California Small Business Owners- You Might Need to Complete This Important Legal Step

dba new business small business sole proprietor Apr 11, 2022

What is a DBA?

What is the DBA, and does your business need it? To explain it simply, a DBA (“doing business as”), also known as a Fictitious Business Name Statement, is filed when the name of your business does not include your legal name.

Who Must File a DBA/FBN?

When the name of the business does not include the owner’s last name, this process is known as registering a “doing business as,” (DBA), a Fictitious Business Name (FBN), or a trade name. An individual or a business entity must file an FBN with the Registrar Recorder County Clerk’s Office in the county where the business will be located.

If you are a sole proprietor and you are selecting a business name that is different from your first and last name, you are required to file a DBA. Additionally, if you’re a partnership or an association that will use a name that does not include the surname of each general partner — or a name that suggests the existence of additional owners such as “…and Company, …and Sons,…and Associates” — you are required to file a DBA. You must also file a DBA if you’re a Limited Partnership Corporation or an LLC, and you’re going to be doing business under a name that is not stated in your Articles of Incorporation or your Articles of Organization; these are filed with the Secretary of State.

When to File?

The Fictitious Business Name Statement must be filed within 40 days of starting your business. The specific fee that is charged is dependent on the county in which you are filing. In order to file with your County Clerk Recorder, you must publish your DBA in a local, generally circulated newspaper. Your County Clerk Recorder can provide you with a list of acceptable publications, but you must contact those publications yourself in order to have your DBA published.

Does My DBA Expire?

So when does your DBA expire? It will expire either within five years or if you have changes that need to be made to your original filing — whichever one comes first.

Where to File?

Head to Cal Gold, and type in your specific city and your business industry. You are then going to see a list of all the permits and licenses your county and city require for your business — included in this list is going to be exactly where and how to file your DBA.