Fictitious Business Name Statements

Jim McCauley, County Clerk-Recorder-Registrar of Voters

Clerk-Recorder Office
2954 Richardson Drive
Auburn, CA 95603
(530) 886-5600
Fax: (530) 886-5687
E-mail: clerk@placer.ca.gov

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 23002 of the Govt. Code which have statements on file designating agent for service of process.

If you have questions or would like more information, please refer to the California Business & Professions Code beginning with Section §17900.

Application: 
Printable Fictitious Business Name Statement Application

Publication
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 the newspaper shall file an affidavit with the Placer County Clerk.  A renewal statement need not be re-published if there is no change from the previous application, if it was renewed within the prescribed time frame.

Expiration:
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.

Abandonment:
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, whose business classification was filed as a partnership, 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.

Fees:
The fee for filing a Fictitious Business Name Statement is $30.00 for the first business name including one owner on the statement, $5.50 for each additional business name and/or owner on the same statement at the same location.  Abandonment or Withdrawal of a Fictitious Name is $30.00 per business name or owner, and $5.50 for each additional business name or owner on the same statement.  The filing fee includes one certified copy.  Additional certified copies are $2.00. Make checks payable to the Placer County Clerk.  Publication fee will vary with newspaper.

Frequently Asked Questions:

Does it matter if another business has the same name?
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, or go to our online search.

What is the fee?
$30.00 for the first business name and owner on the statement.  $5.50 for each additional business name and/or owner.  The filing fee includes one certified copy.  Additional certified copies are $2.00.

Do we have to publish in the newspaper?
Yes, in a Placer 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.  Your first publication must appear in one of the newspapers listed bleow within 30 days from the date you filed your Fictitious Business Name statement with the County Clerk's office.  Contact the newspaer at least one week in advance of your 30-day deadline.

A publication must appear in the Public Notice section of any one of the court approved newspapers listed below.  The newspaper you choose from the list will publish the notice once a week for four (4) consecutive weeks.  At the end of that time, the newspaper will send our office a Proof of Publication affidavit.  The newspaper may also send you a  Proof of Publication notice for your records.  At this point, you have met the code requirements.

To publish, please contact GOLD COUNTRY MEDIA at (916) 774-7946 to choose one of the six newspapers listed below:

**If your business is located in the Tahoe area, you can contact the Tahoe World at:

Tahoe World 474 N. Lake Blvd. Suite 412 PO Box 139 Tahoe City, CA 96145 (530) 583-3488