Legal Question in Business Law in California

I am cancelling and dissolving a California LLC because it's going out of business. My LLC has a fictitious business name on file with my county that was filed a year ago. My question is: Do I have to file a Statement of Abandonment on this name or can I ignore it and it'll automatically expire?

I am going to be very technical because I'm not sure how to interpret this law: I think the law says the fictitious name statement expires AUTOMATICALLY if there is ANY change of fact on the statement besides residence address. So wouldn't the fact that my LLC will completely cease to exit and not do any business under this fictitious name (or any name for that matter) be an enough "change" to make this fictitious name statment automatically expire on its own without me having to file a statement of abandonment?


Asked on 9/07/09, 7:22 pm

1 Answer from Attorneys
Cian Mitsunaga Mitsunaga Law Firm, P.C.

I would recommend that you immediately file a Statement of Abandonment. Even if the fictitious business name does indeed expire, it is in your best interest to make sure that you provide notice to the general public of its expiration.This achieves the purpose of immediately providing notice to any prospective creditors that the business under the fictitious business name is no longer operating under such name.

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Answered on 9/14/09, 2:56 pm


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