Posted on: October 18th, 2014
Open up a recent edition of The Business Journal and you will see fictitious business names like Country Baby Diaper Service, Double R Nuts, or Julian’s Munch Box (really, look them up!). But have you ever wondered what a Fictitious Business Name is or whether your business needs one?
A Fictitious Business Name is a legal term for a form of registration required of businesses in certain situations at the county clerk’s office. It is required when you are doing business under an assumed name. It allows the public to be able to identify the persons doing business under the fictitious name. I can’t wait to find out who is behind Don’t Tell Mom Tattoo!
For an individual, a Fictitious Business Name is required if your last name is not included in the name of the business or if the name suggest that there are additional owners (such as “ & Company” or “& Associates”). For example, if James Johnson wanted to start a business called “Famous Fresno Pies,” he would need to file a Fictitious Business Name Statement with the county clerk’s office. However if he wanted it to be called James Johnson’s Pies, he would not need to file because his last name is in the business name. For a corporation, a Fictitious Business Name is required if the name you want to use is not stated in the articles of incorporation.
Once the Fictitious Business Name is filed with the county clerk, it must be published in a newspaper once a week for four consecutive weeks and an affidavit of the publication must be filed with the county clerk within 30 days after publication.After you file, your Fictitious Business Name registration will be good for five years before it must be renewed.
The process isn’t difficult and certainly does not require an attorney. So go ahead and get creative like Gorilla Snott Herbal Collectives!