Do I Need a DBA in California? Understanding California’s Fictitious Business Name Law

Do I need a DBA in California?
A DBA is always required in California when a sole proprietor, or any other business entity, wants to operate and sign legal documents under a different name. The only exception to this rule is if a sole proprietor incorporates his or her last name into the business name.
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You might be asking if you need to file a DBA (Doing Business As) in California if you own a small business and want to operate under a name other than your own. It depends, is the response. DBA is sometimes referred to as a fictitious business name (FBN) in California. Any individual or corporation conducting business in California using a name other than their own must file an FBN statement with the county clerk’s office where the business is situated in accordance with the FBN statute. Therefore, you must submit an FBN statement if your company name does not include your legal name and you are not registered as an LLC or corporation.

How Long Is a California DBA Valid?

After the date of filing, an FBN statement is valid for 5 years. After that, in order to continue using your DBA name, you will need to submit a new statement or renew your current one. Remember that if you modify the company name or address that is indicated on your existing FBN statement, you must submit a new statement.

How long does it take in LA County to obtain a DBA?

A FBN statement’s processing time varies by county. For instance, you can submit your FBN statement online or in person at the Registrar-Recorder/County Clerk’s office in Los Angeles County. An online FBN statement normally takes 2-3 business days to process. You will get your FBN certificate the same day if you file in person.

Could two companies share the same DBA name?

No, in California, two businesses cannot share the same DBA name. Every FBN statement must be distinct in accordance with the FBN law. You will need to select a different name if a given business name has already been registered by another company.

What Distinguishes an LLC from a DBA?

A DBA is not a distinct legal person or thing. You can just use a name other than your own to conduct business. On the other hand, an LLC (Limited Liability Company) is a type of legal entity that protects its owners from personal liability. LLCs must file yearly reports and pay fees to the state where they were registered.

In conclusion, you must file a Fictitious Business Name declaration if you conduct business in California using a name other than your own. Depending on the jurisdiction, the statement can be submitted in person or online and is good for 5 years. Remember that your FBN name must be distinct from any other FBN names that have already been registered. Instead of creating a DBA, you might want to think about becoming registered as an LLC if you wish to safeguard your personal assets from liabilities.

FAQ
And another question, is a dba the same as fbn?

In California, a DBA (Doing Business As) and FBN (Fictitious Business Name) are the same thing. In California, “DBA” and “FBN” are often used interchangeably. It refers to a name used by a company to conduct business that is distinct from its official name. Businesses must register their DBA/FBN in California with the county clerk’s office in the county where their location is.

One may also ask can an llc have a dba?

In California, an LLC is permitted to use a DBA (Doing Business As). In actuality, a lot of LLCs decide to operate under a DBA rather than their own name. It is crucial to remember that the LLC must first submit the DBA registration form to the California Secretary of State and abide by all applicable rules and laws pertaining to the use of a fictitious name.