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U.S. Small Business Administration
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In many states like California, business owners must use a DBA if they plan on operating their own business using a name different than the one registered with their business licensing authority. You must register your DBA within 40 days of the commencement of the business.
Preparing to Register Your DBA
Find out if you are required to register a DBA. Regardless of your business form (sole proprietor, partnership, corporation, or LLC), if you plan to operate your business under a name different than your real name or existing corporate name, then you need to register a DBA. For example, you might have registered your LLC with the California Secretary of State as “Everyday Car Rental, a Limited Liability Company.” However, if you want to add business activity, such as an automotive repair business, then you can use a DBA to keep the services distinct in the public’s eyes. Accordingly, you may want to run the repair business under the DBA “Essential Repairs.” If you operate a sole proprietorship that contains your surname (e.g., “Smith Accounting Services”) then you do not need to register a DBA.
Locate the correct office. There is no central registry of fictitious business names at the state level. As such, you must find and contact the city or county clerk/recorder’s office in the area where you conduct your business. To view a list of county clerks organized by county, click here.
Conduct a business name search. In most cases, you must search your county or city-wide index of fictitious business names to make sure the DBA you intend to file for is not already registered. In some cities, like San Diego, you can conduct this search online, by mail, or in person. To view an example of how to search online for San Diego County, click here. Pull down and select “Business Name” from the “Please Select” box. Then type your proposed fictitious name into the empty box and click “Enter.” Searches can be done in as little as 15 minutes.
Registering the DBA
Choose a method of registration. After locating the appropriate office, you may have the option of registering your fictitious business name online, in-person, or by mail. However, the availability of these options will depend on the office. You register by filing a “Fictitious Business Statement.” Be sure to bring the following information, which is required for registration: the DBA you seek to register, your business address, your contact information, and the first day of business. The clerk may require several copies to be filed. After certifying all copies, the clerk will keep the original and return the copies to you.
Pay the filing fee. The fee varies by county. For example, Alameda County charges $40, while San Diego County charges $42. You may be required to pay an additional fee for each additional owner or DBA listed on the statement.
File a name statement in the newspaper. After registering your DBA, you must file a fictitious business name statement in a newspaper. Specifically, you must publish the statement within 30 days after filing the statement, and it must be published in a newspaper of general circulation in the county where the business name was filed. The notice must appear once a week for four straight weeks. Contact the office where you filed your DBA registration to find a newspaper of general circulation. In most situations, the newspaper will charge a publication fee. The Santa Monica Daily Press, for example, charges $65.00 to publish an already filed DBA.
File an Affidavit of Publication. After publishing the notice, you must file an affidavit of publication as proof that you published your DBA. You must file the affidavit with the office where you registered your DBA. Some newspapers may file the affidavit on your behalf.
Renew. You must renew your DBA before it expires, which is typically within five years. You will have to file a new fictitious business statement with the appropriate office. You will not need to publish again unless you made changes to the statement.
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