Yolo Clerk/Recorder

Fictitious Business Names:
Important Information

Business & Professional Code Sections 17900-17930

FBN Statements may be filed in person or by mail. Once your statement has been filed with the County Clerk/Recorder and you have been issued certified copies, NO changes, additions, or corrections may be made to this statement. If any alterations need to be made, you will need to file a NEW statment and pay the filing fee.

Address:

A physical street address is required for both the business(s) and the registrant(s) doing business. A mailing address does not qualify as a physical street address.

The address must be the same for all businesses if there are two or more business names on the same statement.

Where to file:

The registrant shall file the FBN statement in the county where the principal place of business is located.

If the registrant has no place of business in this state, the registrant should file with the Clerk of Sacramento County

Expiration:

The FBN statement expires 5 years from the date of filing, or 40 days after any change in facts (other than change of address of an individual, general partner, or trustee), or upon abandonment of the FBN.

• Notice of Expiration will be sent prior to statement expiration date.

Filing FBN Statement upon expiration:

• Registrant must refile every 5 years, paying the current fees, even if there are no changes
• You are not required to republish a renewal if the information remains the same.

Abandonment:

A person, upon ceasing to transact business in this state under a fictitious name, may:

• file a statement of abandonment,
• publish same, and
• file an affidavit with the County Clerk

Withdrawal of a General Partner

• A partner who is leaving a business, may file a statement of withdrawal with the County Clerk.
• Publication is not required if dissolution of the partnership has been published pursuant to the Corporations Code. If published, an affidavit shall be filed with the County Clerk.

Exclusive right to use an FBN as a trade name:

The registrant first to file an FBN statement shall establish a rebuttable presumption that the registrant has the exclusive right to use the FBN, or any confusingly similar trade name, as a trade name in the county in which the statement is filed

• It is the responsibility of the registrant to conduct a search of the index to assure the availability of the FBN in this county. You may search the FBN Index online.
• The current FBN index is on file for the public at the Yolo County Clerk-Recorder Office. You may come in the office to search for free.

Name Exclusivity:

Businesses may file for exclusivity of a name with the Secretary of State. You may call (916) 653-6814 for information and an Application for a Service Mark (GC 26854).