Availability

• A business name availability check must occur prior to registering a fictitious business name in California. This will ensure that the proposed fictitious name is not too similar to an entity that already exists in the state. A fictitious business name search can be done in person at the city or county clerk's office, online using the city or county clerk's website or by mail. The search method will vary based on the city or county where the fictitious business name filing will occur. A name inquiry letter may be sent to the California secretary of state to ensure that no corporation, limited liability partnership or limited liability company in the state is using a similar business name. The name inquiry letter should be sent to 1500 11th St., 3rd Floor, Sacramento, CA 95814.
  
  

Filing

• Under California law, a fictitious business name filing must occur within 40 days of starting a business. The fictitious name filing must occur in each city or county where the company conducts business. The fictitious business name application will request the principal address of the company, the name and home address of each business owner, as well as the company's proposed fictitious business name. The fee to file a fictitious business name will vary depending on the California city or county where the business is located.
  
  

Publication

• Fictitious business names in California must be published in a newspaper that is located in the same county as the business. The fictitious business name must be published in at least one newspaper, and the publication must appear for four consecutive weeks. The state of California requires a fictitious name publication to occur within 30 days of filing the fictitious business name with the city or county clerk's office. The affidavit of publication, which serves as proof that the fictitious name publication requirements have been satisfied, must be filed with the city or county clerk's office where the business is located. The cost to publish a fictitious business name will vary based on the newspaper where the publication appears.
  
  

Considerations

• A California fictitious business name expires five years from the time of the company's filing with the city or county clerk. A company may continue to use the fictitious business name beyond five years by filing a renewal with the California city or county where the business operates. The state of California does not impose publication requirements on a fictitious business name renewal. The renewal fee will vary based on the city or county clerk's office where the company operates.