Abandonment of a Fictitious Business Name Statement
Purpose: The make available to the public a statement by persons or business entities no longer doing business under a previously filed fictitious business name. The Statement of Abandonment must be filed on an active Fictitious Business Name Statement. When filing an Abandonment for an FBN statement that contains multiple business names, the customer may abandon one or more of those business names. Publication is required. The FBN statement expires when the registrant files a Statement of Abandonment.
Business and Professions Code 17922
(a) Upon ceasing to transact business in this state under a fictitious business name that was filed in the previous five years, a person who has filed a fictitious business name statement shall file a statement of abandonment of use of fictitious business name. The statement shall be executed in the same manner as a fictitious business name statement and shall be filed with the county clerk of the county in which the person has filed his or her fictitious business name statement. The statement shall be published in the same manner as a fictitious business name statement and an affidavit showing its publication shall be filed with the county clerk after the completion of publication.
(b) The statement shall include:
- The name being abandoned and the street address of the principal place of business.
- The date on which the fictitious business name statement relating to the fictitious business name being abandoned was filed, the file number, and the county where filed.
- In the case of an individual, the full name and residence address of the individual.
- In the case of a husband and wife, the full name and residence address of both the husband and the wife.
- In the case of a general partnership, a limited partnership, copartners, a limited liability partnership, a joint venture, or an unincorporated association other than a partnership, the full names and residence addresses of all of the general partners.
- In the case of a corporation, the name and address of the corporation as set forth in its articles of incorporation on file with the California Secretary of State.
- In the case of a trust, the full name and residence address of each of the trustees.
- In the case of a limited liability company, the name and address of the limited liability company as set forth in its articles of organization on file with the California Secretary of State.
- In the case of state or local registered domestic partners, the full name and residence address of each domestic partner.
B&P Code 17924 Section
- "Your fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished.." The statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917)
- "Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930)."