Legal Question in Business Law in California

DBA registered to generic title

Although it's probably illegal under CAL. BPC. CODE � 17913 : California Code - Section 17913 to use some random name or a nominee, would I be able to legally register a DBA/fictitious business name to something true but non-specific like "Responsible Party"? And do you think a generic title could make it through the submission process? My county in California allows online submission if this is noteworthy.

Importantly, would I be able to open a bank account with a valid Tax ID and certified copy of the fictitious business name registration even though it might not use my personal name? I just wanted it for banking purposes related to a small software business of mine and thought it would be nice if I could have a bit of extra privacy. I won't bother 'MickeyMousing' it if this is probably illegal or won't allow me to use the DBA for banking.

Thanks in advance to all willing to reply


Asked on 3/03/13, 9:53 pm

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

You need to register the name under which you are going to operate the business. If the name under which your business will be known to its suppliers, employees, customers, creditors, etc. happens to be "Responsible Party," then that's the name you'll need to register.

The whole purpose of the fictitious business name registration laws is to make it possible to identify the real person or persons who are running "XYZ," a fictitiously-named business, i.e., a business that is operating under a made-up name rather than under the true name(s) of the individual(s) or corporation(s) that run it.

Any registration that fails to provide a ready means of identifyingand locating who's running a business is probably in violation of the law.

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Answered on 3/04/13, 9:01 pm


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