Change in Business Practices in Response to COVID19

The Calaveras County Clerk-Recorder is providing services by appointment only, please visit https://clerkrecorder.calaverasgov.us to make an appointment.  To the extent possible, we will assist via phone and e-mail. Please contact the County Clerk-Recorder’s office at (209) 754-6372, or e-mail us with any questions or concerns.

 

Fictitious Business Name (FBN) Filing Information

Any person or entity who regularly transacts business, under a fictitious name, in the County of Calaveras is required to file a Fictitious Business Name Statement with the Clerk-Recorder within 40 days of first transacting business. The filing is for consumer protection and is a requirement under law (B&P Code § 17900-17930).

A Fictitious Business Name is a name that does not include the surname of an individual owner. If a corporation or LLC is not using the same name as registered with the California Secretary of State, then the name is fictitious (B&P Code § 17900).

A Fictitious Business Name Statement is a public record and is open for public review. Be certain the information in the statement is correct and complete before filing it. PLEASE NOTE: All information on a Fictitious Business Name Statement, including the residence address, will be published in a local, adjudicated newspaper.

 After filing, you will receive a certified copy of the statement along with publication instructions. 

For More Information Select From the List Below

How To File

There is $30.00 filing fee. The filing fee includes one business name and one registrant name.  There is an additional $5.00 fee for each additional business name or registrant name.  The online application can be found here.

By E-Mail:

E-mail requests are processed within (two) 2 business days.  To e-mail your form, complete the online application, print and sign the form.  Email a scanned image of the signed completed form email us here. In your e-mail state the method of payment and provide your phone number.  If you wish to pay by credit card.  Staff will contact you to process payment.  If you choose to mail in your payment your FBN will not be filed until payment is received.

Please email us if have any questions. 

By Mail:

Mailed-in requests are processed within (five) 5 business days. To mail in a paper application, use the online application. You must download and print your completed FBN, have the appropriate person sign the FBN with wet ink, and mail in your form with payment. You may call to pay by credit card or send a check or money order with your mailed-in application. 

By Drop Box:

Drop box are processed within (two) 2 business days.  The drop box is located in the hallway next to the Recorder's Office. Use the online application. You must download and print your completed FBN, have the appropriate person sign the FBN with wet ink, and submit your form with payment. You may call to pay by credit card or send a check or money order with your submitted application.

Additional Business Names

You may have additional business names or variations on the same application if the entities are doing business at the same location.

There is an additional $5.00 filing fee per additional business name at the time of the initial filing.

Publishing Requirements

Within 30 days after a fictitious business name statement has been filed with the County Clerk, the statement shall be published in a newspaper of general circulation in the county where the fictitious business name statement was filed. The newspaper selected for the publication of the statement should be one that circulates in the area where the business is to be conducted. The statement must be published once a week for four consecutive weeks with at least five days between each date of publication. An affidavit of publication shall be filed within 30 days after the completion of the publication.

If a renewal is required because the prior statement has expired, the renewal need not be published unless there has been a change in the information required in the expired statement, provided the refilling is filed within 40 days of the date the statement expired (B&P Code 17917Govt. Code 6064).

Address Requirements

Street address of principal place of business and county must be listed (corporations/limited liability companies must include address as set out in its articles of incorporation on file with the Secretary of State and the state of incorporation/organization).

All owners and their residence addresses must be listed.  State law requires a physical address for the place of business and each owner's place of residence.  For the residence address, use the street address, not a mailing address.

Corporation or Limited Liability Requirements

If you are filing as a Corporation or Limited Liability Company, you must be registered with the California Secretary of State. 

The address of the Limited Liability Corporation (LLC) must be the same as listed in the articles of organization on file with the California Secretary of State.

The registered owners of the fictitious business name must be the same name as the corporation or Limited Liability Company. The registered owners of a Limited Partnership must be the general partners. Do not list Limited Partners or the Limited Partnership as the registered owner.

The statement must be signed by a corporate officer (B&P Code 17914) and their title. Generally, the following titles fall into the category of a corporate officer. Examples include, but are not limited to:

CEO (Chief Executive Officer), CFO (Chief Financial Officer), President, Vice President, Secretary, Treasurer, Managing Member, Officer or Manager