Legal Question in Real Estate Law in California
Fictitious Business Name
Can someone who owns a house but, does not live in it, use that address for his fictitious business name?
The house is a residential rental but, zoned for business.
3 Answers from Attorneys
Re: Fictitious Business Name
Sure; they own the house and can get mail sent there, if they're willing to risk the tenant messing with it.
Re: Fictitious Business Name
In general, unless there is a statute requiring a certain procedure, you can do what you wish as long as it is not done to cheat or mislead others, take something that is not yours, etc. Mr. Nance is correct that you must consider your tenant interfering with that mail and that there would be a delay in your getting the mail until you go over there.
Re: Fictitious Business Name
The form and contents of a fictitious business name statement are prescribed by law. See Business and Professions Code section 17913.
To summarize the law, if you are an individual or a general partner, you will have to provide BOTH the address of your principal place of business AND your residence address.
Using an address of convenience such as a house you own but neither reside in nor do business at is violating the law.
The form goes on to state, right above where you'll be signing it:
"I declare that all information in this statement is true and correct. (A
registrant who declares as true information which he or she knows to be false is guilty of a crime.)" Specifically, it is perjury.
Remember that one of the main purposes of requiring people to register their fictitiously-named business is so that they can be found when something goes wrong, like a lawsuit needing to be served. Sorry, there's noplace to hide.