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Fictitious Business Name


Definition

Any business name that does not include the last name of all the individuals who own the business, or a business name that suggests the existence of additional owners, such as the words company or association, is considered a fictitious business name. In the case of a corporation, a fictitious business name is any name other than the corporate name stated in its articles of incorporation. No fictitious business name may include the words "corporation," "Inc.," "incorporation," or "Corp.," unless it is a corporation registered with the Secretary of State.


Persons Required to File

Every person who regularly transacts business in this state for profit under a fictitious business name must file.


When to File

The statement must be filed not later than forty (40) days from commencement of business. For corporations and limited liability companies, state filed Articles of Incorporation must be included.


Where to File

File with the County Clerk in the county of your principal place of business. In San Joaquin County, fictitious business name statement forms may be obtained from and filed with:

San Joaquin County Recorder/County Clerk
44 North San Joaquin Street
Suite 260
Stockton, CA 95202
(209) 468-3939

Mon - Fri 8:00am - 4:00pm

Completed applications may be mailed to this office. Publication instructions and your certified copy will be returned by mail.

 


Fees

There is a $32.00 fee for filing the statement, plus $6.00 for each additional fictitious name and partner name. One free certified copy is given to the registrant at filing.


Expiration of Fictitious Business Name Statement

The statement expires at the end of five years from the date it was filed with the County Clerk.


Abandonment and Withdrawal

Forms and information regarding abandonment and withdrawal from a fictitious business name may be obtained by clicking the links below, or from the Recorder/County Clerk's Office
Statement of Abandonment of Use of Fictitious Business Name 

Statement of Withdrawal From Partnership Operating Under Fictitious Business Name
 


Penalty for Not Filing

No action in the name of your fictitious name may be maintained in court until all filing requirements are completed.


Publication of Statement

Within thirty (30) days of the filing of the statement, the applicant is required to have the statement published. Local Newspaper Listing  


Duplication of Fictitious Names

The legislation was not intended to eliminate duplication or similarity of fictitious names. The Recorder/County Clerk has no authority to not file on grounds that the same or a similar name is already on file. It is recommended that you review the Fictitious Business Name Index to insure that the name you choose has not already been registered.


Click here to view the Fictitious Business Name form in PDF format





Recorder/County Clerk Office

44 North San Joaquin Street
Second Floor Suite 260
Stockton, CA 95202
Phone: (209) 468-3939
Fax: (209) 468-8040