How to file a fictitious business name in California

When starting a business in California, whether it’s an LLC or corporation, one of the essential steps is registering the official business name. However, your desired name might sometimes be unavailable.

If your preferred business name is already taken, there are alternative solutions. You can register a fictitious business name (FBN) and conduct business activities under that name instead. If you want to pursue this option, read below to learn how to file a fictitious business name in California and how Corporate Creations can assist you.

What is a fictitious business name?

A fictitious business name, also known as a "Doing Business As” (DBA) name, is the name a business uses to operate that is different from its legal registered name. A well-known example of this is Alphabet Inc., which operates under the fictitious business name, Google.

Registering an FBN does not create a new, separate entity. Instead, it allows a company to carry out business under a different name while ensuring that consumers can still connect the brand name to the legal business behind it.

Why use a fictitious business name in California?

There are many compelling reasons why companies use fictitious business names in California. While corporations and LLCs select a legal business name when registering their business, they may want a different public-facing name for branding or marketing purposes.

Sometimes, desired legal business names are already taken, leading companies to operate under fictitious names. For example, if “XYZ Company New York” wants to expand into California, and finds the name “XYZ Company California” is already in use, it will then need to register an FBN in the state.

Sole proprietorships and partnerships also frequently use fictitious names to protect their privacy since proprietorships and partnerships will default to being named after the owner(s).

Requirements of using a fictitious business name

There are some vital things to remember if you choose to register a fictitious business name in California:

• Your FBN cannot be the same as another already registered with the California Secretary of State. Likewise, it cannot be so similar to another name as to mislead the public. You can run a fictitious business name search in California to ensure that you don’t choose a name that’s taken.
• You cannot use certain legal business titles such as “Inc” or “LLC” unless you operate as one of these entity types. However, it is important to note that California permits the use of unsupported titles such as “Ltd”.
• You’ll need an FBN before you open a business account under the public facing name. Likewise, you’ll need a fictitious name before you can obtain any business licenses and permits.

How to file a fictitious business name in California

There are a few steps to take to officially register your fictitious business name in California:

1. Run a California business entity search or name check. You can check through your county clerk’s office or let Corporate Creations assist you with this.
2. Once you’ve chosen a name, you need to file the fictitious business name statement with the relevant county clerk (not with the California Secretary of State). In this form you’ll need to include information such as:
   • Legal business name
   • Fictitious business name
   • Business address
   • Owner names
   • State ID number
   • Entity type
3. You’ll need to make an announcement of your fictitious business name in a local newspaper within 30 days of filing. This is a legal requirement and must be done weekly for four consecutive weeks.

Depending on the county in which you register, requirements may differ. However, the general steps above are relevant to each county. You can usually register as many business names as you want, assuming they are available.

It’s important to note, if you’re an out-of-state company, then you are required to file your FBN statement with Sacramento County.

Corporate Creations can assist with the filing of your fictitious name in California and all other U.S. states. We assist with DBA services for all business types and provide a fast and thorough service. Contact us to learn more about how we can help you.

FAQs: Fictitious business name California

How do I carry out a fictitious business name search in California?

You can carry out a fictitious business name search in California in a few ways. A popular option is to do a business entity search on the California Secretary of State’s website. Alternatively, some counties, such as Los Angeles County, offer a specific search tool for FBNs on its website. The easiest way is to get a third-party company, like Corporate Creations, to carry out the search for you, ensuring that the lookup is carried out properly.

What is a fictitious business name statement?

A fictitious business name statement is the form you need to file with the relevant county clerk office in California to enable your business to operate under that name.

How often do you have to renew your fictitious business name in California?

You need to renew your FBN every five years by filing a new fictitious business name statement in California. Assuming all the information in your original filing is the same, you don’t need to publish a new notice in a local newspaper.

How do I get a copy of my fictitious name certificate?

Most counties in California offer the option to request a certified copy of a fictitious name certificate for a nominal fee. Corporate Creations can assist you with these certified copy requests.

How long is a fictitious name valid?

In California, a fictitious business name is valid for five years. However, if there are any changes to the information in your original filing, such as a change in ownership or business address, you’ll need to file a new statement before the five-year period ends.