17900. (a) (1) The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer any right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available […]
17901. As used in this chapter, “general partner” means: (a) In the case of a partnership, a general partner, as defined in Section 15901.02 of the Corporations Code. (b) In the case of an unincorporated association other than a partnership, a person interested in the business of the association whose liability with respect to the association is […]
17901.5. As used in this chapter, “manager” means a manager of a limited liability company. (Added by Stats. 1994, Ch. 1200, Sec. 3. Effective September 30, 1994.)
17902. As used in this chapter, “person” includes individuals, limited liability companies, partnerships and other associations, and corporations. (Amended by Stats. 1994, Ch. 1200, Sec. 4. Effective September 30, 1994.)
17903. As used in this chapter, “registrant” means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business. (Amended by Stats. 2007, Ch. 716, Sec. 2. Effective January 1, 2008.)
17905. The Sacramento County Board of Supervisors may, by resolution, designate another county officer to perform the duties of the county clerk pursuant to this chapter in and for the County of Sacramento. (Added by Stats. 2014, Ch. 201, Sec. 3. (SB 1462) Effective January 1, 2015.)
17910. Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a) File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business. (b) File a new statement after any […]
17910.5. (a) No person shall adopt any fictitious business name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” unless that person is a corporation organized pursuant to the laws of this state or some other jurisdiction. (b) No person shall adopt any fictitious business name that includes “Limited Liability Company” or “LLC” or “LC” unless that person is […]
17911. This chapter does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations. (Amended by Stats. 2007, Ch. 716, Sec. 4. Effective January 1, 2008.)
17912. This chapter does not apply to a real estate investment trust as defined in Section 23000 of the Corporations Code that has a statement on file, pursuant to Section 18200 of the Corporations Code, designating an agent for service of process or has qualified to do business under Chapter 21 (commencing with Section 2100) […]
17913. (a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form: FICTITIOUS BUSINESS NAME STATEMENT The following person (persons) is (are) doing business as * at ** : *** This business is conducted by **** The registrant commenced to transact business under […]
17914. The fictitious business name 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, […]
17915. A 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. This chapter does not preclude a person […]
17916. Presentation for filing of an original fictitious business name statement and one copy of the statement, with proper identification, accompanied by a completed and notarized affidavit of identity, if required by the county clerk, and other documents required in accordance with Section 17913, payment of the filing fee, and acceptance of the statement by […]
17917. (a) Within 45 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the […]
17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, […]
17919. (a) A fictitious business name statement may be executed, filed, and published by the trustee in bankruptcy at any time after bankruptcy where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the debtor or bankruptcy estate or the partnership […]
17920. (a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in the office of the county clerk. (b) Except as provided in Section 17923, a fictitious business name statement expires 40 days after any change in the facts set forth in […]
17921. Notice of the date of expiration shall be on the fictitious business name statement form. (Amended by Stats. 1983, Ch. 581, Sec. 3.)
17922. (a) Upon ceasing to transact business in this state under a fictitious business name that was filed in the previous five years, a registrant who has filed a fictitious business name statement shall file a statement of abandonment of use of fictitious business name. The statement of abandonment shall be executed in the same manner […]