Santa Cruz County Clerk

Fictitious Business Name Statement
Information and Instructions

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 partner(s)' surname, or a business name that implies the existence of additional owners. In the case of a corporation or a limited liability company, a Fictitious Business Name is any name other than the exact name as stated in the Articles of Incorporation or Certificate of Organization.

NOTE: Registration of a Fictitious Business Name does not guarantee exclusive use of that name.

The County Clerk has no authority to refuse to file a fictitious business name statement 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.

Purpose of the Fictitious Business Name Statement:

The purpose of the Fictitious Business Name Statement is to protect those dealing with individuals or partnerships doing business under fictitious business names and it is not intended to confer any right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available to the public the identities of persons doing business under the fictitious business name. This shall not be construed to impair or impede the rebuttable presumption described in Section 14411. (B&P Code Section 17900)

The filing of any fictitious business name statement by a person required to file such statement pursuant to B&P Code Section 17910 shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious business 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 containing the fictitious business name in that county, and is actually engaged in a trade or business utilizing such fictitious business name or a confusingly similar name in that county. The rebuttable presumption created by this section shall be one affecting the burden of producing evidence. (B&P Code Section 14411)

Persons Required to File:

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 NameStatement with the County Clerk, within 40 days of first transacting business.

This office serves only as the central depository of these names, and cannot accept any responsibility for any omissions, similarities, or duplications among the Fictitious Business Nameson file. Fictitious Business Namesare filed in the county where the business is located. Statewide registries do not exist. Corporations and Limited Liability Companies are not required to file, unless doing business under a name other than the corporate name as listed on the Articles of Incorporation or Certificate of Organization. There is no requirement for a non-profit corporation or association to file a Fictitious Business Name Statement (B&P Code Section 17911).

Fictitious Business Name Statements are Public Record

The County Clerk is authorized to furnish summaries or compilations FBN filings to anyone upon request and payment of a fee. To purchase this information or for a list of who purchases this data contact the County Clerk. (B&P Code §17928)

To Submit an Application:

A Fictitious Business Name Statement Application Form is available from the Santa Cruz County Clerk located at 701 Ocean Street, Room 210, Santa Cruz, CA 95060, or online at www.sccoclerk.com.

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

It is the applicant's responsibility to make sure that all information on the application form is correct and readable. Any error made on a filed Fictitious Business Name Statement cannot be corrected. Invalid filings must be filed and published again.

When a business is conducted by a corporation, you mustsubmit 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.

All corporations filed in another state or country must register with the California 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.

When a business is conducted as a non-profit, a copy of the Non-Profit Certificate filed with the State must be submitted. The names of all officers must be indicated on the certificate.

This does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations. (B&P Code Section 17911.

When a business is conducted by a Limited Partnership/Limited Liability Company, a copy of the Certificate of Organization filed with the State must be submitted. The names of all general partners/manager(s) must be indicated on the Certificate.

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.

Fees:

The filing fee for a Fictitious Business Name Statement with onebusiness name and one business owner is $38.00. There is an additional fee of $7.00 for 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 are $5.00 each.

Expiration:

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.

Abandonment, Withdrawal & Dissolution:

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

Proof of Publication:

It is your responsibility to have the Fictitious Business Name Statement published in a locally adjudicated newspaper. An adjudicated newspaper is a newspaper Court-Approved for publication of legal notices.

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

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

3. A Proof of Publication (the newspaper prepares this form) must be filed with the County Clerk within 30 days of 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.

Failure to comply with the above time limits will invalidate your Fictitious Business Name Statement Filing.

You must then refile and publish. All fees must be paid again.

List of Adjudicated Newspapers Serving Santa Cruz County:

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