Fillable Form California DBA Application

What is a California DBA Application Form?

The California DBA Application also known as Fictitious Business Name (FBN) Statement and Affidavit of Identity is used by an individual or a business entity to make their identity available to the public.

This form is mandatory if you regularly do business in the state of California, under a business name. This form must be completed and filed before the owner of the business can actively seek damages from another in the name of the business.

It must be filed to the Registrar-Recorder/County Clerk's office in the county where the business will be located when the name of the business does not include the owner's last name.

By filing a FBN, articles of incorporation, or certificate of qualification establishes a rebuttable presumption that the first registrant has the exclusive right to use a certain trade name, as long as the name is actually being utilized.

Who needs to file the California DBA Application form?

In the State of California registration is necessary when:

• A sole proprietorship will be doing business under a name that does not contain the owner’s last name.
• A partnership or other association that will use a name that does not include the surname of each general partner or a name that suggests the existence of additional owners such as “Company,” “& Company,” “& Son,” “& Sons,” “& Associates,” “Brothers,” and the like.
• A limited partnership, corporation, or Limited Liability Company (LLC) will be doing business under a name not stated in the Articles of Incorporation or Articles of Organization filed with the California Secretary of State.

Reminder:

It is important to select a business name that is not already in use, does not closely resemble an existing business name, or misleads the public.

How to fill out a California DBA Application Form?

Before filling out the form, make sure that the information given is correct. Write as legible as possible to avoid errors. There must be no erasures or whiteouts. Strikeovers are acceptable if accompanied with initials.

Provide all the required information for the following:

1. Fictitious business name or names.

a. Enter the name.
b. Only those businesses operated at the same address and under the same ownership may be listed on one statement.

2. Location.

a. If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state.
b. If the registrant has no place of business in this state, insert the street address, and county of his or her principal place of business outside this state.
c. Mail Box and Post Office Box Numbers are not acceptable as a business address.

3. Registrant Information

a. If the registrant is an individual, insert his or her full name and residence address.
b. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage.
c. If the registrant is a general partnership, co -partnership, joint venture, limited liability partnership, or unincorporated association other than a partnership, insert the full name and residence address of each general partner. Two or more names must be listed as the registrants.
d. If the registrant is a limited partnership, insert the full name and residence address of each general partner.
e. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization.
f. If the registrant is a trust, insert the full name and residence address of each trustee.
g. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation.
h. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner.

4. The business is conducted by:

a. Indicate which of the terms best describes the nature of the business.

5. Date of business transaction.

a. Insert the date on which the registrant first commenced to transact business under the Fictitious Business Name or names listed, if already transacting business under that name or names.
b. If the registrant has not yet commenced to transact business under the Fictitious Business Name or names listed, mark the box “not applicable”.

Business and Professions Code Section 17914

1. The statement shall be signed as follows:

a. If the registrant is an individual, by the individual.
b. If the registrants are a married couple, by either party to the marriage.
c. If the registrant is a general partnership, limited partnership, limited liability partnership, copartnership, joint venture, or unincorporated association other than a partnership, by a general partner.
d. If the registrant is a limited liability company, by a manager or officer.
e. If the registrant is a trust, by a trustee.
f. If the registrant is a corporation, by an officer.
g. If the registrant is a state or local registered domestic partnership, by one of the domestic partners.

Business and Professions Code Section 17915

The 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. Nothing in this chapter shall preclude a person from filing a fictitious business name statement in a county other than that where the principal place of business is located, as long as the requirements of this subdivision are also met.

Business and Professions Code Section 17917

Publication for Original, New Filings (renewal with change in facts from previous filing), or Refile

1. Within 30 days after a fictitious business name statement has been filed, the registrant shall cause it to be published 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. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County. The publication must be once a week for four successive weeks and an affidavit of publication must be filed with the county clerk where the fictitious business name statement was filed within 30 days after the completion of the publication.
2. If a refiling is required because the prior statement has expired, the refiling need not be published, unless there has been a change in the information required in the expired statement, provided the refiling is filedwithin40 days of the date the statement expired.

Business and Professions Code Section 17922

The statement expires upon filing and publication of a statement of Abandonment.

Business and Professions Code Section 17923

The statement does not expire if a withdrawing partner files and publishes a statement of withdrawal and all other facts remain as originally filed.

Business and Professions Code Section 17930

Any person who executes, files, or publishes any statement under this chapter, knowing that such statement is false, in whole or in part, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000).

Where to file a California DBA Application Form?

There are three ways to file the form:

1. IN PERSON: Registrants will be required to present a completed FBN statement, show a valid government-issued identification, and complete an Affidavit of Identity form.
2. BY MAIL: Registrant will be required to submit a completed FBN statement and notarized Affidavit of Identity form. The notarized section can be substituted with a copy of government-issued identification
3. OTHER: Persons presenting FBN statement on behalf of the registrant must show a valid government-issued identification and submit the complete notarized Affidavit of Identity form. The notarized section can be substituted with a copy of government-issued identification.

How to fill out a Fictitious Business Name Statement?

1. Registrant Information Filing

• Fictitious Business Name
• Registrant Name
  • Print Full Complete Name (e.g. First, Middle, Last or Corp. /LLC) - As it appears in Section 3 of Statement
• Registrant Address
  • Residence Address if Corp. or LLC enter the physical address (No P.O. Box or Postal Mailbox Facilities)

Signature

• Sign to authorize the form.

2. By mail/Third Party

• A copy of a valid, government-issued identification may be submitted with your Fictitious Business Name Statement in lieu of completing this section in front of a Notary Public.
• Provide the county, name of the person appearing, the date, and the signature of the notary public.

3. Third-Party Filing

• Print name of the registrant.
• Print name of Authorized Agent.
• Date when signed.
• Signature

4. To be completed by Authorized Agent

• Agent Name
• Fictitious Business Name
• Date
• Signature of Authorized Agent