Who Must File

PEOPLE & 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”, “& Son(s)”, “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, see Business & Professions Code 17911. 
• Real Estate Investment Trusts having an authorized agent on file with the Secretary of State pursuant to Corporation Code §24003.