California DBA (Fictitious Business Name): How to File and Why
If you run your business under a name other than your own legal name or your entity’s exact registered name, California requires you to file a Fictitious Business Name Statement, usually called a DBA or FBN. The filing goes to a county, not the state, and it costs far less than the problems it prevents. This guide covers who needs a California DBA, the filing steps and deadlines, what a DBA does not do, and how it compares with forming an LLC.
Disclaimer: This article is informational content, not legal or tax advice. Consult a qualified attorney or CPA before deciding how to name or structure your business, especially if you have partners, investors, or a complex setup.
Who Needs a California DBA?
Business and Professions Code 17900 defines who must file. You need a fictitious business name statement if you do business under a name that falls into one of these groups:
- An individual whose business name does not include the individual’s surname, or whose name suggests additional owners, such as “& Sons,” “& Associates,” “Company,” or “Brothers.” Words that only describe the business, like “Auto Repair” or “Design Studio,” do not count.
- A general partnership whose name does not include the surname of every general partner.
- A corporation using any name other than the exact name in its articles of incorporation.
- An LLC using any name other than the exact name in its articles of organization.
Here is how this works in practice. If John Smith runs “Smith’s Auto Repair,” he does not need a DBA, because the name includes his surname and suggests no other owners. If he runs “Smith & Sons Auto Repair,” he does, because the name suggests other owners. “Golden Gate Auto Repair” also requires one, because it does not include his surname.
A corporation or LLC that uses a different name files a DBA in addition to its Secretary of State registration. The DBA does not replace the entity filing.
Step by Step: How to File a DBA in California
Step 1: Search for name conflicts
Start with the California Secretary of State business search. The SOS checks entity names only against entities of the same type, so it does not catch conflicts with other fictitious names or with trademarks. Also search your county’s fictitious business name index, and search federal trademarks before you spend money on signage, a logo, or a website under the name.
Step 2: File the statement with the county clerk
File with the county clerk-recorder in the county where your principal place of business is. If you have no place of business in California, file in Sacramento County. You must file within 40 days after you start doing business under the name (Business and Professions Code 17910 and 17915).
The statement lists the name, the business address, each registrant, the entity type, and the date you started. You sign it under penalty of perjury (17913). Some counties accept online or mail filings. Los Angeles County also requires a notarized Affidavit of Identity with each statement, so confirm the requirements with your county clerk before you file.
Step 3: Publish the statement in a newspaper
After filing, publish the statement in a newspaper of general circulation in the county, once a week for four successive weeks. Publication must start within 45 days after filing (17917(a); Government Code 6064). Some county clerks state a shorter window, so follow the deadline your county gives you and start early. Orange County states that a missed 45-day window causes the statement to expire.
Newspaper prices vary by paper and by county, so request quotes from newspapers that qualify to publish in your county. Publication is a separate cost from the filing fee.
Step 4: File the affidavit of publication
Once publication ends, file the affidavit of publication with the county clerk within 45 days after the publication period ends (17917(d)). Keep a file-stamped copy with your business records.
Step 5: Renew or update before it expires
A fictitious business name statement expires five years after filing. It also expires 40 days after any change in the facts it reports, such as a new address or a new owner, so file an updated statement before that date (17920). If you stop using the name, file a statement of abandonment to end it earlier.
What a California DBA Costs
The state statute sets the base fee at $10 for the first name and owner, plus $2 for each additional name or owner on the same statement (Business and Professions Code 17929). Counties charge more, and fees vary by county. For one name and one registrant, examples include Los Angeles $26, San Diego $54, Orange $23, San Bernardino $90, and Tehama $31, where Tehama charges $5 for each additional name. Fees vary by county, so check with your county clerk before you file. Add the newspaper publication cost on top.
Why the Filing Matters
Two consequences make the filing more than a formality:
- You cannot sue on a contract made under the name until the statement is filed and published (17918). If a customer does not pay, you cannot bring that lawsuit until both steps are complete.
- Restricted words are off limits. A name cannot include “Corp.,” “Inc.,” “Incorporated,” or “Corporation” unless you are a corporation, and it cannot include “LLC” or “Limited Liability Company” unless you are an LLC (17910.5). The county clerk will refuse a name that breaks this rule.
What a DBA Does Not Do
A DBA is a narrow filing, and owners often overestimate what it provides. It does not:
- Register a trademark or stop others from using the name. Only a trademark does that.
- Reserve the name statewide.
- Form a legal entity or give you liability protection. A sole proprietor with a DBA remains personally liable for the business’s debts.
- Change your taxes. A sole proprietor still reports business income on Schedule C.
- Serve as a business license or a seller’s permit.
Banks usually ask for the filed statement when you open a business account under the name, so keep a file-stamped copy.
California DBA vs. LLC: Which Do You Need?
A DBA and an LLC answer different questions. A DBA controls the name you use with customers. An LLC creates a separate legal entity. Many owners who form an LLC also file a DBA when they operate under a name other than the LLC’s exact registered name.
The main California costs for the two entity options are below:
| Item | LLC | Corporation |
|---|---|---|
| Formation document and filing fee | Articles of Organization (Form LLC-1), $70 | Articles of Incorporation, $100 |
| Required report | Statement of Information (Form LLC-12), $20, due within 90 days of filing, then every two years | Statement of Information (Form SI-550), $25, due within 90 days of filing, then every year |
| Franchise tax | $800 minimum annual franchise tax from the first year for LLCs organized or registered 2024 through 2026 | A newly incorporated or qualified corporation owes no $800 minimum in its first taxable year |
An LLC also owes an LLC fee once California-source total income reaches $250,000. That fee is $900 at $250,000, $2,500 at $500,000, $6,000 at $1,000,000, and $11,790 at $5,000,000. An LLC whose first taxable year begins in 2027, 2028, or 2029 may pay a lower first-year amount of $400 under RTC 17941(g)(2), so confirm the figure with the Franchise Tax Board. California does not allow a domestic series LLC, and an LLC cannot provide a licensed professional service, so licensed professionals use a professional corporation instead.
A DBA alone gives you no liability protection. If you have employees, sign contracts with meaningful exposure, or want a separate entity for tax or liability reasons, talk with an attorney and a CPA before you choose. For a solo operator with low exposure, a DBA may be enough to start.
Other Registrations to Check
A DBA does not cover the rest of your paperwork. California has no general statewide business license, and the Secretary of State issues none. Check these instead:
- Seller’s permit: If you sell taxable goods, register with the California Department of Tax and Fee Administration at cdtfa.ca.gov. The seller’s permit is free, and it is not a business license. The statewide sales tax base is 7.25%, and city rates with district taxes run from 7.25% to 11.75%.
- Employees: Register with the Employment Development Department if you hire employees.
- Local business tax: Most cities charge a local business tax or registration certificate. 445 of 483 cities report revenue from one, but there is no common formula, so check with your city.
- Professional licenses: State boards license regulated trades and professions. For example, the Contractors State License Board sets the contractor license threshold at $1,000. Confirm the rules for your trade with the board that governs it.
Next Steps
- Search the Secretary of State database, your county’s fictitious business name index, and federal trademarks.
- Confirm whether you need a DBA under one of the four categories above.
- Get your county clerk’s current fee schedule and filing requirements, and request a newspaper publication quote.
- File within 40 days of starting to use the name, and start publication within 45 days of filing.
- Calendar the affidavit deadline (45 days after publication ends) and the five-year expiration date.
For official guidance, see the Secretary of State’s fictitious business names page and the California Small Business Development Center network, which offers business advising across the state.
Final note: This content is informational, not legal or tax advice. For complex situations, consult a qualified attorney or CPA.