Fictitious Business Name Statement forms are available from, and filed at, the Clerk-Recorder's Office. These are public documents kept on file until they expire or are abandoned. People starting a new business in the county may wish to search the business names on file when considering their business name.
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 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 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.
- Organizations not defined as fictitious business names and not required to file a statement are non-profit groups or associations such as churches, hospitals, labor unions, fraternal and charitable organizations, etc. and real estate investment trusts with permits under Section 17911 of the B & P Code which have statements on file designating agent for service of process. These are filed in the County Clerks Office located at address above.
If you have questions or would like more information, please refer to the California Business & Professions Code beginning with Section §17900.
Printable Fictitious Business Name Statement Application [PDF]
Within thirty days from the date of filing, the registrant shall start publishing the statement in a newspaper of general circulation (see list below), in the county in which the principal place of business is located, once per week for four successive weeks. Within 30 days of the completion of the publication an affidavit shall be filed with the Stanislaus County Clerk. A renewal statement need not be re-published if there is no change from the previous application.
The Fictitious 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.
A person, upon ceasing to transact business in this state under a fictitious name, may file a statement of abandonment, publish same and the newspaper will file an affidavit with the county clerk.
Withdrawal of a General Partner
A partner, who is leaving a business, may file a statement of withdrawal with the county clerk. Publication is not required if dissolution of the partnership has been published pursuant to the Corporation Code. If published, an affidavit shall be filed with the clerk.
The fee for filing a Fictitious Business Name Statement see Fee Schedule
Frequently Asked Questions
Q. Does it matter if another business has the same name?
A. 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. The newspaper will send us a Proof of Publication. Fees vary with each newspaper. Below are the local news papers:
Newspapers Of General Circulation In Stanislaus County
|The Modesto Bee
1325 “H” St
PO Box 5256
Modesto, CA 95352
2940 4th St
Ceres, CA 95307
6622 3rd St
PO Box 887
Riverbank, CA 95367
122 S 3rd Ave
PO Box 278
Oakdale, CA 95361
138 S Center St
Turlock, CA 95380
26 North 3rd St
Patterson, CA 95363
P.O. Box 130
Hughson, CA. 95307
Waterford, CA 95386
West Side Index
Newman, CA 95360