Fictitious Business Name Statements
Fictitious Business Name Statement forms are available from, and filed at, the Clerk-Recorder's Office. People starting a new business in the county may wish to search the business names on file when considering their business name.
Who Needs To File a Fictitious Business Name Statement?
- Individuals with a business name that does not include the surname of the individual or a name that suggests the existence of an additional owner.
- Partnerships or other associations of persons with a name that does not include the surname of each general partner or a name that suggests existence of an additional owner, such as "Company" or "Associates", and for a limited partnership, any name other than the name as on file with the Secretary of State.
- Corporations with a name not stated in its articles of incorporation.
Personal Identification Required
(d) At the time of filing of the fictitious business name statement, the registrant or agent filing on behalf of the registrant shall present personal identification in the form of a California driver's license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant or agent filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity statement. (B & P 17913)
If you have questions or would like more information, please refer to the California Business & Professions Code beginning with Section §17900.
Within thirty days from the date of filing, the registrant shall start publishing the statement in a newspaper of general circulation (FBN Statement Publishing Requirements), in the county in which the principal place of business is located, once per week for four successive weeks. Within 30 days of the completion of the publication an affidavit shall be filed with the Stanislaus County Clerk. A renewal statement need not be re-published if there is no change from the previous application.
The Fictitious Business Name Statement expires five years from the date of filing, 40 days after any change in fact (except change of address of individual, general partner or trustee), or upon abandonment of name.
A person, upon ceasing to transact business may file a statement of abandonment and publish same. For a statement of abandonment, click here
Withdrawal of a General Partner
A partner, who is leaving a business, may file a statement of withdrawal with the county clerk. If published, an affidavit shall be filed with the clerk.
For the fee for filing a Fictitious Business Name Statement see the Fee Schedule
Frequently Asked Questions
- Does it matter if another business has the same name?
- The Clerk will file any appropriately completed fictitious business name statement. Thus, there may be more than one person(s) with the same fictitious business name. However, Business and Professions Code §14411 states "The filing of any fictitious business name statement... shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious 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." Our office is not staffed to search records, but the public is welcome to come in and do a name search at no cost.
- Do we have to publish in the newspaper?
- Yes, in a Stanislaus County newspaper of general circulation, in the area you're conducting business (see list below), once a week for four (4) consecutive weeks. Fees vary with each newspaper.
Newspapers Of General Circulation In Stanislaus County
For a listing of newspapers of general circulation in Stanislaus County and other key contact information about filing a fictitious business name statement, click here