Fictitious Business Names

Who is Required to File

Every person who regularly transacts business in this state for profit under a fictitious business name must file.  Non profit corporations or associations or charitable organizations do not need to file. Corporations do not file unless doing business under a name other than the corporate name.

Fictitious Business Name vs Business License

• A Fictitious Business Name Statement is filed with the County Clerk

• Business Licenses are administered by:

  • Yuba County Tax Collector - for businesses located in the unincorporated area of the County

  • Marysville City Clerk - for businesses located in the incorporated area of the City of Marysville

  • Wheatland City Clerk - for businesses located in the incorporated area of the City of Wheatland.

   

Filing a Fictitious Business Name Statement

• Be certain the information in the statement is correct and complete before filing it.  You cannot make changes to the statement once it has been filed.  Any changes would require the filing of a new statement, payment of the filing fees again, and publication.

• Filing a fictitious business name statement does NOT reserve the name for your exclusive use.  The filing is for consumer protection and a requirement under Business & Professions Code Section 17900.

  • The County Clerk's Office cannot refuse to file a fictitious business name statement because the name is already being used by someone else.

  • If there is a conflict between business owners using the same or similar names, it becomes a legal matter between the business owners.

• Your residence address (where you live) must be listed under the registrant information.  If the registrant is a corporation, the State of Incorporation must be listed.

• All information contained in the statement is a public record, including your residence address.  Anyone can purchase copies of the statement.

• All original filings as well as new filings with a change in the facts from the previous filing must be published.  The statement must be published in the Appeal Democrat, once per week for four consecutive weeks.  The first publication must begin within thirty days of the date the statement was filed in the County Clerk's Office.

• The statement is valid for five years from the date it is filed, unless there is a a change in any information (except the registered owners address).  A change requires a new statement be filed within 40 days of the change.  The new statement must also be published.

• Fee:  $30 for the first business name and registrant; $5 for each additional business name or registrant.

• Forms can be obtained in the County Clerks Office