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Fictitious Business Names
Fictitious Business Names (FBN) are filed with the clerk of the county where the principal place of business is located. Registrant's may file additional statements in other counties if they choose.
Process to secure your Fictitious Business Name:
- Search the FBN index online for availability of the FBN in this county.
- File your FBN Statement.
- Pay current FBN Filing Fees.
- Publish a certified copy of your filed statement in a Yolo County newspaper within 45 days of your filed FBN Statement.
Exclusive right to use a Fictitious Business Name 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.
Responsibility of the Clerk-Recorder
The Yolo County Clerk-Recorder's Office serves only as a depository of the names filed in Yolo County and does not accept any responsibility for any omissions, similarities, or duplications among FBNs on file. Each California county maintains an index for their county. You may contact each county for an in-depth search.
Every person who regularly transacts business in Yolo County for profit, under a fictitious business name is required to file a FBN Statement, no later than forty (40) days from business commencement.
- 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.
- Corporation, a fictitious business name is any name other than the exact corporate name as stated in the articles of incorporation.
- Limited Partnership, any name other than the name of the partnership on file with the Secretary of State.
- Limited Liability Company, any name other than the name stated in its articles of organization.
Who is not required to file:
- Nonprofit Organizations or Associations such as fraternal and charitable organizations, churches, hospitals, or labor unions, see Business and Professions Code 17911.
- Real Estate Investment Trusts having an authorized agent on file with the Secretary of State.
- The registrant shall file the FBN statement in the county where the principal place of business is located.
- A Registrant may file additional FBN statements in other counties if they choose.
- If the registrant has no place of business in this state, the registrant should file with the Clerk of Sacramento County.
- File in-person or by mail-in request:
- To file in-person, complete the Self-Service Online Application. Fees are collected at our service counter and three certified copies are provided to you.
- To file by mail-in request, complete the printable form and enclose the following items for processing:
- Sign your completed FBN Statement with your original (wet) signature.
- Insert a Self-Addressed Stamped Envelope so we may return to you your three certified copies after filing.
- Visit FBN Filing Fees and enclose preferred method of payment:
- Credit Card Authorization Form or check or money order payable to "Yolo County Clerk-Recorder".
- The address must be the same for all businesses if there are two or more business names on the same statement.
- The street address of the principal place of business is required.
- The business mailing address may be provided if different from the principal place of business address.
- Registrants' business mailing address is now acceptable pursuant to Business & Professions Code 17913.
- The registrant shall file in a newspaper of general circulation in the county in which the principal place of business is located.
- The statement is published one time per week for four successive weeks. The newspaper will send the County Clerk proof of publication.
Newspapers of general circulation in Yolo County (fees vary):
WOODLAND DAILY DEMOCRAT
Email: legals@dailydemocrat.com
Website: www.dailydemocrat.com
Phone: (530) 406-6223
DAVIS ENTERPRISE
Email: legals@davisenterprise.com
Website: www.davisenterprise.com
Phone: (530) 747-8061
WINTERS EXPRESS
Email: legals@wintersexpress.com
Website: www.wintersexpress.com
Phone: (530) 747-8061
NEWS-LEDGER
Email: legals@mpg8.com
Website: www.mpg8.com
Phone: (916) 371-8030
Abandonment
A person, upon ceasing to transact business in this state under a fictitious name, must: file a statement of abandonment.
Withdrawal of Partnership
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.