Legal Question in Business Law in California
Can a middle name be used in a business name to avoid requirement to register a business name with the county fictitious name filing dept for Orange County, CA.
For example John Evan Burdock wants to use the business name of Evan Speedy Auto Repair. Would he need to use his first name or last name, to qualify as adequate identification with his private person, or can he use any portion of his name, for example E Speedy Auto Repair, and still be immune from requirements to register that business name as fictitious with the local county?
1 Answer from Attorneys
To avoid the fictitious business name filing requirement, the business name must include the surname (last name, family name) of the owner and must not suggest the existence of additional owners. See Business and Professions Code section 17900(b)(1). Therefore, "Burdock Speedy Auto Repair" need not be filed with the county, but "Evan Speedy Auto Repair" or "Burdock & Doe Speedy Auto Repair" would have to be filed, assuming the business is a proprietorship and not a corporation or LLC.
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