Fictitious Business Name Statement (FBN)
Any person or entity who regularly transacts business, under a fictitious name, in Mono County is required to file a Fictitious Business Name Statement with the County Clerk within 40 days of first transacting business. The filing is for consumer protection and is a requirement under Business and Professions Code Sections 17900-17930 and 14411 – 14418, and Government Code Sections 6020 - 6027, 6040, and 6064; and is to ensure that consumers have access to the true name and mailing address of the owners of a business (B & P Code Section § 17920).
A Fictitious Business Name Statement is a public record.
California law requires that FBNs are filed at the County level; there is no Statewide or national registry. (If the registrant has no place of business within the State, the filing shall be with the Clerk of Mono County.)
Who should file a Fictitious Business Name?
- Persons doing business for profit under a fictitious name (does not include surname in business name).
- Non-profit corporations or organizations are not required to file.
- A business that has had a change in the facts set forward in the original filing, such as a change of ownership or status with the Secretary of State, must refile within 40 days of that change or the original filing will be considered expired.
A Fictitious Business Name is a one 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.
- “Sam Hunt Gardening” would not require a FBN to be filed because the owner (Sam Hunt) is conducting business under his own legal name. “Hunt and Company Gardening” would require a FBN be filed. Even though the surname is stated, the business name suggests that other owners are involved but not named.
In the case of a corporation, limited liability company, or limited partnership, a FBN is any name other than the EXACT name that is on record with the Secretary of State’s office.
Overview
Fees
One registrant name or a married couple: $20.00 (ONE Business name)
Additional Business names: $5.00 each
Additional registrant names: $5.00 each
Abandonment of FBN: $20.00
Certified copy of FBN: $2.00
We accept the following payment methods:
- Cash - (in person only and must be exact)
- Check
- Money Order
- Credit Cards - (in person)
Please make payments payable to Mono County Clerk.
We do note accept FBN Statement filings via email.
The County Clerk's Office does not issue Business Licenses. Contact the Mono County Treasurer-Tax Collector for more information.
Resale licenses / seller’s permits are issued by the State Board of Equalization.
Tax ID numbers are issued by the Franchise Tax Board.
Tips
Research the business name to see if it has already been taken or to look up your previous filing information. Email us at clerkrecorder@mono.ca.gov with a list of possible iterations, we can perform a perfunctory search and email the results to you.
Do not abbreviate proper names (of people, business names, places, or cities).
If a mistake is made on the application and has already filed with the Clerk of Mono County, you must refile; this includes paying all applicable fees, and republishing.
Publishing
The registrant must publish a statement in a newspaper of general circulation in the county in which the principal place of business is located once a week for four consecutive weeks. Publication must begin within 45 days of filing. A FBN Statement that has not been published within 45 days will expire and must be refiled, and fees repaid; failure to do so will invalidate the Fictitious Business Name Statement.
The Affidavit must provide the date of first publication. It is the responsibility of the registrant to ensure an affidavit of publication is submitted to the County Clerk's Office within 45 days of the last date of publication.
After publication is verified and meets all requirements, the Fictitious Business Name Statement is active for 5 years.
Renewal
It is the responsibility of the registrant to renew the Fictitious Business Name Statement within 40 days after the expiration date.
Renewal FBNs do not require publication IF both of the following conditions are met:
the renewal is filed no more than 40 days past its expiration date; AND
the business name / registrants being renewed are EXACTLY the same as the original filing.
If the Renewal FBN does not meet the above criteria, it is now considered a new filing, and publication will be necessary. (I.e. Hunt and Company Gardening is now Hunt and Company Gardening, LLC; Hunt and Co Gardening; Hunt and Sons Gardening; Hunt and Company Gardening and Landscaping, etc.)
Withdrawal/Abandonment
If you will no longer be conducting business and your FBN was filed within the last 5 years, you will need to file a Statement of Abandonment of the use of your FBN. The Abandonment shall be executed in the same manner as the filing and publication of a Fictitious Business Name Statement.
Requirements
- Owner must sign (corporate officer if corporation; manager or officer if limited liability company; general partner if partnership; trustee if trust).
- Street address of principal place of business and county must be listed (corporation/limited liability companies must include address as set out in its articles of incorporation on file with the Secretary of State and the state of incorporation/organization).
- If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk will require a Certificate of Status issued by the Secretary of State within the last 6 months, indicating the current existence and good standing of that business entity, no other state evidence will be accepted(screen shots will not be accepted). This can be obtained by going to the Secretary of State website at businesssearch.sos.ca.gov.
- All owners and their residence addresses or their mailing addresses must be listed.
- Effective January 1, 2015, pursuant to Senate Bill 1467, the Mono County Clerk-Recorder-Registrar of Voters will require an Affidavit of Identity form to accompany all Fictitious Business Name Statements (Original, Refile and New).
File an FBN Statement in Person
Complete application for Fictitious Business Name Statement online and bring the completed unsigned application with you in person during office hours. We highly recommend scheduling an appointment to ensure shorter wait times and allow time for processing. Be prepared to show government issued photo ID.
Application for Fictitious Business Name Statement
Call us at (760)932-5530 or email us at clerkrecorder@mono.ca.gov to schedule an appointment.
We are located at:
Bridgeport, CA 93517
File an FBN Statement by Mail
Complete application for Fictitious Business Name Statement, have the Affidavit of Identity notarized and mail with payment.
Application for Fictitious Business Name Statement
Mail to:
Mono County Clerk
P.O. Box 237
Bridgeport, CA 93517
The Affidavit of Identity must be notarized and included with your application, for the application to be valid. If the notarized affidavit sworn under the penalty of perjury is not included with your application, it will be rejected for being incomplete and will be returned to you without being processed.
Note: Filing an FBN Statement via Third Party - Persons presenting FBN statements on behalf of the registrant must show valid identification, and submit the completed notarized Affidavit of Identity and Agent form.