Key takeaways
- File with the clerk of the county where your principal place of business is, within 40 days of starting to use the name.
- Publish the statement in a local newspaper within 45 days of filing, once a week for four weeks, then file the affidavit.
- A DBA lasts five years and registers a name only. It doesn't protect your personal assets.
If you do business in California under any name other than your own legal name, California requires you to file a Fictitious Business Name (FBN) statement, usually called a DBA, with the clerk of the county where your principal place of business is located. If you have no place of business in California, you file with the Sacramento County Clerk (Bus. & Prof. Code §§17910, 17915).
Where: Your county clerk (or clerk-recorder)
Cost: set by each county; check your county clerk's website
Deadline: within 40 days of starting to do business under the name (§17910)
Lasts: 5 years from filing, then you renew (§17920)
Do you need a DBA?
You need one if, for example:
- you're a sole proprietor using a name that doesn't include your surname ("Inland Empire Roofing" rather than "Maria Lopez Roofing"), or one that suggests other owners, such as "Lopez & Sons" or "Lopez and Company";
- a partnership uses a name that doesn't include every general partner's surname; or
- your LLC or corporation trades under any name other than the exact name in its articles on file with the California Secretary of State (Bus. & Prof. Code §17900).
A DBA does not create a company or protect you from personal liability. It only registers the name. See DBA vs LLC in California.
Step 1: Search the county index
Before you file, check that nobody in your county has already registered the same name. Search your county's fictitious business name index on the clerk's website.
Step 2: Fill in the FBN statement
You'll need: the business name, the business street address in the county (not only a PO box), each owner's full name and residence address, the type of business (individual, partnership, LLC, corporation and so on), and the date you started using the name.
Step 3: Pay the fee and file
Each county sets its own fee, with an extra charge for each additional business name or owner on the same statement. Keep your stamped copy; banks usually ask for it before opening a business account under the DBA name.
Step 4: Publish it in a newspaper
Within 45 days of filing, you must publish your FBN statement in a newspaper of general circulation in the county where you filed:
- once a week for four weeks in a row;
- with at least five days between publication dates.
Then, within 45 days after the last publication, file the newspaper's affidavit of publication with the county clerk (Bus. & Prof. Code §17917; Gov. Code §6064). Both windows were 30 days until 2023, so older forms and websites may still say 30.
If you refile an expired statement within 40 days of its expiry and nothing has changed, you don't need to publish again.
Ask the newspaper for its "legal notice" or "FBN publication" rate; prices vary a lot, so get two or three quotes. Many newspapers file the affidavit for you; confirm before you pay.
Step 5: Put the renewal in your calendar
An FBN statement expires 5 years after the date it was filed. It ends sooner if you file a statement of abandonment, or 40 days after any of the facts in it change, such as a new owner or address (Bus. & Prof. Code §17920). Use our DBA deadline calculator to work out your dates.
Timeline at a glance
| Step | Deadline | Rule |
|---|---|---|
| File the FBN statement | Within 40 days of first doing business under the name | §17910 |
| Start newspaper publication | Within 45 days of filing | §17917 |
| Publish | Once a week for four weeks in a row, at least five days apart | §17917; Gov. Code §6064 |
| File the affidavit of publication | Within 45 days after the last publication | §17917 |
| Renew | Before the statement expires, 5 years after filing, or sooner if the facts change | §17920 |
Common mistakes
- Waiting to file until the business is "official". The 40-day clock starts when you begin doing business under the name, not when you open a bank account or get a website.
- Filing in the wrong county. File where your principal place of business is, or with Sacramento County if you have no place of business in California.
- Forgetting the affidavit. Publishing isn't the last step. The newspaper's affidavit of publication must also reach the county clerk.
- Relying on old instructions. Some older forms and websites still say 30 days for publication and the affidavit. The current windows are 45 days.
- Letting changes slide. A new owner or a new address can end the statement 40 days after the change, so a new filing may be needed.
- Skipping the filing altogether. Under §17918, a business trading under an unfiled name can't bring a lawsuit on contracts made under that name until the statement has been filed and published. That can matter later if a customer doesn't pay.
Frequently asked questions
How long does it take to get a DBA in California?
The whole process usually takes at least a month. Filing with the county is one step, but the statement must then run in a newspaper once a week for four weeks in a row, and the newspaper's affidavit is filed after that. How fast the county processes the filing itself varies by county.
How much does a DBA cost in California?
Each county sets its own filing fee (for example, $90 in San Bernardino County and $26 in Los Angeles County), and newspaper publication is a separate cost that varies by paper, so get quotes. Check your county clerk's website for the current fee.
Do I need a DBA if I use my own name?
No, not if the name is your own legal name and doesn't suggest other owners. You do need one if the name leaves out your surname, or adds words like "& Sons" or "and Company". An LLC or corporation needs one if it trades under any name other than its exact registered name (§17900).
What happens if I don't file a DBA?
You may be unable to sue over contracts made under that name until you file and publish. Section 17918 bars a business trading under an unfiled fictitious name from bringing a lawsuit on those contracts until the statement is filed and published. Banks also usually ask for the stamped statement before they open an account in the DBA name.
Does a DBA give me the rights to a business name?
No. The statement itself must say that filing doesn't, on its own, authorize using a name in violation of someone else's rights under federal, state or common law (§17913). A DBA is a public record of who is behind a name in one county. It is not a trademark.
Do I have to publish again when I renew my DBA?
Not always. If you refile within 40 days of the old statement's expiry and nothing in it has changed, you don't need to publish again. If the facts have changed, that exception doesn't apply, so plan for a new statement and a new round of publication.
Can an LLC file a DBA?
Yes. An LLC that trades under a name other than its exact registered name files a DBA in the county of its principal place of business. See DBA vs LLC in California.
Sources
We use primary sources: statutes, court rules, official forms and government pages. Read our editorial standards.
- Business and Professions Code §17900, §17910, §17913, §17915, §17917, §17918, §17920
- Government Code §6064 (publication once a week for four weeks)
- County DBA fees: Los Angeles County, San Bernardino County