When should I apply for my DBA?
Continuing the last post’s discussion of the fictitious business name (FBN – or, colloquially, the DBA for “doing business as”), this post is prompted by a client’s question as to when his company should apply for its fictitious business name.
California Business & Professions Code Section 17910(a) states that a Fictitious Business Name Statement must be filed within 40 days of the time when the FBN first was used by the registrant to conduct business in the state.
The Statement is filed with the County Clerk in the county where the registrant’s principal place of business is located in the state, or in Sacramento County if there is no such place (Business & Professions Code Section 17915). In addition, if the registrant wishes, FBN Statements can be filed in other counties.
After the FBN Statement is filed, it must be published in a newspaper of general circulation once per week for four successive weeks (Business & Professions Code Section 17917; Government Code Section 6064).
The process is not difficult, and there is a statutory incentive to do things right: No lawsuit may be brought based on a contract or transaction entered into under the FBN until the filing and publication procedures have been complied with (Business & Professions Code Section 17918).
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Follow-up: As noted by Staci Riordan on the Fashion Law Blog, when you choose a fictitious business name, you should think about whether to register the name as a trademark or service mark.
Related post: What If I No Longer Need My DBA?
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.
Dana Shultz is a business-savvy lawyer located in Northern California's San Francisco Bay Area (in the East Bay, near Oakland) who has in-depth knowledge of law, business, technology, and the needs of startup and early-stage companies.