FBN statements are public records that allow consumers to identify the legal names behind local businesses. Banks may also require an FBN statement as an attachment when opening a company bank account for authorization purposes.
Every person who regularly transacts business in California for profit under a fictitious business name must file an FBN statement no later than 40 days from the time the registrant commences to transact such business (Business and Professions Code § 17910).
Nonprofit organizations or associations such as fraternal and charitable organizations, churches, hospitals, labor unions and real estate investment trusts with authorized agents on file with the Secretary of State are not required to file an FBN statement.
No, it does not reserve the name for your exclusive use. The filing is for consumer protection and is required by law. Applicants are responsible for verifying that the business name is unique. The applicant is also responsible for verifying that the name does not violate any trademark protocols (For more information regarding trademarks, visit the U.S. Patent and Trademark Office website). The County Clerk's Office cannot refuse to file a fictitious business name statement because the name is already being used by someone else.
Fictitious business names that have been filed in Tulare County can be searched using our online Fictitious Business Name search. Our office will search FBN statements on file for a fee.
Yes, within 45 days from the date of filing a Fictitious Business Name Statement, a Statement of Abandonment, or a Statement of Withdrawal, your statement must be published in a newspaper of general circulation in the county where the FBN statement was filed. The publication must run once a week for four consecutive weeks.
The FBN statement expires five years from the date of filing unless it is abandoned sooner. You must renew your FBN statement every five years, paying the current fees, even if there are no changes. You are not required to republish a renewal if the information remains the same.
No longer doing business under the FBN that was filed in the previous five years.
Removing a registered owner from an FBN statement on file, which requires publication.
An FBN statement, a Statement of Abandonment, or a Statement of Withdrawal must be signed by an owner or partner listed on the statement or a recognized officer of a corporation or limited liability company.
You will need to file a new FBN statement. Filing fees will apply.
A prior date, the date you are completing the form, or N/A can be entered on the form. We cannot accept a future date on an FBN filing.
A change to the information on an FBN statement would require a new filing and republishing in the newspaper.
An FBN statement cannot be transferred. An active statement can be abandoned by the owner listed on the FBN statement, and a new filing can be completed by the new owner.
They are the same.
An FBN statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state. This does not preclude a person from filing an FBN statement in a county other than that where the principal place of business is located. If the business is out of state, you must file with the Sacramento County Clerk. California law requires that FBNs be filed at the county level. There is no state or national registry.
No, each must be filed separately and in accordance with the law.
The County Clerk does not process business licenses. Contact the city where the business will be located or the Tulare County Tax Collector’s Office if the business will be located in an unincorporated area of the county.
Yes. You may have as many FBN statements on file as you have separate businesses. Also, there may be more than one registrant listed on your FBN statement.
The FBN statement is a legal document, and no changes may be made to an FBN statement once it is filed. Be certain the information in the statement is correct and complete before filing it. Once your statement has been filed, changes to the filing cannot be made, and no refunds are issued. If any change occurred in the facts of the original statement, other than a change of residence address for owner, partner, officer etc., a new FBN statement must be filed and published.
The general partner being removed may file a Statement of Withdrawal from Partnership operating under an FBN statement, pay the appropriate fee, and publish the form unless a Notice of Dissolution of Partnership has been published. A Statement of Withdrawal from Partnership must be signed by the partner being removed from the statement.
The law requires that you file a Statement of Abandonment of Use of Fictitious Business Name form, pay the appropriate fee, and then publish the statement.
The reasons are listed in the letter that is attached to the forms that were returned to you.
Both are $45 for one business name and one registrant and $7 for each additional business name and/or each additional registrant.
The original signifies that the registrant declares all the information in the FBN statement is true and correct (Business and Professions Code § 17900-17930).