Name
Statement does NOT "trademark" the name or guarantee
exclusive use of the name - it simply establishes a legal
connection between the name and the business owner.
How can I trademark my name?
A trademark is a specialized filing through the California
Secretary of State's office. You may reach them at (916)
657-5448, or at www.ss.ca.gov.
Does it matter if another business has the same name?
We will file any properly completed Fictitious Business Name
Statement. We do not check to see if the name is already on
file, nor do we prevent someone from filing a duplicate
name. Thus, there may be more than one person(s) with the
same fictitious business name. However, Business and
Professions Code §14411 states, "The filing of any fictitious
business name statement... shall establish a rebuttable
presumption that the registrant has the exclusive right to
use as a trade name the fictitious name, as well as any
confusingly similar trade name, in the county in which the
statement is filed, if the registrant is the first to file
such a statement." Enforcement of this is up to the
business, not the County.
Is there a Statewide or national registry of Fictitious Business Names?
No, California law requires that Fictitious Business Names are filed at
the County level, and there is no State-wide registry or national registry.
What if I don't have a location in California but occasionally do business there?
The law requires filing a Fictitious Business Name Statement with Sacramento County if the principal place of business is out of state and there's no office or store in California.
If my business is operated out of state but I have a small office or store in California, where do I need to file my Fictitious Business Name Statement?
The statement should be filed in the County where the office or store is located.
Is a separate Fictitious Business Name Statement required for each office or store location?
You only need to file where the principal place of business is
located (meaning your main office or headquarters.) If the
principal place of business is outside of California, check with
your state for their requirements. You will need to designate one
office or store location in California and should file in the County
where that office or store is located to satisfy the filing
requirements for this state.
How can I find out if someone already has a Fictitious Business Name I'm considering?
Click here to perform an e-FBN Online Search
, or you can call our office at (916) 874-6644 and we'll look up a
few names for you. Due to staffing constraints we will only
research two or three names over the telephone.
You can come to our office at 700 H Street, Room 1710, between 8:00 a.m.
and 5:00 p.m., Monday through Friday and look up records using computers
available for public use.
Can you tell me if my chosen name is too similar to another?
No, our office cannot give legal advice, and a determination as to whether one name is similar to another would be considered legal advice.
How and where do I file a Fictitious Business Name Statement
in Sacramento County?
Sacramento County processes its Fictitious Business Name Statement filings
in the Business License Unit of the Department of Finance, 700 H Street,
Room 1710, Sacramento, CA 95814.
You can file in person or by mail. You can download the form
and instructions and mail the form to us with the appropriate fee
made payable to Sacramento County, you can call the Business License Unit
at (916) 874-6644 and request that a form be mailed to you, or you can
complete the form in our office.
If you file by mail, please remember:
- Read and follow the instructions on the back of the form (or the separate
Instructions page if downloaded from our Web page). If the
form is not properly completed, it will be returned to you.
- Note and include the correct filing fees. Make checks payable to Sacramento County.
- Return all copies of the Fictitious Business Name Statement to the above address for filing and endorsement.
- Include a self-addressed, stamped envelope so that we can return the endorsed copies to you.
- Upon receipt of your endorsed copies, publish the Fictitious Business
Name Statement as instructed on the back of the form (or the separate
Instructions sheet if downloaded from our Web page).
Some tips to properly completing the Statement include:
- Both the business address in Section 1 and the owner address in Section 3 must list street addresses. Post Office boxes, postal mailboxes or mail service addresses are not acceptable.
- In Section 3, if the registrant (owner) is a corporation or limited liability company (LLC), enter the name of the corporation or LLC, the state of incorporation, and the street address of the corporation or LLC.
- The information shown in Sections 3 and 4 must correspond. In other words, if you select "Corporation" in Section 4, you should enter the name and address of the corporation and the state of incorporation in Section 3, not the name and address of the individual completing the form or representing the corporation.
- In Section 5, do NOT indicate a future date. If business has not begun, enter "N/A" on the second line.
- The registrant (owner) shown in Section 3 must sign in Section 6. If the registrant is a corporation or limited liability company, a corporate officer must sign and his/her name and title must be printed legibly below his/her signature.
Who can sign a Fictitious Business Name Statement and other related forms?
A Fictitious Business Name Statement and Statement of
Abandonment must be signed by an owner or partner listed on
the Statement or recognized officer of a corporation or
limited liability company. It cannot be signed by employees
or agents. A Statement of Withdrawal from Partnership must
be signed by the partner being removed from the Statement.
Do Fictitious Business Name Statements have to include the residential address(es) of the owner(s)?
Yes, State law requires the residential address of the
registrant(s). Post office boxes, postal mailboxes, or mail
service addresses are not allowed. Also, post office boxes,
postal mailboxes or mail service addresses are not allowed
as the business address.
Do I have to publish the Fictitious Business Name Statement after it's been filed in your office?
Yes, within 30 days from the date of filing a Fictitious
Business Name Statement or a Statement of Abandonment or
Statement of Withdrawal from Partnership (unless a Notice of
Dissolution of Partnership has been published pursuant to
Section 15035.5 of the Corporations Code), you must start
publishing in a newspaper of general circulation in the
county in which the fictitious business name was filed.
The publication runs once a week for four consecutive weeks.
Newspapers offer the publication process as a package
and most newspapers also return a copy of the publication to
our office. We cannot advise you on a choice of newspapers.
What happens if a Fictitious Business Name Statement (or Statement of Abandonment or Statement of Withdrawal from Partnership) is not published?
One of the primary purposes of the Fictitious Business Name
regulation is to establish your legal rights under the name.
If you do not complete the publication process, your rights are not protected.
How can I fix a mistake I made when I filed my Fictitious Business Name Statement?
Unfortunately, no changes may be made to a Fictitious
Business Name Statement once it is filed. You must file a
new Statement. You will also need to publish the new
Statement.
Can I add a new business name or change the existing name or business address on my Fictitious Business Name Statement?
No. You must file a new Statement. You will also need to publish the new Statement.
How can a general partner be removed from an existing Fictitious Business Name Statement?
The general partner being removed may file a Statement of
Withdrawal from Partnership Operating Under Fictitious
Business Name form, pay the appropriate fee, and publish the
form unless a Notice of Dissolution of Partnership has been
published pursuant to Section 15035.5 of the Corporations
Code.
Can I add or change a partner on my existing Fictitious Business Name Statement?
No. You would need to file and publish a new Statement.
Does a Fictitious Business Name expire?
Yes, the Fictitious Business Name Statement expires five
years from the date of filing, unless it is abandoned sooner
than that date. The statement also is considered expired if
the business address or ownership changes before the fifth
year.
What should I do if I am no longer doing business under my filed Fictitious Business Name?
The law requires that you file a Statement of Abandonment of Use of Fictitious Business Name form, pay the
appropriate fee, and then publish the form.
What are the costs/fees for filing Fictitious Business
Name forms?
| Fictitious Business Name Statement (one business name,
sole ownership) |
$25 |
| Each additional Business Name (on same Statement) |
$ 5 |
| Each additional Owner Name (on same Statement) |
$ 5 |
| Statement of Withdrawal from Partnership |
$ 10 |
| Statement of Abandonment of Business Name |
$ 10 |
Checks should be made payable to Sacramento County.
Publication costs vary from newspaper to newspaper. Please contact the newspaper directly to determine their charges.
How can I tell if this company is still in business?
The presence of an unexpired Fictitious Business Name is not
an indication the company is still in business. It merely
indicates that on the date of filing, someone intended to
operate a business under that name.
How can I find the owner's name, address and telephone number?
The owner's name and address is part of the Fictitious Business Name filing
and is public record. You can find the owner's name by using our
e-FBN Online Search
. For address information, please contact our office directly, at (916) 874-6644,
visit us at 700 H Street, Room 1710, Sacramento, or send an email request to
Buslicense@saccounty.net
. Due to staffing constraints we will only research two or three names
over the telephone.
The owner's telephone number is not part of the required filing information.
Is a Fictitious Business Name the same as an agent of service?
No, a Fictitious Business Name Statement does not necessarily
provide the agent of service. A corporation must file the
name of its agent of service with the California Secretary of
State. You may reach them at (916) 657-5448, or at
www.ss.ca.gov.
What does it mean if the business name is not filed here?
The fact that a name is not in our database can mean several things. It
may simply mean that the company is doing business with an unregistered
name, or that it is registered in another county, or that it is registered
with the Secretary of State's
Office as a corporation, limited liability company or limited partnership,
or has the name Trademarked with the Secretary of State’s Office,
and thus does not need to file a Fictitious Business Name Statement.
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