If you’re planning to start a business in California using a specific name, you may need to register for a business name. Business name registration is commonly called a California DBA or “Doing Business As,” but is officially called a Fictitious Business Name (FBN).
Check out our guide to see if you need to register for a California Fictitious Business Name and learn how to register.
Related: Starting A Business In California Checklist
Who needs to register for a California Fictitious Name?
Under California state law (CA BPC § 17910)1, any business doing business under a name other than its legal name must register for a DBA in California. The Fictitious Business Name Statement must be filed within 40 days of starting a business.
Sole proprietorships and general partnerships are the most common business structures for registering for a California DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but if the small business owner wants to operate under a specific name, they will need to complete the FBN registration.
Related: How To Start A Sole Proprietorship In California
A corporation, Limited Partnership, or Limited Liability Company won’t typically register for a California DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a California corporation or Limited Liability Company without having to form another entity.
It’s important to note that registering a business name puts the owners’ names and addresses on public record. This is especially important if you are starting a business on the side and worried about your employer finding out. While it’s extremely rare that someone would find out on their own, it can still be a concern.
Regardless of the business structure, every business registering a Fictitious Business Name statement will file one with the County Clerk in the county where the business is located.
If the business is located out-of-state (only for foreign entities such as corporations and LLCs), it will register in Sacramento County.
Steps to Register a California Fictitious Name
Step 1: Verify the Name is Available
DBA filings in California must be unique or can’t closely resemble other registered names in the state or the county where the business is being registered. Before filing, do a California business name search and also the county’s name database, many of which are online.
Step 2: Fill out the Fictitious Business Name Statement
Contact the County Clerk’s office in the county where your business is located to request the FBN form. The form and filing fees will vary by county. Many counties have the form available online, while others require picking it up in person.
Common information requested on the form includes;
- Requested name of the business
- Owner’s name & address
- State business ID number
- Type of business entity
Step 3: Notarize and Sign the FBN Statement
Before submitting the form, the business owner, partner, officer, or LLC member must have it notarized and signed. Notary services are available at no cost at most County Clerk’s offices.
Step 4: Submit and Pay
After filling out and notarizing the form, submit the form and payment to the County Clerk, either in person, mail, or online in some counties.
Here is a list of County Clerk’s offices in California.
Step 5: Business Name Publication
After submitting the form, a legal notice must be published in a local newspaper once a week for four consecutive weeks within 30 days of the filing. This notice will typically run in a newspaper with general circulation in the county where the name is being filed. The county will have a list of approved publications.
Expect to spend $30 – $100 to publish.
After four weeks of publication, the newspaper will provide a signed affidavit that must be submitted to the County Clerk within 30 days of the final publication.
If the name is being refiled, there isn’t a publishing requirement unless any information is changed from the original statement.
California DBA FAQs
How much does a California Fictitious Business Name cost?
Filing an FBN varies by county but is typically around $30, plus publication costs. The name registration needs to be renewed every five years.
How long does it take to get a California Fictitious Name?
Processing a Fictitious Business Name varies by county but typically takes 4-6 weeks.
Are there any naming restrictions when filing a California FBN?
A few words can’t be used in a Fictitious Business Name.
– Entity designators such as Corp, Corporation, LLC, Limited Liability Company, etc., unless the entity is registered as that type of entity with the California Secretary of State.
– Words such as Bank, Trust, Trustee, etc., can’t be used unless they are licensed to provide banking services.
– More generally, a name can’t include words that may mislead consumers about the nature of their business.
Can someone use my business name after registering a California DBA?
While registering your Trade Name will keep someone else from registering the exact same name in California, it does very little to stop someone else from operating a business under that name in other states.
If stopping others from using your business name is important, you can protect it through a federal trademark through the U.S. Patent & Trademark Office.
Learn more about trademarking a business name
Does a DBA need an EIN?
An EIN or Employer Identification Number (also informally called a business tax ID number) is a unique nine-digit number that some businesses will need. An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
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