Understanding Fictitious Business Name Statement in California

What is a fictitious business name statement in California?
Filing a FBN statement makes the identity of the person doing business under the fictitious name available to the public. A sole proprietorship will be doing business under a name that does not contain the owner’s last name.
Read more on www.ftb.ca.gov

Any business in California that conducts business under a name other than the owner’s legal name is required by law to file a Fictitious Business Name Statement. This declaration is sometimes referred to as a DBA (Doing Business As) declaration. It is a registration document that makes it easier for the general public to identify a business’s real owner and guarantees that the owner may be held liable for any legal problems that develop as a result of the operation of the business.

The registration of the business name with the county where the business is located is required in order to submit a Fictitious Business Name Statement. The declaration must include the following information: the name of the company, its address, and the nature of its operations. A charge must be paid in order to file the paperwork with the county clerk’s office. To inform the public of the company’ existence, the statement is published in a local newspaper for a predetermined amount of time after it is filed. Is it possible to register a business name without using it?

It is feasible to register a business name even though you won’t be using it. It is not advised, though, as it can result in legal troubles. To avoid any misunderstanding or any legal issues, it is preferable to revoke the registration or submit an abandonment statement if the business name is not being used.

A DBA is allowed for an LLC in California.

An LLC may use a DBA in California, yes. The DBA must first be registered with the county where the business is situated by the LLC. The DBA must also adhere to the state’s naming regulations and cannot include any forbidden words like “bank” or “trust.”

What happens if you don’t publish your DBA in California with regard to this? A Fictitious Business Name Statement must be published in a neighborhood newspaper following filing, per California law. Penalties, fines, and legal problems may come from the statement not being published. To avoid legal issues and make sure the business is running legally, compliance with this criterion is crucial.

Can a DBA be taxed as a S Corp as a result?

A DBA is not eligible to be taxed as a S Corp. A DBA does not have a separate tax status and is not a legal entity. The legal structure of the company, such as an LLC or S Corp, determines its tax status. The DBA is not a separate tax entity; it is merely a name used to do business.

In conclusion, businesses operating in California under names other than the owner’s legal name are required by law to file a Fictitious Business Name Statement. It makes it easier for the general public to identify the real owner of the company and guarantees that the owner can be held liable for any legal problems that result from the operations of the company. It is crucial to file the statement and publish it in a local newspaper because failing to adhere to this requirement may result in penalties, fines, and legal troubles.

FAQ
Also, do i need to publish my llc in california?

In California, you must file a Fictitious Business Name Statement if you are running your LLC under a false name. However, California does not mandate that you publicize your LLC.

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