Frequently Asked Questions

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1. Who must file a Fictitious Business Name (FBN) Statement and why?

In the case of a business owned by an individual, a "fictitious business name" is any name that does not include the last name (surname) of the owner, or which implies additional owners (such as "Company," "and Company," "and Sons," "Associates," etc.)

Examples:

• "Will Smith Catering" is not a Fictitious Business Name.
• "Smith and Company Catering" is a Fictitious Business Name.

In the case of a corporation, limited liability company or limited partnership, a fictitious business name is any name other than the exact name that is on record with the Secretary of the State’s Office.

California law requires that FBN’s are filed at the County level; there is no State-wide registry or national registry.

2. Can I use a P.O. Box for an address?

A post office box does not satisfy the requirement of "street address" or "residence address."  However, a P.O. Box may be used in addition to the required address under “mailing address”.

3. How do I go about filing an FBN statement?

An FBN statement can be filed in person or by mail by completing an application. An application can be obtained in our office lobby or from our website.  https://humboldtgov.org/1991/Fictitious-Business-Name-Statement

4. Can I come in and file for someone else?

Yes, as long as you bring in a complete application signed (original signature) by the owner(s).

5. What happens if I don’t publish in an adjudicated newspaper of general publication?

Your filing will expire 30 from the date you filed and you will need to file again and pay the fees.

6. Can I make changes to my FBN after I file?

Yes, changes can be made to the filing such as business address, owner’s address or to add an additional owner(s) name(s).  However, these changes are considered a new filing and the same Fees and requirements for publishing apply.

7. Is this where I get my business license?

No, business license/permit is obtained through the City Hall where the business is located or the Tax Collector for county license/permit.

8. Does filing my Fictitious Business Name Statement prevent anyone else from using the business name I've registered?

No. The County Clerk is mandated to accept and file any fictitious business name statement completed correctly and submitted with the appropriate fee. The County Clerk does not verify or check the availability of fictitious business name prior to filing. It is the responsibility of the registrant(s) filing the statement to conduct his/her/their due diligence through all sources to ensure he/she/they is(are) not infringing on another’s rights. When a dispute arises out of the use of a fictitious business name, it is a legal matter that may be resolved through the judicial system and not handled by our office.