Navigating the business world can be complex, especially when understanding the legal aspects of operating under a different company name. In California, a DBA (doing business as) or fictitious business name allows businesses to use an alternate name while maintaining legal compliance. This offers branding flexibility and enables companies to enter into contracts and open bank accounts under their chosen name.
This comprehensive guide will walk you through every step of registering a fictitious business name in California, from initial name selection to renewal requirements.
What is a DBA?
A DBA is an alternate name that you may choose for your business. You may also hear it referred to as a fictitious business name (FBN), fictitious name, or trade name. It is not a separate legal entity, merely a method for businesses to operate under a different name than their legal one. This lets businesses enter into contracts, open separate bank accounts, and perform other essential tasks under their chosen name.
Who must register a DBA in California?
Under California law, sole proprietors, partnerships, limited liability companies, and corporations must file a DBA if they plan to operate under a different name. A sole proprietor must file a DBA if he or she does not intend to use his or her surname or if the business name suggests other unnamed owners, e.g., "Smith & Sons."
For-profit businesses must register their DBAs, while nonprofit corporations and unincorporated real estate investment trusts are exempt from this requirement.
How to register a DBA in California
The process of registering a DBA in California involves four essential steps.
Step 1: Choose a compliant DBA name
Your chosen DBA name must comply with California naming requirements:
- Must be distinguishable from existing DBAs in your county
- Should accurately reflect your business activities
- Cannot suggest additional owners who don't exist
- Must be in English or include an English translation
- Does not include restricted words like "bank," "insurance," or "corporation" without proper licensing for those industries
- Does not include profanity or offensive language
Step 2: Check your name’s availability
Before registering a DBA, you need to check the availability of your preferred name. Here are some steps to follow:
- Search state and local databases to find the required information.
- Contact the county government for additional details.
- Conduct a business name search through the Secretary of State's website.
- Search for FBN filings on individual county websites.
The California Secretary of State offers enhanced online services for verifying the availability of a DBA. At bizfileOnline.sos.ca.gov, you can submit a name reservation online and renew it as necessary. You can also use the Secretary of State's website to search for existing business entities in California.
Step 3: Complete the FBN statement
Once you’ve confirmed the availability of your preferred DBA name, the next step is to file an FBN statement for your respective county or city. This form must be submitted with the necessary signatures to the city or county office itself.
The form must be notarized by an officer, partner, member of the company, or the owner. The filing fees for registering vary by county, and additional costs may be incurred for publication requirements. Here’s an overview of costs for various counties:
- Los Angeles County: $26 for the first business name, $5 for each additional name
- San Diego County: $54 for the first business name, $5 for each additional name
- Orange County: $23 for the first business name, $7 for each additional name
- San Francisco County: $67 for the first business name, $17 for each additional name
- Alameda County: $40 for the first business name, $7 for each additional name
Step 4: Publish your DBA in a newspaper and file proof of publication
California law requires publication of your DBA in a newspaper of general circulation within the county where your business is located.This publication must occur once a week for four consecutive weeks.
Once the publication is complete, you must obtain the county clerk's signature on the affidavit from the publication within 30 days of the last publication. If the magazine does not give testimony to the county clerk, there may be consequences, so staying on top of this requirement is essential.
Publication costs can vary widely depending on the county and specific publication. Generally speaking, you should expect to spend anywhere between $75 and $200 for publication of your DBA.
How to get professional help with your DBA
If you’re feeling unsure about the process of registering your fictitious name, LegalZoom’s DBA service can make it easier. We can help you with all required steps, including searching for available names, filling out paperwork, and completing your publication requirement. Our premium service also includes a month of unlimited 30-minute consultations with a business attorney for everything from document review to legal advice on next steps from your business.
FAQs about California DBAs
How long does it take to register a DBA in California?
The timeline can vary depending on the individual processing time at your county clerk’s office and factors such as how long you wait to begin your publication requirement. All in, you should expect the process to take around 6–10 weeks, factoring in the required 4-week newspaper publication period, plus time for affidavit preparation and filing.
Can I register a DBA online in California?
Yes, most major California counties offer online DBA filing, including Los Angeles, San Diego, Orange, San Francisco, and Alameda counties.
How long is a California DBA valid?
A California DBA registration is valid for exactly 5 years from the filing date. There is no automatic renewal. Instead, you must re-file the entire registration process before expiration to continue operating under the fictitious name.
What happens if I don't register a required DBA?
Operating under a fictitious business name without proper registration is a misdemeanor in California. You may face fines, be unable to enforce contracts, have difficulty opening business bank accounts, and encounter problems with business licensing.
Can I register multiple DBA names on one application?
Yes, you can register multiple fictitious business names on a single FBN statement in most California counties for an additional fee.
Do I need a DBA if I use my full legal name?
Sole proprietors don't need a DBA if they operate under their full legal surname. However, if you add words like "Company," "& Associates," or anything that suggests additional owners, you must register a DBA.
Can I change my DBA name after registration?
To change your DBA name, you must file a new FBN statement with the updated name, complete the publication requirements, and pay all associated fees. This is essentially the same process as registering a new DBA.
What's the difference between a DBA and a trademark?
A DBA is a local name registration that allows you to operate under a fictitious name in California. A trademark provides broader protection for your business name, logo, or brand across multiple states and can prevent others from using similar names in your industry.
Can I register a DBA in multiple California counties?
Yes, if you conduct business in multiple counties, you must register your DBA in each county where you operate. Each county requires a separate filing and publication process.
Sam Eichner contributed to this article.
