Withdrawing from a Partnership Operating Under a Fictitious Business Name
Purpose of Withdrawal: To make available to the public a statement by person(s) or business entities withdrawing as a general partner(s) under a previously filed FBN statement. A statement of Withdrawal from Partnership may be filed; it is not required and it is up to the partner(s) to determine the necessity of filing. A statement of Withdrawal must be filed on an active Fictitious Business Name Statement only. It does not cause an FBN statement to expire.
17923.
(a) Any person who is a general partner in a partnership that is or has been regularly transacting business under a fictitious business name may, upon withdrawing as a general partner, file a statement of withdrawal from the partnership operating under a fictitious business name. The statement shall be executed by the person filing the statement in the same manner as a fictitious business name statement and shall be filed with the county clerk of the county where the partnership filed its fictitious business name statement.
(b) The statement shall include:
- The fictitious business name of the partnership.
- The date on which the fictitious business name statement for the partnership was filed, the file number, and the county where filed.
- The street address of its principal place of business in this state or, if it has no place of business in this state, the street address of its principal place of business outside this state, if any.
- The full names and residence addresses of the person or persons withdrawing as partners.
(c) The statement of withdrawal from the partnership operating under a fictitious business name shall be published in the same manner as the fictitious business name statement and an affidavit showing the publication of the statement shall be filed with the county clerk after the completion of the publication.
(d) The withdrawal of a general partner does not cause a fictitious business name statement to expire if the withdrawing partner files a statement of withdrawal meeting the requirements of this section.
17924.
(a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:
- "Your fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917)."
- (2) "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 and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930)." These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.
(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name.
17925.
(a) The county clerk shall maintain one or more indices which permit the determination of at least the following information:
- Whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth such name and, if so, the file number of the statement.
- Whether any individual, general partner, or corporation is listed in any fictitious business name statement on file and, if so, the file number of the statement.
- Whether a statement of abandonment of use of a specific business name is on file and, if so, the file number of the statement of abandonment.
- Whether a statement of withdrawal from a partnership operating under fictitious business name is on file and, if so, the file number of the statement of withdrawal.
(b) Four years after a fictitious business name statement has expired, the county clerk may delete the information concerning that statement from the index, including any references to statements of abandonment of use, statements of withdrawal of partnerships, or any other references related to a fictitious business name statement which is being deleted from the index.