Anyone regularly conducting business for profit in California under a name different from their legal business name—known as a fictitious business name (FBN), also referred to as “doing business as” (DBA)—must file a Fictitious Business Name Statement within 40 days of starting operations. In certain cases, a business owner may choose or be required to use an FBN, such as when obtaining business licenses or permits.

Fictitious business name filings, submitted to the County Clerk where the business operates, are public records that allow consumers to identify the legal names behind local businesses. Additionally, banks often require copies of these statements before opening commercial accounts to verify that the business owner, such as John Smith, is authorized to deposit checks made out to "Smith and Company Painting."

Filing an FBN allows other businesses and startups to check whether a name is already in use in a particular county. Operating under an unregistered fictitious business name can limit a business owner's ability to enforce contracts or conduct other legally binding transactions.

Nonprofit organizations or associations, such as fraternal groups, charitable organizations, churches, hospitals, labor unions, and real estate investment trusts with authorized agents on file with the California Secretary of State, are exempt from filing a Fictitious Business Name Statement.