FICTITIOUS BUSINESS NAME NOTICE

(California Business & Professions Code §§ 17900 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (Not Applicable)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title.
FICTITIOUS BUSINESS NAME NOTICE (the “Notice”).

1.2 Parties.
(a) Registrant(s): [LEGAL NAME OF REGISTRANT] (“Registrant”).
(b) County Clerk: [NAME OF CALIFORNIA COUNTY] (the “County Clerk”).

1.3 Effective Date.
This Notice is effective as of [EFFECTIVE DATE] (the “Effective Date”).

1.4 Governing Law & Jurisdiction.
This Notice shall be governed by, and construed in accordance with, the laws of the State of California, specifically Cal. Bus. & Prof. Code §§ 17900 et seq. Venue for any action concerning this Notice shall lie exclusively in the state court of competent jurisdiction located in [COUNTY], California.

1.5 Recitals.
WHEREAS, Registrant intends to conduct, or is conducting, business in the State of California under the fictitious business name set forth herein; and
WHEREAS, pursuant to Cal. Bus. & Prof. Code §§ 17915–17917, Registrant must file a fictitious business name statement and publish the same;

NOW, THEREFORE, Registrant files and publishes this Notice and undertakes the obligations set forth below.

2. DEFINITIONS

For purposes of this Notice, each capitalized term below has the meaning assigned.

“Applicable Law” means Cal. Bus. & Prof. Code §§ 17900–17930 and all regulations and ordinances promulgated thereunder.

“Business Address” means the street address where Registrant conducts or will conduct business in California: [ADDRESS].

“DBA” means the fictitious business name: [FICTITIOUS BUSINESS NAME].

“Expiration Date” has the meaning given in Section 3.4.

“Filing Date” means the date the County Clerk accepts the Fictitious Business Name Statement.

“Publication Period” means four (4) consecutive weeks of publication in a newspaper of general circulation within the county where the principal place of business is located.

3. OPERATIVE PROVISIONS

3.1 Filing.
(a) Registrant shall file a Fictitious Business Name Statement (“FBN Statement”) with the County Clerk within forty (40) days after commencing business under the DBA.
(b) Registrant shall provide the following in the FBN Statement:
(i) DBA;
(ii) Business Address;
(iii) Registrant’s full legal name(s) and residence or principal place of business;
(iv) Type of entity (individual, partnership, LLC, corporation, etc.);
(v) Whether Registrant has begun transacting business under the DBA and, if so, the date business commenced;
(vi) Signature by an authorized person.

3.2 Publication.
Registrant shall publish this Notice once a week for the Publication Period, the first publication to occur no later than thirty (30) days after the Filing Date. Proof of publication shall be filed with the County Clerk within thirty (30) days after the completion of the Publication Period. Cal. Bus. & Prof. Code § 17917.

3.3 Abandonment or Discontinuance.
If Registrant abandons or ceases to transact business under the DBA, Registrant shall file a Statement of Abandonment with the County Clerk within forty (40) days thereof and publish the abandonment notice in accordance with Applicable Law.

3.4 Expiration & Renewal.
The FBN Statement expires five (5) years from the Filing Date or forty (40) days after any material change (e.g., change of Registrant, address, or entity type), whichever occurs first (“Expiration Date”). Registrant must file a new FBN Statement before the Expiration Date to continue lawful use of the DBA. Cal. Bus. & Prof. Code § 17920.

3.5 Fees & Consideration.
Registrant shall pay all statutory filing fees, publication costs, and any ancillary charges imposed by the County Clerk or the newspaper of general circulation.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority.
Registrant represents that it possesses full legal power and authority to adopt and use the DBA in California and, if an entity, that its signatory is duly authorized to execute this Notice.

4.2 Non-Infringement.
Registrant represents that the DBA does not infringe on any registered or common-law trademark, service mark, or trade name.

4.3 Accuracy.
Registrant warrants that all information provided in the FBN Statement and this Notice is true, correct, and complete as of the Effective Date.

4.4 Survival.
The representations and warranties set forth in this Section 4 survive the Expiration Date and any abandonment until the statute of limitations under Applicable Law expires.

5. COVENANTS & RESTRICTIONS

5.1 Compliance Covenant.
Registrant shall comply with all Applicable Law related to fictitious business names, including timely renewal, publication, and notice of changes.

5.2 Notice of Change.
Registrant shall file an amended FBN Statement and republish this Notice within forty (40) days of any change to the DBA, Registrant’s legal status, or Business Address.

6. DEFAULT & REMEDIES

6.1 Events of Default.
The following constitute default:
(a) Failure to timely publish;
(b) Failure to timely renew;
(c) Submission of false or misleading information.

6.2 Cure Period.
Registrant shall have ten (10) business days following written notice from the County Clerk to cure any default, unless a shorter period is mandated by Applicable Law.

6.3 Remedies.
Upon failure to cure, the County Clerk may:
(a) Reject or strike the FBN Statement;
(b) Refer the matter for prosecution of misdemeanor violations;
(c) Seek injunctive relief preventing further use of the DBA.

6.4 Attorneys’ Fees.
In any action arising out of or relating to this Notice, the prevailing party is entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

8. DISPUTE RESOLUTION

8.1 Governing Law.
See Section 1.4.

8.2 Forum Selection.
Exclusive forum is the Superior Court of California, [COUNTY] County.

8.3 Arbitration.
Not applicable.

8.4 Jury Waiver.
Not applicable.

9. GENERAL PROVISIONS

9.1 Amendments.
Any amendment must be executed in writing by Registrant and filed with the County Clerk.

9.2 Assignment.
Registrant may not assign rights or obligations under this Notice except as permitted under Applicable Law.

9.3 Severability.
If any provision is held invalid, the remainder shall remain in full force.

9.4 Entire Notice.
This Notice, together with the FBN Statement and proof of publication, constitutes the entire understanding concerning the DBA.

9.5 Counterparts; Electronic Signatures.
This Notice may be executed in counterparts and by electronic signature, each of which is deemed an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Registrant executes this Notice as of the Effective Date.

ACKNOWLEDGMENT (optional)

State of California
County of ____________

On ___________ before me, _________________________, Notary Public, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same.

Witness my hand and official seal.
Signature ______________________ (Seal)