Legal Question in Business Law in California

It occurred to me while filing for a fictitious business name online that I could just use any random name or address because no ID is necessary and I doubt anything is ever verified. Although I don't mind using my name and address if necessary, I'm curious about whether it is alright to use a name other than my own, and maybe a private mail box (not a PO Box but one styled with a street address and suite #).

Would I be able to legally register a DBA name to some random name, after my pet or to a generic title like "Responsible Party"? What about having a lawyer serve as a nominee? And would I be able to open a bank account using a DBA not registered to my name?


Asked on 3/01/13, 8:47 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Actually, I didn't know that fictitious business names could be filed over the Internet, but why not? I'd be sure you are really doing business with the county clerk, and not some scamster. The filing requirements are rather formal and should not be taken lightly.

However, as to the accuracy of the information you give, False declarations are a crime. See Business and Professions Code section 17913.

I would advise you to take the fictitious business name filing requirements very seriously. It isn't worth MickeyMousing around with it. Among other things, if people can't find you because of an inaccurate filing, you could miss an opportunity to defend yourself in a lawsuit and suffer some pretty severe consequences when finally tracked down by someone's collection agency, or the cops.

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Answered on 3/01/13, 9:25 pm


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