California real estate disclosure laws California Real Estate Disclosures | Page 74

F. Fictitious Business Name (DBA)
Every individual or entity that regularly transacts business for profit in
California under a fictitious business name must file a fictitious business
name statement no later than 40 days after commencing business.
The statement, in a form prescribed by law, must be filed with the county
clerk of the county of the principal place of business in the state, or if there
is no place in the state, then in Sacramento.
The statement must be published in a newspaper of general circulation in the
county where publication of the notice is intended and an affidavit of
publication is to be filed with the appropriate county clerk within 30 days
after publication.
A “fictitious business name” is:
•

A name that does not include the surname of the individual owner, or a
name that suggests there are any additional owners;

•

A partnership name that does not include the surnames of all general
partners, or a name that suggests additional owners;

•

A corporate name other than that stated in the Articles of Incorporation
for the corporation.

(CAL. BUS. & PROF. § 17900 et. seq.)

G. Notice of Other Government Agencies
The buyer should be informed of other government agencies which should
be contacted for permits and clearances. These include, but are not limited
to:
•

Internal Revenue Service for employer identification number for federal
withholding taxes;

•

State Department of Benefit Payments regarding state payroll tax
withholding;

•

State Department of Industrial
compensation insurance; and

•

Other county and municipal agencies for local licenses, permits, and
information about various local requirements for operating a business.

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