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This is a question SPECIFIC to California. PLEASE DO not…

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Hi, this is a question SPECIFIC to California. PLEASE DO not take this if you cannot answer using the laws and codes of California.I am looking for California references that guide the use of Fictitious Business Names, Trade Names and DBA's.The California Business and Professions codes, section 17911 excludes non-profits,I want to find out what California codes would guide the use of Fictitious Business Names, Trade Names, and DBAs for a California not-for-profit Mutual Benefit Corporation.In addition to the explanation/briefing, I will need the state references.Thank you
Submitted: 4 months ago.Category: Business Law
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12/9/2017
Business Lawyer: Edward Young,
 replied 4 months ago
Edward Young
Category: Business Law
Satisfied Customers: 346
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Business Lawyer: Edward Young,
 replied 4 months ago

A California DBA is also known as a fictitious business name in California. In California, registration of a fictitious business name is ***** ***** for for-profit businesses:

"BUSINESS AND PROFESSIONS CODE - BPC

DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18001]

( Division 7 added by Stats. 1941, Ch. 61. )

PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17930]

( Part 3 added by Stats. 1941, Ch. 63. )

CHAPTER 5. Fictitious Business Names [17900 - 17930]

( Chapter 5 added by Stats. 1970, Ch. 618. )

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 change in the facts, in accordance with subdivision (b) of Section 17920.

(c) File a new statement when refiling a fictitious business name statement.

(Amended by Stats. 2007, Ch. 716, Sec. 3. Effective January 1, 2008.)”

[emphasis added]

Some corporations want to operate with a name not stated in the Articles of Incorporation. If this is your case and you still want to register a fictitious business name for your non-profit, you must file it in the county in which the principal place of business is located. Please check with the county for specific requirements. See http://www.sos.ca.gov/business-programs/business-entities/faqs/#form-question4

If you tell me what county you live in, I can research the requirements for you. Fictitious Business Names are ***** ***** in the county where the business is located. State-wide registries do NOT exist.

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 4 months ago
Hi Edward, Thank you for your response. I am already familiar with the "17910" reference you quoted.What I am looking for are the California codes that govern how a non-profit or not-for profit can use a Fictitious Business name.For example, they don't have to register one but can still use one. However, the state limits how it is used. For example I beleive a non-for-profit cannot use a non-registered Fictitious business name for anything legal, like making a binding contract.This is the area of codes I am looking for.Best...
Business Lawyer: Edward Young,
 replied 4 months ago

Ok, now I understand. I will look some more and get back to you.

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Business Lawyer: Edward Young,
 replied 4 months ago

There are few rules and regulations governing the use of a fictitious name by nonprofit names in California. I have enclosed a link to the California Attorney General’s Guide for nonprofits and you will find that fictitious names are ***** ***** once: http://ag.ca.gov/charities/publications/guide_for_charities.pdf .

As a general rule, nonprofits can do what regular corporations can do when they comply with the rules that regular corporations do. If you want to enter into contracts with a fictitious name, register it like regular corporations do.

If you have a specific question about a specific activity that your nonprofit wants to engage in, you can always contact the California Secretary of State for guidance. Here is their contact information: http://www.sos.ca.gov/administration/contact-information/ .

Please go ahead and rate me. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one.

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Customer reply replied 4 months ago
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