Register a DBA in California

What the law requires

California requires every person who regularly transacts business in the state for profit under a fictitious business name to file a fictitious business name (FBN) statement with the county clerk within 40 days of commencing business, and to refile after any change in the facts or upon expiration.

"Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a) File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business. (b) File a new statement after any change in the facts, in accordance with subdivision (b) of Section 17920. (c) File a new statement when refiling a fictitious business name statement." — Cal. Bus. & Prof. Code § 17910

Where filings go

FBN statements are filed with the county clerk of the county of the registrant's principal place of business in California; registrants with no place of business in the state file with the Clerk of Sacramento County. There is no statewide Secretary of State FBN registry.

"A fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state or, if the registrant has no place of business in this state, with the Clerk of Sacramento County." — Cal. Bus. & Prof. Code § 17915

Publication requirement

Within 45 days after filing, the registrant must publish the statement in a newspaper of general circulation in the county of filing (once a week for four successive weeks per the county clerk form language referencing Gov. Code § 6064), then file an affidavit of publication with the county clerk within 45 days after publication is complete. A timely refiling of an expired statement with no changed information need not be republished.

"Within 45 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. ... (d) An affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 45 days after the completion of the publication." — Cal. Bus. & Prof. Code § 17917; see also § 17924(a)(1)

How long it lasts

Five years from the date of filing with the county clerk, unless it expires earlier: 40 days after any change in the facts set forth in the statement, or upon filing a statement of abandonment. Renewal: A new statement must be filed before expiration (refiling); a refiling within 40 days of expiration need not be republished if the information is unchanged (§ 17917(c)).

"(a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in the office of the county clerk. (b) Except as provided in Section 17923, a fictitious business name statement expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913." — Cal. Bus. & Prof. Code §§ 17920, 17910(c)

Name restrictions

A fictitious business name may not include corporate indicators ('Corporation,' 'Corp.,' 'Incorporated,' 'Inc.') unless the registrant is a corporation, or LLC indicators ('Limited Liability Company,' 'LLC,' 'LC') unless the registrant is an LLC; the county clerk must reject violating statements.

"(a) No person shall adopt any fictitious business name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” unless that person is a corporation organized pursuant to the laws of this state or some other jurisdiction. (b) No person shall adopt any fictitious business name that includes “Limited Liability Company” or “LLC” or “LC” unless that person is a limited liability company organized pursuant to the laws of this state or some other jurisdiction. ... (c) A county clerk shall not accept a fictitious business name statement which would be in violation of this section." — Cal. Bus. & Prof. Code § 17910.5

Entities and assumed names

Registered entities take DBAs through the same county-level FBN chapter (§ 17900(b)(3)-(5)). Separately, a foreign corporation whose name is not available in California may qualify only by agreeing with the Secretary of State to transact intrastate business under an alternate name disclosed to and used with the Secretary of State.

"No foreign corporation having a name which would not be available pursuant to subdivision (b) of Section 201 to a new corporation organized under this division shall transact intrastate business in this state or qualify to do so ... unless ... (2) the Secretary of State finds ... that the public is not likely to be deceived, and the foreign corporation agrees that it will transact business in this state under an alternate name disclosed to the Secretary of State and that it will use the alternate name in all of its dealings with the Secretary of State and in the conduct of its affairs in this state." — Cal. Corp. Code § 2106(b); see also Cal. Bus. & Prof. Code § 17900(b)(3)-(5)