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Fictitious Business Name
Definition
Any business name that does not include
the last name of all the individuals who own the business, or a
business name that suggests the existence of additional owners, such as
the words company or association, is considered a fictitious business name. In the case of a corporation, a
fictitious business name is any name other than the corporate name stated
in its articles of incorporation. No fictitious business name may include
the words "corporation," "Inc.," "incorporation," or "Corp.," unless it is
a corporation registered with the Secretary of State.
Persons Required to File
Every person who regularly transacts business in this state for profit
under a fictitious business name must file.
When to File
The statement must be filed not later than forty (40) days from
commencement of business. For
corporations and limited liability companies, state filed Articles of
Incorporation must be included.
Where to File
File with the County Clerk in the county of your principal place of
business. In San Joaquin County,
fictitious business name statement forms may be
obtained from and filed with:
San Joaquin County
Recorder/County Clerk
6 South El Dorado
2nd Floor
Stockton, CA 95202
(209) 468-3939
Mon - Fri 8:00am - 4:00pm
Completed applications may be
mailed to this office. Publication instructions and your certified copy
will be returned by mail.
Fees
There is a $25.00 fee for filing the statement, plus $5.00 for each
additional fictitious name and partner name. One free certified copy is
given to the registrant at filing.
Expiration of Fictitious Business Name
Statement
The statement expires at the end of five years from the date it was filed
with the County Clerk.
Abandonment and Withdrawal
Forms and information regarding abandonment and withdrawal from a
fictitious business name may be obtained by clicking the links below, or from the Recorder/County Clerk's
Office
Statement of Abandonment of
Use of Fictitious Business Name
Statement of
Withdrawal From Partnership Operating Under Fictitious Business Name
Penalty for Not Filing
No action in the name of your fictitious name may be maintained in court
until all filing requirements are completed.
Publication of Statement
Within thirty (30) days of the filing of the statement, the applicant is
required to have the statement published.
Local
Newspaper Listing
Duplication of Fictitious Names
The legislation was not intended to eliminate duplication or similarity of
fictitious names. The Recorder/County Clerk has no authority to not file
on grounds that the same or a similar name is already on file. It is
recommended that you review the Fictitious Business Name Index to insure
that the name you choose has not already been registered.
Click here to view the
Fictitious Business Name form in PDF format |
