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Santa Cruz County ClerkFictitious Business NamesFrequently Asked Questions |
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What is a Fictitious Business Name?The definition of a fictitious business name is a 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. For example doing business under a name like Eisenberg & Yandall Associates or Eisenberg & Yandall Sons would require a Fictitious Business Name be registered, even though the surname of the owner is stated, the words following the surname suggest other owners that are not specifically named. However, doing business under a name like: Teresa Fiske Plumbing would not require a Fictitious Business Name be registered because the owner (Teresa Fiske) is conducting business under her legal name and the nature of the business is described. In the case of a corporation, a Fictitious Business name is any name other than the exact corporate name as stated in the articles of incorporation. When is a Fictitious Business Name Required?Any person who regularly transacts business for profit, under a Fictitious Business Name, in the County of Santa Cruz is required to file a Fictitious Business Name Statement with the County Clerk, within 40 days of first transacting business. Although registration of a Fictitious Business Name is required, this office serves only as the central depository of these names, neither approving or disapproving a particular name and cannot accept any responsibility for any omissions, similarities, or duplications among the Fictitious Business Names on file. Fictitious Business Names are filed only in the county where the business is located. State-wide registries do not exist. All prospective registrants are cautioned that registration of Fictitious Name does not guarantee exclusive use of that name. For information on how to file a Fictitious Business Name Statement, Click Here How do I Search for Fictitious Business NamesWe always recommend that you search the Registry of Fictitious Business Names in person before filing a Fictitious Business Name Statement. If you are unable to come to the Recorder/Clerk's Office, you may request a search by mail or e-mail. Therefore, the four ways to search for Fictitious Business Names are:
What Do I do With the Form? |
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