Free Fictitious Business Name Statement Form in PDF

Instructions on Writing Fictitious Business Name Statement

Filing a Fictitious Business Name Statement is a crucial step in legitimizing your business and protecting your business name. It's not just about compliance; it's about establishing your brand's identity within the legal and business community. Navigating through the form may seem daunting, but with clear, step-by-step instructions, the process becomes straightforward. Remember, accuracy is key. Incorrect or incomplete forms can delay your registration, so take the time to review all details before submission. Following these steps will ensure that your form is completed correctly and efficiently.

1. Enter the street address, city, state, and zip code of the principal place of business in California in the first section. Remember, P.O. Boxes or PMB addresses are not accepted.
2. In the second section, provide the fictitious business name or names you wish to file. If you are filing more than two names, attach an additional sheet with the extra names.
3. Section three requires the full name and complete residence address of each business owner. If there are more than two owners or if the business is a Corporation/LLC, provide the required details as specified, including the address as registered with the Secretary of State. Note: P.O. Box or PMB addresses are not acceptable here either.
4. Select the type of business ownership from the options provided in section four. This could be an individual, a general partnership, limited partnership, and so on.
5. Input the date you began or plan to begin using the business name in section five. If the business has not started, write “N/A”. Also, describe the type of business activities.
6. Sign the form to declare all provided information is true and correct. A wet/original signature is required. Print your name, provide your phone number and, if applicable, fill in the corporation, LLC, LP, or LLP information including the officer title of the signer.

After completing the form, review all sections for accuracy. Remember to include a self-addressed stamped envelope if you are filing by mail. This envelope will be used to return your endorsed copies. It's essential to follow all instructions carefully, as any errors or omissions can result in delays or the rejection of your application. Upon successful submission, understand the need for publishing your fictitious business name in a newspaper and the associated deadlines. This is not just a formality but a legal requirement to cement your business name in public and legal records, paving the way for a successful business venture.

What is a Fictitious Business Name Statement and why do I need to file one?

A Fictitious Business Name Statement is a document that registers the name of a business that is different from the owner's legal name. It's required for individuals or entities planning to conduct business under a name that does not include their surname or suggests additional owners. This process is also known as "doing business as" (DBA). Filing this statement is necessary for consumer protection, allowing consumers to identify the real owner of a business.

How much does it cost to file a Fictitious Business Name Statement in Sacramento County?

The initial filing fee for the first business name and owner is $44.00. For each additional business name listed on the same statement, there is an $8.00 fee. Similarly, an $8.00 fee applies for each additional business owner added to the statement. Payments should be made payable to Sacramento County.

Can I use a P.O. Box as my business or residence address on the form?

No, P.O. Boxes or postal drop boxes, mailing suites, and c/o addresses are not acceptable for either the business or residence address on the form. A street address must be provided for both the principal place of business and the residence address of each business owner.

Who needs to sign the Fictitious Business Name Statement?

If the business is owned by an individual, the statement must be signed by that individual. In cases of a partnership or other association, a general partner must sign. For a trust, a trustee is required to sign. If the entity is a corporation or a limited liability company (LLC), an officer (with title indicated) or a manager must sign. The signature of an agent is not acceptable.

What happens if the information on the Fictitious Business Name Statement changes?

If any change occurs in the facts set forth in the statement, such as a change in business activities or ownership, the Fictitious Business Name Statement expires 40 days after that change, with a few exceptions. A change in the residence address of a registered owner or a withdrawal from partnership does not cause the statement to expire. A new statement must be filed within 40 days after any changes.

How long is the Fictitious Business Name Statement valid?

The statement generally expires five years from the date it was filed with the County Clerk, unless a change in the information provided occurs earlier, at which point it expires 40 days after the change. It is essential to file a new statement before the expiration to continue using the fictitious business name legally.

Is publication of the Fictitious Business Name Statement required?

Yes, within 30 days after the statement has been filed, it must be published in a newspaper of general circulation in the county where the fictitious business name was filed. Publication should occur once a week for four consecutive weeks. An affidavit of publication must be filed with the county clerk within 30 days after the completion of the publication.

What if I have not yet begun conducting business under the fictitious name?

If the business has not commenced by the time of filing, the section regarding the date the registrant began or expects to begin using the business name(s) should indicate "N/A". It is important to file the statement before conducting any business under the fictitious name.

What are the consequences of knowingly filing a false statement?

Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor. Upon conviction, they can be fined not more than one thousand dollars ($1,000.00).

One of the common errors made when filling out the Fictitious Business Name Statement form is the misuse of addresses. Applicants often mistakenly use P.O. Boxes or private mailbox (PMB) addresses for their principal place of business or their residence. This form requires physical street addresses for both to ensure transparency and accountability, as specified in the instructions. It's vital to remember that the purpose behind these requirements is to provide clear, accessible information about the business location and the business owner's residence for public record.

Another frequent mistake involves the naming of the business. The form explicitly asks for the fictitious business name(s) to be filed, as defined by Section 17900 B & P Code. However, individuals sometimes include their surname when it's not part of the fictitious name or they fail to list all the names under which their business will operate if using more than one. The significance of accurately listing all fictitious names cannot be understated; it ensures that each name is legally secured and prevents others from registering the same or a confusingly similar name in the county.

A crucial aspect that is often overlooked is the proper identification of the business structure and the corresponding signatory requirement. The form delineates various business structures—such as individual, partnership, trust, corporation—and specifies who must sign the form. Errors occur when, for instance, a partnership fails to have a general partner sign or a corporation neglects to include the officer's title next to their signature, both of which could result in the rejection of the filing. This step is not merely procedural; it attributes responsibility and authority to the signatory on behalf of the business.

Regarding the section that requires the date the business began using the name, ambiguity often leads to incorrect entries. Applicants sometimes write an approximate date if they haven't started their business yet, rather than inserting "N/A" as instructed. This misstep not only introduces inaccuracies into public records but may also affect the legal standing or perceived legitimacy of the business in future dealings or litigation.

The type of business activities is another area where inaccuracies are common. Descriptions are either too vague or overly detailed, neither of which is helpful. The intent behind this requirement is to provide a clear, concise description of what the business does, which assists in categorizing the business for regulatory, tax, and statistical purposes.

Error often creeps in when additional names or owners need to be listed, and the appropriate additional sheets are not attached. This oversight can limit the legal protection of those names or expose owners to liability issues. Every name and owner involved with the business needs to be declared for the record to ensure full compliance and protection under the law.

Another significant oversight is not providing a self-addressed, stamped envelope when filing by mail. While this may seem trivial, failing to do so delays the processing and return of endorsed copies, which can be crucial for meeting publication deadlines—a requirement that, if missed, can invalidate the filing.

A critical but often overlooked requirement is the adherence to publication rules following the filing. New applicants sometimes neglect to arrange for the publication of their fictitious business name statement in a newspaper of general circulation, or they fail to file an affidavit of publication with the county clerk. This step is essential for the statement’s validity and serves as a public announcement of the business name under which the applicant intends to operate.

Finally, applicants frequently misunderstand the statement's expiration terms, either by assuming automatic renewal or by neglecting to refile following significant changes to their business. The form clearly states the conditions under which the statement expires and outlines the necessity of refiling to maintain the use of the fictitious business name. Staying vigilant about these terms is key to ensuring uninterrupted legal use of the name.

When entrepreneurs decide to launch or expand their businesses under a name that is not their own, they often begin with the Fictitious Business Name Statement form. This pivotal document is just the starting point, as running a business involves much more than a name. Several other forms and documents typically accompany the Fictitious Business Name Statement to comply with legal requirements, support operations, and protect the business owner's interests. Understanding these documents is crucial for maintaining a firm legal foundation for any business endeavor.

• Business License Application: To legally operate a business in most cities or counties, owners must obtain a business license. This document signifies compliance with local business operation and safety regulations.
• Seller’s Permit: For businesses that intend to sell goods or offer taxable services, obtaining a Seller’s Permit from the state’s department of revenue is necessary. This permit allows the collection of sales tax on transactions.
• Employer Identification Number (EIN) Application: Issued by the IRS, the EIN is essentially a social security number for a business. It is required for hiring employees, opening business bank accounts, and filing taxes.
• Home Occupation Permit: For businesses operated out of a home, this permit ensures that the business activity does not disrupt the residential nature of the neighborhood. It addresses issues like customer traffic, noise, and business hours.
• Zoning Clearance: Before commencing operations, a business must ensure its location is zoned for the type of business activity planned. Zoning clearances verify this compliance, preventing legal issues related to land use.
• Articles of Incorporation/Organization: For businesses structured as corporations or Limited Liability Companies (LLCs), filing these documents with the state is essential. They establish the legal existence of the corporation or LLC, outline its structure, and protect owners' personal assets from business liabilities.

While the journey of starting and running a business can be complex, each form and document plays a critical role in laying a solid foundation for success. Beyond the name, they ensure legal compliance, operational efficiency, and financial protection. Business owners are encouraged to familiarize themselves with these documents and seek guidance when needed to navigate the process effectively.

The Articles of Incorporation form, often used by corporations, bears similarity to the Fictitious Business Name Statement form primarily because both documents are pivotal in establishing a legal entity's right to operate under a particular name. However, while the Fictitious Business Name Statement is used by individuals or entities choosing to do business under a name other than their legal name, the Articles of Incorporation is specifically for corporations establishing their legal name at the time of incorporation. Both serve to legally register the business’s name, but the Articles of Incorporation also include details about the corporation's structure, purpose, and compliance with state laws.

Another comparable document is the DBA (Doing Business As) Certificate, which, much like the Fictitious Business Name Statement, is used by businesses to officially register a trade name under which they operate that differs from their official legal name. This similarity lies in their function of allowing businesses to transact under a name different from their owner's name or the entity’s registered name, providing legal protection for the name and ensuring transparency for consumers. However, while DBA registration is a broader term that can apply across different jurisdictions, a Fictitious Business Name Statement is specific to certain areas, like counties in California.

The Limited Liability Company (LLC) Operating Agreement, while more focused on the internal operations of an LLC, shares commonalities with the Fictitious Business Name Statement in that it may also declare the trade name under which the LLC will do business. Unlike the Fictitious Business Name Statement, which is filed with county or state authorities as a public declaration of operating under a fictitious name, an LLC Operating Agreement is an internal document that outlines the company's financial and functional decisions including rules, regulations, and provisions. The trade name specified in an LLC Operating Agreement should correspond with any fictitious name registration the LLC has filed.

The Trademark Registration Application, though distinct in its primary purpose of protecting brand names, logos, and slogans, parallels the Fictitious Business Name Statement in the sense that both involve the official recording of a name to secure certain legal rights. While the Fictitious Business Name Statement registers a business's name for public record and legitimizes its use in commerce within a specific locality, a Trademark Registration protects the business’s branding on a state and/or federal level preventing others from using a confusingly similar name in commerce. This higher level of protection serves to preserve the brand identity and integrity of a business across a wider market.

When filling out the Fictitious Business Name Statement form, there are essential steps to follow and common pitfalls to avoid. Paying attention to these can save time and ensure the process goes smoothly.

Things You Should Do

1. Ensure all information is legible and typed or printed clearly to avoid any misunderstandings or processing delays.
2. Provide the complete street address of the principal place of business as P.O. Boxes or PMBs are not acceptable.
3. Include the full name and complete residence address of each business owner. If the business is a Corporation/LLC, provide the official name and address as registered.
4. Remember to sign the form with an original/wet signature and print your name, phone number, and, if applicable, your title and corporation/LLC name.

Things You Shouldn't Do

• Do not leave any required fields blank. If a section does not apply to you, insert “N/A” to indicate this.
• Avoid using P.O. Boxes or PMBs for the business or residence addresses as these are not acceptable.
• Do not forget to include the filing fee for the first business name and owner on the statement, as well as for each additional name or owner.
• Refrain from providing false information. Filing a statement knowing it contains false information, in whole or in part, is a misdemeanor and can lead to fines.

There are many misconceptions surrounding the Fictitious Business Name Statement form, often leading to confusion among business owners. Below are ten common misconceptions explained:

• It grants exclusive rights to the business name. Filing a Fictitious Business Name Statement does not give you exclusive rights to the name. It simply registers the name with the county for public record purposes.
• It's a business license. This statement is not a business license. You must obtain a separate business license to legally operate your business in most jurisdictions.
• You don't need it if you use your own name. If you’re doing business under a name that doesn’t include your surname or implies additional owners (such as “and Sons”), you'll still need to file this statement.
• One filing is valid in all states. This statement only registers the fictitious name in the county where it's filed. If you conduct business in other states, you might need to file in those states as well.
• A post office box is an acceptable address. For the principal place of business, a physical street address is required. P.O. Boxes are not acceptable for the business or residence address on this form.
• Online businesses are exempt. Even if your business is solely conducted online, if you operate under a fictitious name, you are required to file this statement in the county where your business is based.
• It protects the business name from being used by others. Filing this statement does not protect your business name from use by others. You may need to look into trademark protection for that level of protection.
• You only need to file it once. The statement generally expires five years after the date it’s filed, unless changes occur that require an earlier update. You must refile before it expires to continue using the name.
• It's a complicated process. While it does require accurate information, the process to file a Fictitious Business Name Statement is straightforward. Instructions are provided, and it's a matter of filling out the form correctly and submitting it with the filing fee.
• Attorney assistance is required. While legal advice can be valuable, especially in complex situations, filing a Fictitious Business Name Statement does not necessarily require an attorney. Many business owners complete the process on their own by following the given instructions.

Here are nine key takeaways to consider when filling out and using the Fictitious Business Name Statement form:

• The filing fee for the first business name and owner on the statement is $44.00. Each additional business name or owner on the same statement incurs an $8.00 fee each.
• Legal business names or fictitious business names must be clearly typed or printed on the form to ensure legibility, as all submitted information becomes public record.
• The principal place of business address must be a street address within the state of California; P.O. Boxes or PMB (Private Mailbox) addresses are not acceptable.
• For individuals, full legal names and complete residential addresses are required; for corporations or LLCs, the entity's name and address as registered with the Secretary of State must be provided.
• Business owners need to specify the business structure (e.g., individual, general partnership, corporation) on the form.
• The start date of using the business name or the expected start date should be included. If business has not started, "N/A" is acceptable.
• Details about the type of business or activities conducted must be described in the form.
• A fictitious business name statement generally expires five years after the filing date, unless changes necessitate an earlier update. A new statement must be filed before the current one expires.
• Within 30 days of filing the fictitious business name statement with the County Clerk, it must be published in a newspaper of general circulation in the county where filed. This publication must run once a week for four successive weeks, and an affidavit of publication must be submitted to the county clerk within 30 days after the completion of the publication cycle.

It is important that all information provided on the Fictitious Business Name Statement is accurate and truthful, as intentionally filing a false statement can result in misdemeanor charges.