WHAT IS A FICTITIOUS BUSINESS NAME?

The definition of a fictitious business name is a business name that does not include the surname (last name) of the individual owner or of each of the partner(s)’ surname(s), or a business name that implies the existence of additional owners.

For example, doing business under a name like Brown, Jones & Associates or Smith, Lopez & Sons would require a Fictitious Business Name be registered, even though the surname of the owner is stated, as the words following the surname suggest additional owners who 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 no additional owners are implied.

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.

The legislation pertaining to Fictitious Business Names was not intended to eliminate duplication or similarity of Fictitious Business Names. The County Clerk has no authority to not file on grounds that the same or similar name is already on file. It is recommended that you check the County Clerk's computer index to insure that the Fictitious Business Name you have chosen has not already been registered.

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 nor 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. Statewide registries do not exist. Corporations do not file, unless doing business under a name other than the corporate name as listed on the Articles of Incorporation. There is no requirement for a non-profit corporation or association to file a Fictitious Business Name Statement (B&P Code Section 17911).

The Business and Professions Code §17928 authorizes the County Clerk to sell FBN filings to anyone upon request. For a list of who purchases this data, please contact the County Clerk.

It is your responsibility to make sure that all information on the Application Form is correct and readable. Any error made on this document renders the filing invalid. If the filing is considered invalid, you must re-file and re-publish, in addition all fees must be paid again.

A physical address must be stated for the business and a home/residence address must be stated for the business owner. Post Office boxes are unacceptable. A post office box or mail drop address may be used as a mailing address only.

When a business is conducted by a Corporation, you must submit a copy of the Articles of Incorporation filed with the Secretary of State. The names of all Officers or Board of Directors of the Corporation must be indicated on the articles. For additional information contact the Secretary of State, Corporate Filing Division at (916)-657-5448. Web page: www.ss.ca.gov

All Corporations filed in another State or COUNTRY must register with the Secretary of State – Foreign Corporation Division. You must provide a copy of the Foreign Corporation Filing Certificate. For additional information contact the Secretary of State at (916)-657-5448.

CLK162 Rev 4/2010

When a business is conducted as a Non-Profit, you must submit a copy of the Non-Profit Certificate filed with the State. The names of all officers must be indicated on the certificate. For additional information contact the Registry of Charitable Trusts, P.O. Box 903447, Sacramento, CA 94203-4470, (916)-445-2021. Web page: www.caag.state.ca.us/charities

When a business is conducted by a Limited Partnership/Limited Liability Company, you must submit a copy of the Certificate of Organization filed with the State. The names of all general partners/manager(s) must be indicated on the Certificate. For additional information contact the Secretary of State, P.O. Box 944228, Sacramento, CA  94244-2280, (916)-653-3795, www.ss.ca.gov/business/business.htm

All Limited Partnerships/Limited Liability Companies filed in another State or COUNTRY must register with the Secretary of State. You must provide a copy of the Foreign LP/LLC Filing Certificate. For additional information contact the Secretary of State at (916)-653-3795.

When a business is conducted by a Trust, you must submit a copy of the Formation of the Trust assigning the Trustee(s).

The basic filing fee for a Fictitious Business Name Statement with one business name and one business owner is $38.00. There is an additional fee of $7.00 per each additional business name, owner and/or partner. You will be provided with 3 copies of your filing: a copy for your records, a copy for the newspaper and a certified copy for the bank. Additional copies may be ordered for $5.00 per copy.

A Fictitious Business Name Statement expires five (5) years from the date of filing. When there are changes, such as a change of ownership, business name, or physical location of the business, the filing is void and a new filing must be completed at the time of change.

Forms, information and instructions as to Abandonment, Withdrawal or Dissolution of a Fictitious Business Name may be obtained from the County Clerk.

It is your responsibility to make an arrangement with a legally adjudicated newspaper to have the Fictitious Business Name Statement published. Note: An adjudicated newspaper is a newspaper Court-Approved for publication of legal notices.

The statement must be published within 30 days of filing. It is recommended that you take the statement to the newspaper within 20 days of filing in order to allow ample time for typesetting and publication by the 30^th day.

The statement must be published once a week for four (4) consecutive weeks.

A Proof of Publication (the newspaper prepares this form) must be filed with the County Clerk within 30 days after the completion of the publication. You must arrange to have the Proof of Publication sent directly to the County Clerk’s Office for filing. You may obtain a copy of the filed Proof of Publication from the adjudicated newspaper, or you may obtain a copy from the County Clerk’s Office for a nominal fee. It is your responsibility to confirm that the statement was published in the newspaper.