A Fictitious Business Name Statement expires 40 days after any change in the facts set forth in the statement, except when the change is solely to the residence address of an individual, general partner, or trustee, which does not cause the statement to expire.
The following are examples of changes to an active filing that may be subject to a new fictitious business name filing. If any of these changes apply to your business, you should file a new application within 40 days:
Changes in how you are conducting business
Changes to the physical address of the business
Adding or removing registered owners
These examples are intended to assist you in completing the Fictitious Business Name Statement. They are not meant to provide exact legal definitions under California law and do not replace the need to consult an attorney. Our staff is prohibited from rendering legal advice or assistance. If needed, you may wish to consult an attorney or accountant.
Renewal
Fictitious business names must be renewed with the County Clerk every five years from the original filing date. If the renewal is due to expiration of the prior statement, refiling does not need to be published. However, any changes in how the business is conducted—such as changes to the business's physical address, business name, or registrant names—will require the renewal to be published in a newspaper.
Abandonment
When a business ceases operations in California under a fictitious business name filed within the last five years, the individual who filed the Fictitious Business Name Statement must file a Statement of Abandonment. This statement must be executed in the same manner as the original Fictitious Business Name Statement and filed with the County Clerk where the initial statement was registered.
It is advisable to notify the County Assessor’s business property division of your business closure to ensure any tax liabilities are addressed. Business/Personal Property is located in Room 111 at the Visalia Courthouse, 221 S. Mooney Blvd., and can be reached by phone at (559) 636-5159 or by email at AssessorBPP@tularecounty.ca.gov.
Withdrawal
A Statement of Withdrawal is filed to notify the public that an individual is withdrawing from a partnership operating under a fictitious business name. The signature of the withdrawing party must match the signature on the original Fictitious Business Name Statement. Filing a Statement of Withdrawal does not cause the Fictitious Business Name Statement to expire.
