Regulations on DBA in California

"Doing Business As"

A business must obtain a doing business as name (DBA) if it intends to operate under a name different from its "legal" business name. According to the U.S. Small Business Administration, a business's legal name is the name of the person or entity that owns the business. If John Smith and Bill Smith start a partnership, the name of the business is the John Smith and Bill Smith Partnership. If the partnership wants to operate under a different name---such as one that better describes the nature of the business---it must comply with the state laws governing DBAs. In California, the business must comply with Business and Professions Code 17918.

Under California law, entrepreneurs desiring to operate under a name other than the business's legal name must file a fictitious business name (FBN) statement in the county clerk-recorder office. The proper office to file the statement in is the county-clerk recorder office in the county where the business has its principal place of business. If the principal place of business is in Los Angeles, for example, then the business must file the FBN in the Los Angeles County Registrar-Recorder/County Clerk Office.

California law requires FBN statements to be filed 40 days prior to the business start date. In addition, the statement must contain the street address of the principal place of business, list the residential addresses of all the owners and be signed by the owners. The business must publish notice of the name in a newspaper of regular circulation in the county for four consecutive weeks; publication must begin within 30 days of filing.

Prior to filing an FBN statement, the business should search the business records at the Clerk-Recorder's office to ensure that the name has not already been taken. Not every clerk-recorder office branch has name search capabilities; owners should contact the office before conducting a search. Additionally, California FBNs expire in five years (as of 2011). To preserve the fictitious name, a business must re-file an FBN statement prior to the expiration date. To ensure compliance with all relevant laws and procedure, an owner should consult a business law attorney before proceeding.