Fictitious Business Names: Who Must File
Business & Professional Code Sections 17900-17930
People and Organizations Who Must File A Fictitious Business Name Statement:
- In the case of an Individual, a name that does not include the surname (last name) of the individual owner.
- The fictitious business name may not suggest the existence of additional owners (such as Company, & Sons, Brothers, & Associates, etc).
- In the case of a Corporation, a fictitious business name is any name other than the exact corporate name as stated in the articles of incorporation.
- In the case of a Limited Partnership, any name other than the name of the partnership on file with the Secretary of State.
- In the case of a Limited Liability Company, any name other than the name stated in its articles of organization.
Those Who Are Not Required to File a Fictitious Business Name Statement:
- Nonprofit Organizations or Associations such as fraternal and charitable organizations, churches, hospitals, or labor unions
- Real Estate Investment Trusts having an authorized agent on file with the Secretary of State pursuant to Corporation Code §24003
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