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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38315
Experience:  30 years in civil, probate, real estate, elder law
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Im starting a Real Estate investing business, My business

Customer Question

Hello Im starting a Real Estate investing business, My business name is ***** ***** I have purchased the domain name already and i just want to know if this is a safe name to use how do i figure this out. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.Check with county clerk here to see if anyone has that fictitious name in your county(dba).

Here is a sample for San Diego.

https://arcc.sdcounty.ca.gov/pages/fbn-info.aspx

If not one has the name you can then register it in your county as Fictitious business name(dba).

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Read this to see if you need to register it or not.

The Definition of Fictitious Business Name is:

A business name that DOES NOT include the surname of the individual owner, AND EACH of the partners or the nature of the business is not clearly evident by the name.

For example:

Doing business under a name like:

Eisenberg & Yandall Associates
or
Eisenberg & Yandall Sons

would require a Fictitious Business Name be registered, even though the surname of the owner is stated, the words following the surname suggest other owners that are not specifically named.

HOWEVER, doing business under a name like:

Teresa Fiske Plumbing

would NOT require a Fictitious Business Name be registered, because the owner (Teresa Fiske) is conducting business under her legal name.

In the case of a corporation, a Fictitious Business Name is ***** ***** OTHER than the EXACT corporate name as stated in the articles of incorporation.