Fictitious Business Name Information

Requirements to File

While a business license is not required in Plumas County, every person who regularly transacts business in this state for profit under a fictitious business name must file. Businesses within the city limits of the City of Portola must contact the city clerk to obtain a city issued business license. Nonprofit corporations or associations or charitable organizations may not need to file. Corporations do not file unless doing business under a name other than the corporate name. If filing as a corporation, page one of the Articles of Incorporation must be provided with the filing.

Definition

A fictitious business name is the name of a business that does not include the surname (last name) of all the individuals who own the business, or a business name that suggests the existence of additional owners, such as the words company or association. In the case of a corporation, a fictitious business name is any name other than the corporate name stated in its articles of incorporation.

No fictitious business name may include the words "corporation," "Inc.," "incorporation," or "Corp.," unless it is a corporation registered with the Secretary of State.

When to File

The statement must be filed not later than 40 days from commencement of business.

Where to File

File with the County Clerk of the county of your principal place of business. In Plumas County, the Fictitious Business Name Form (PDF) with Information and Code Sections (PDF) may be obtained from and filed with the Plumas County Clerk - Recorder. Completed applications may be mailed to this office. Three copies will be returned. The certified copy is for your bank. One copy is for publication in the newspaper and the remaining copy is for your records.

Fees

There is a $20 fee for filing the statement, plus $5 for each additional fictitious name and partner name. One free certified copy is provided to the registrant at filing. Additional certified copies are $2.75 each.

Expiration of Fictitious Business Name Statement

The statement expires at the end of five years from the date it was filed with the County Clerk-Recorder. If you renew your FBN prior to the expiration, publication of the re-file is not required.

Abandonment & Withdrawal

Forms and information regarding abandonment and withdrawal from a fictitious business name may be obtained from the County Clerk-Recorder's Office.

Penalty for Not Filing

No action in the name of your fictitious name may be maintained in court until all filing requirements are completed.

Publication of Statement

Within 30 days of the filing of the statement, the applicant is required to have the statement published.

Duplication of Fictitious Names

The legislation was not intended to eliminate duplication or similarity of fictitious names. The County Clerk-Recorder has no authority to reject a Fictitious Business Name Statement based on the same or a similar name is already on file. It is recommended that you review the Fictitious Business Name Index at the County Clerk-Recorder's office to insure that the name you choose has not already been registered.