A Fictitious Business Name, also known as a DBA (Doing Business As), is a legal name used by a business that is different from its legal name. It is essential for businesses operating under a name that is not their legal entity to register for a Fictitious Business Name. It is a requirement for all types of businesses, including sole proprietorship, partnership, LLC, or corporation. In this article, we will discuss the importance of a Fictitious Business Name and answer some related questions.
No, two businesses cannot have the same DBA name. A Fictitious Business Name is unique to the business that registers it. It is essential to register the name as soon as possible, as it is allocated on a first-come, first-serve basis. Once registered, the name is protected, and no other business can use it.
Yes, a Fictitious Business Name does expire. In California, a DBA is valid for five years from the date of registration. After the five-year period, the business must renew its Fictitious Business Name. It is crucial to keep the registration current to avoid any legal complications.
If a business decides to stop operating under a Fictitious Business Name, the owner must cancel the registration. To cancel the DBA in California, the owner must file a form with the County Clerk’s office where the registration was made. The business owner must also provide proof of publication as the DBA name cancellation notice must be published in a newspaper of general circulation in the county where the registration was made.
To change a Fictitious Business Name in California, the business owner must file a new Fictitious Business Name statement. The owner must follow the same process as registering for the first time, including publishing a notice of the new DBA name in a newspaper of general circulation in the county where the registration is made.
In conclusion, registering for a Fictitious Business Name is crucial for businesses operating under a name that is not their legal entity. It protects the business name and helps avoid legal complications. A Fictitious Business Name requires renewal every five years, and the owner can cancel or change the registration by following the proper procedure.