Fresno Fictitious Business Name Statement DBA FBNWe Will File And Publish Your DBA Fictitious Business Name
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Fictitious Business Name General Information
Fictitious Business Name Statements are filed in the County's Business License Unit. California State law (Business and Professions Code section 17910) requires that every person, partnership, corporation, or other association, who regularly transacts business in California for profit under a Fictitious Business Name, file a statement. Part of the filing requirement is that the statement be published in a newspaper of general circulation in the County in which the business is located. Fictitious Business Names are filed by every person who has started a business in Fresno. Filing a fictitious name is one of the first steps in starting a business, New businesses have the need for insurance, accounting, legal, and financial services, office supplies, telephone equipment, and other services. FILE AND PUBLISH YOUR COMPANY NAME IN FRESNO FICTITIOUS BUSINESS NAME STATEMENT THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE OR COMMON LAW (SEE SECTION 14411 ET SEQ. BUSINESS AND PROFESSIONS CODE) 8) Filed with the Fresno on: NOTICE: THIS STATEMENT EXPIRES ON: A NEW STATEMENT MUST BE FILED PRIOR TO THE EXPIRATION DATE. Certification I hereby certify that the foregoing is a correct copy of the original on file in my office. Fresno, California (SEAL) fictitious Business Name Statement NOTICE PURSUANT TO SECTION 17924 OF THE BUSINESS AND PROFESSIONS CODE fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit of publication filed within 30 days after publication has been completed. The statement should be published in a newspaper of general circulation in the where the principal place of business is to be conducted (Section 17917 Business and Professions Code). Any person who executes, files, or publishes any statement under Chapter 5 (Commencing with section 17900) of Part 3 Division 7 of the Business and Professions Code, knowing that such a statement is false, in whole or in part, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollar ($500). (Section 17930 Business and Professions Code). NOTE: This statement filed under Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and ProfessionsCode need not be published if it is being filed because a prior statement has expired provided the refiling is filed within 40 days of the date the statement expired under subdivision (a) of Section 17920 of the business and Professions Code unless there has been a change in the information required in the expired statement (Section 17917c Business and Professions Code). SPECIAL INSTRUCTIONS A fictitious business name statement may be executed, filed and published by the trustee in bankruptcy, guardian, conservator, executor, administrator, an assignee or purchaser or any time after bankruptcy, the incompetence or death of any individual or partner or the assignment or sale of the business where a failure to comply with Chapter 5 (commencing with Section 17900), Part 3 of division 7 of the Business and Professions Code would otherwise preclude the maintenance of an action to recover any sums due to the bankrupt, incompetence, deceased person, the partnership of which he was a member of the assignee or purchaser (Section 17919 Business and Professions Code}. HOW TO FILL OUT THE FORM (1) Insert the fictitious business name(s) and the street address of the principal place of business in California. If no place of business in California, insert the street address of the principal place of business outside of California. NOTE: Only those businesses operated at the same address maybe listed on one statement. (2) If an individual, insert full name and residence address. If a partnership or other association of persons, insert full name and residence address of each general partner. If a business trust, insert full name and residence address of each trustee. If a corporation, insert the name of the corporation as set out in the articles of incorporation and the state of incorporation. Attach additional pages if necessary, OR insert the name(s) of person(s) doing business under this fictitious business name as existed (a) immediately prior to the bankruptcy, incompetence or death or the assignment or sale of the business or (b) at the time they ceased to do business under this fictitious business name, whichever is the earlier. (3) Enter the date if registrant has commenced to transact business under the Fictitious Business Name. (4) Check "NOT APPLICABLE" if registrant has not commenced to transact business at time of filing. (5) This business conducted by…please specify the way you will be conducting the business. If business name includes "Incorporated", "Corporation", "Inc.", or "Corp." registrant must be a corporation registered at the state level. If business name includes "Limited Liability Company", the abbreviations "LTD." "And Co," or either of them, "LLC or "LC" registrant must be a limited liability company. In either case, the requires a copy of the articles of incorporation or organization. (6) If filing as a Corporation, Limited Liability Company, or a Limited Partnership please specify your articles of incorporation or organization. Do not check this box unless filing as a trustee, guardian, conservator, executor, administrator, assignee or purchaser READ ALL SPECIAL INSTRUCTIONS BEFORE THIS BOX. (7) If an individual, must be signed by an individual. If a partnership or other association of persons, must be signed by a general partner. If a business trust must be signed by a trustee. If a corporation must be signed by an officer, (state title of officer). OR THE person executing thisstatement shall sign the statement on behalf of the person(s) formerly doing business under the fictitious business name and state his full name and the street address of his place of business, or if he has none, or purchaser of the business. NOTE: During the 5 year period if you should move the business location or change the way of conducting business a new filing is required.(8) For use only. FILING INSTRUCTIONS & FEES Filing and indexing a fictitious name and statement or renewal, including any affidavit of publication, furnishing one CERTIFIED COPY of the statement and mailing the notice of expiration. Fictitious Business Name Statement THIS BUSINESS CONDUCTED BY" What to List in Section 5 of the Fresno FBN Statement In this section of the form, insert whichever of the following best describes the organizational structure of the person(s) filing the form: List the following on the form if you are and attach An individual An individual N/A Husband and wife Husband and wife N/A A corporation A for–profit business which has filed formal articles of incorporation with the Secretary of State Copy of articles of incorporation showing Sec. of State approval A limited liability company Two or more individuals and/or businesses who have filed articles of organization with the Secretary of State to be a limited liability company Copy of articles of organization showing Sec. of State approval A limited partnership Two or more individuals and/or businesses who have obtained a certificate from the secretary of State to operate as a limited partnership Copy of certificate issued by Sec. of State certifying status as limited partnership A business trust A for-profit business organized in the form of a trust Copy of trust A general partnership Two or more individuals and/or businesses who have associated together to carry on a business for profit as co-owners for an indefinite time N/A Copartners Two or more individuals and/or businesses who have associated together to carry on a business for profit as co-owners, but not for the indefinite time applicable to a general partnership N/A A joint venture Two or more individuals and/or businesses who have associated together to carry out a single transaction or series of transactions as co-owners of a business for profit N/A An unincorporated association other than a partnership Two or more individuals and/or businesses who have associated together to carry on a business for profit other than as co-owners, but without filing formal paperwork with the Secretary of State (this category includes an unincorporated joint stock association) N/A Other A type of business organization not specified above A detailed explanation Page 3 of 4 CC-107 Fictitious Business Name Statement DEFINITIONS OF A FICTITIOUS FIRM NAME For Individuals: A name that does not include the surname of the individual. A name that suggests existence of additional owner(such as "Company," "& Company," "Sons," "& Associates," "Brothers," but not the words that merely describe the business being conducted). For Partnerships: or other associations of persons. A name that does not include the surname of each general partner or name that suggests existence of additional owners (such as "Company," "Brothers," etc.) in the case of an unincorporated association other than a partnership, a "Z" general partner" means a person whose liability in the business is substantially the same as a general partner. For Corporations: A name not stated in the articles of incorporation. Organizations Not Included: Non-profit corporations or associations such as churches, labor unions, fraternal and charitable organizations, non-profit hospitals, etc., and real estate investment trusts with permits under Section 23002 of the Government Code which have statements on file designating agent for service of process. PUBLICATION Within 30 days after the statement is filed, the registrant will publish it in a newspaper of general circulation in the and the business area in which the principal place of business is located. The newspaper will publish the Fictitious Name Statement once a week for four consecutive weeks. Within 30 days of the completion of the publication an affidavit must be filed with the Fresno . EXPIRATION The fictitious Name Statement will expire five years after the date of filing the original application. In order to continue reserving the Business Name a new statement must be filed before the expiration date. The fee for renewing a Fictitious Name Statement is the same as for filing a new Fictitious Name Statement. Renewing a statement does not require publication if there are not changes from the previous application. A statement also expires when it is abandoned. ABANDONMENTS A person who has filed a statement may, upon ceasing to transact business in this state under that Fictitious name, file a STATEMENT OF ABANDONMENT, publish same and file an affidavit of publication with the . Forms are available at the ’s office. The statement shall be executed in the same manner as a fictitious business name statement and shall be filed with the of the in which the person has filed his fictitious business name statement. WITHDRAWAL OF GENERAL PARTNER A general partner of a partnership having a statement on file may file a STATEMENT OF WITHDRAWAL OF PARTNERSHIP,publish and file an affidavit of publication with the . This may be done as long as it does not change the status of the original filing. Publication is not required if dissolution of the partnership has been published pursuant to the Corporation Code. DOES IT MATTER WHETHER ANOTHER BUSINESS HAS THE SAME NAME? No. It is irreverent to filing of the Fictitious Business name statement. However, there could be legal problems if you duplicate a name that has been filed. IF YOU HAVE ANY QUESTIONS OR WOULD LIKE MORE INFORMATION, REFER TO: CALIFORNIA BUSINESS & PROFESSIONS CODE BEGINNING WITH SECTION 17900 Page 4 of 4 |