Recent changes in California law mean that those starting businesses must clear a few more hurdles when setting up or modifying business entities. A legislative amendment to the Business and Professions Code mandates that additional documentation is required when filing a fictitious business name statement.
The new documentation isn’t required in all California counties, however. Each county may choose whether or not to adopt these requirements. Though Los Angeles County businesses are affected, businesses in Orange County are not because Orange County hasn’t adopted the new rules.
We have a client that is doing business in Los Angeles. For personal liability protection and tax advantages offered by a small business S corporation, he incorporated his business in 2012. With the development of his business and certain specific brands, he decided it would be best for the corporation to utilize fictitious names to give each brand its own particular identity.
Ordinarily, all that would be required would be the filing of a fictitious business name statement in the county where he was doing business. In this case that would be Los Angeles County. However, it is not that simple anymore.
Los Angeles County now mandates that an affidavit of identity accompany fictitious business name statement filings. Once completed, there are 3 ways to submit the form. Note that, when submitted by mail, the affidavit of identity form must be notarized. For help specific to your business, contact a Los Angeles small business attorney.
See the video below to learn more.
Effective February 3, 2014, if the fictitious name statement registrant is a corporation or limited liability company, the Los Angeles County registrar/recorder County Clerk’s office will require an original certificate of status issued by the Secretary of State certifying the current existence in good standing of their business entity and shall be attached to a completed affidavit of an identity statement.
The certificate of status can be obtained from the California Secretary of State . The affidavit of identity is obtained from the Los Angeles County registrar/recorder clerk’s office here:
Please note that no additional fees are required when filing a fictitious business name statement in Los Angeles County.
