County Clerk-Recorder

Fictitious Business Name Statements

Fictitious Business Name Statement forms are available from, and filed at, the Clerk-Recorder's Office. People starting a new business in the county may wish to search the business names on file when considering their business name.

We do not check to see if the name is already on file, nor do we prevent someone from filing a duplicate or similar name. It is the responsibility of the owner to conduct a search to determine if the name is in use. Click here to search our database.

Who Needs To File a Fictitious Business Name Statement?

• Individuals with a business name that does not include the surname of the individual or a name that suggests the existence of an additional owner.
• Partnerships or other associations of persons with a name that does not include the surname of each general partner or a name that suggests existence of an additional owner, such as "Company" or "Associates", and for a limited partnership, any name other than the name as on file with the Secretary of State.
• Corporations with a name not stated in its articles of incorporation.

Personal Identification Required

(d) At the time of filing of the fictitious business name statement, the registrant or agent filing on behalf of the registrant shall present personal identification in the form of a California driver's license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant or agent filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity statement. (B & P 17913)

If you have questions or would like more information, please refer to the California Business & Professions Code beginning with Section §17900.

Application:
Printable Fictitious Business Name Statement Application

Publication
Within 45 days from the date of filing, the registrant shall start publishing the statement in a newspaper of general circulation (FBN Statement Publishing Requirements), in the county in which the principal place of business is located, once per week for four successive weeks. Within 45 days of the completion of the publication an affidavit shall be filed with the Stanislaus County Clerk. Renewals that have no changes from the previous statement do not require publication as long as the requirements referenced in Business and Professions Code Section 17917 have been met.

Expiration
The Fictitious Business Name Statement expires five years from the date of filing, 40 days after any change in fact (except change of address of individual, general partner or trustee), or upon abandonment of name.

Abandonment
A person, upon ceasing to transact business may file a statement of abandonment. The statement shall be published in the same manner as a fictitious business name statement and an affidavit showing its publication shall be filed with the county clerk after the completion of publication. For a statement of abandonment, click here

Withdrawal of a General Partner
A partner, who is leaving a business, may file a statement of withdrawal with the county clerk. The statement of withdrawal from the partnership operating under a fictitious business name shall be published in the same manner as the fictitious business name statement and an affidavit showing the publication of the statement shall be filed with the county clerk after the completion of the publication. For a withdrawal of partnership, click here.

Fees
For the fee for filing a Fictitious Business Name Statement see the Fee Schedule

Frequently Asked Questions

Does it matter if another business has the same name?

The Clerk will file any appropriately completed fictitious business name statement. Thus, there may be more than one person(s) with the same fictitious business name. However, Business and Professions Code §14411 states "The filing of any fictitious business name statement... shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement." Our office is not staffed to search records, but the public is welcome to come in and do a name search at no cost.

Do we have to publish in the newspaper?

Yes, in a Stanislaus County newspaper of general circulation, in the area you're conducting business (see list below), once a week for four (4) consecutive weeks. Fees vary with each newspaper.

For a listing of newspapers of general circulation in Stanislaus County and other key contact information about filing a fictitious business name statement, click here