| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2679Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Sections 17917, 17918, and 17924 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2679, as introduced, Fong. Fictitious business names: statements: publication.Existing law requires a person who regularly transacts business in this state for profit under a fictitious business name to file a fictitious business name statement within 40 days of commencing to transact business. Existing law requires the registrant, within 30 days after filing, to cause a statement to be published in a newspaper of general circulation, as prescribed, and to file with the county clerk an affidavit showing the publication of the statement. Existing law provides that the same publication and corresponding affidavit requirements are used upon ceasing to transact business under a fictitious business name and filing a statement of abandonment of use of fictitious business name, and withdrawing as a general partner and filing a statement of withdrawal from a partnership operating under a fictitious business name, as specified. Existing law also authorizes a county clerk to accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrants identification, as specified, for purposes of filing fictitious business name statements, as provided.This bill would authorize those publication and corresponding affidavit requirements to be fulfilled through publication online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed continually for 4 weeks, if that county clerk elects to provide that service, and, if that online publication method is selected, require the county clerk to create and file an affidavit showing the publication of the statement. The bill would also provide that the registrant has within 60 days after filing to meet those publication and corresponding affidavit requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17917 of the Business and Professions Code is amended to read:17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication.SEC. 2. Section 17918 of the Business and Professions Code is amended to read:17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter.SEC. 3. Section 17924 of the Business and Professions Code is amended to read:17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2679Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Sections 17917, 17918, and 17924 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2679, as introduced, Fong. Fictitious business names: statements: publication.Existing law requires a person who regularly transacts business in this state for profit under a fictitious business name to file a fictitious business name statement within 40 days of commencing to transact business. Existing law requires the registrant, within 30 days after filing, to cause a statement to be published in a newspaper of general circulation, as prescribed, and to file with the county clerk an affidavit showing the publication of the statement. Existing law provides that the same publication and corresponding affidavit requirements are used upon ceasing to transact business under a fictitious business name and filing a statement of abandonment of use of fictitious business name, and withdrawing as a general partner and filing a statement of withdrawal from a partnership operating under a fictitious business name, as specified. Existing law also authorizes a county clerk to accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrants identification, as specified, for purposes of filing fictitious business name statements, as provided.This bill would authorize those publication and corresponding affidavit requirements to be fulfilled through publication online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed continually for 4 weeks, if that county clerk elects to provide that service, and, if that online publication method is selected, require the county clerk to create and file an affidavit showing the publication of the statement. The bill would also provide that the registrant has within 60 days after filing to meet those publication and corresponding affidavit requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2679 |
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| 15 | 15 | | Introduced by Assembly Member FongFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Fong |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to amend Sections 17917, 17918, and 17924 of the Business and Professions Code, relating to business. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2679, as introduced, Fong. Fictitious business names: statements: publication. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law requires a person who regularly transacts business in this state for profit under a fictitious business name to file a fictitious business name statement within 40 days of commencing to transact business. Existing law requires the registrant, within 30 days after filing, to cause a statement to be published in a newspaper of general circulation, as prescribed, and to file with the county clerk an affidavit showing the publication of the statement. Existing law provides that the same publication and corresponding affidavit requirements are used upon ceasing to transact business under a fictitious business name and filing a statement of abandonment of use of fictitious business name, and withdrawing as a general partner and filing a statement of withdrawal from a partnership operating under a fictitious business name, as specified. Existing law also authorizes a county clerk to accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrants identification, as specified, for purposes of filing fictitious business name statements, as provided.This bill would authorize those publication and corresponding affidavit requirements to be fulfilled through publication online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed continually for 4 weeks, if that county clerk elects to provide that service, and, if that online publication method is selected, require the county clerk to create and file an affidavit showing the publication of the statement. The bill would also provide that the registrant has within 60 days after filing to meet those publication and corresponding affidavit requirements. |
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| 30 | 30 | | Existing law requires a person who regularly transacts business in this state for profit under a fictitious business name to file a fictitious business name statement within 40 days of commencing to transact business. Existing law requires the registrant, within 30 days after filing, to cause a statement to be published in a newspaper of general circulation, as prescribed, and to file with the county clerk an affidavit showing the publication of the statement. Existing law provides that the same publication and corresponding affidavit requirements are used upon ceasing to transact business under a fictitious business name and filing a statement of abandonment of use of fictitious business name, and withdrawing as a general partner and filing a statement of withdrawal from a partnership operating under a fictitious business name, as specified. Existing law also authorizes a county clerk to accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrants identification, as specified, for purposes of filing fictitious business name statements, as provided. |
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| 32 | 32 | | This bill would authorize those publication and corresponding affidavit requirements to be fulfilled through publication online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed continually for 4 weeks, if that county clerk elects to provide that service, and, if that online publication method is selected, require the county clerk to create and file an affidavit showing the publication of the statement. The bill would also provide that the registrant has within 60 days after filing to meet those publication and corresponding affidavit requirements. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 17917 of the Business and Professions Code is amended to read:17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication.SEC. 2. Section 17918 of the Business and Professions Code is amended to read:17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter.SEC. 3. Section 17924 of the Business and Professions Code is amended to read:17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 17917 of the Business and Professions Code is amended to read:17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication. |
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| 46 | 46 | | SECTION 1. Section 17917 of the Business and Professions Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication. |
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| 52 | 52 | | 17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication. |
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| 54 | 54 | | 17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods:(1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County.(b)Subject to the requirements of subdivision (a), the(B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted.(c)(b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.(c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. (d)An(2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication. |
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| 58 | 58 | | 17917. (a) Within 30 60 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant through either of the following methods: |
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| 60 | 60 | | (1) Online on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed, continually for four weeks, if the county clerk elects to provide online publication services. |
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| 62 | 62 | | (2) (A) Pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County. |
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| 64 | 64 | | (b)Subject to the requirements of subdivision (a), the |
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| 68 | 68 | | (B) The newspaper selected for the publication of the statement should shall be one that circulates in the area where the business is to be conducted. |
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| 70 | 70 | | (c) |
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| 74 | 74 | | (b) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired. |
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| 76 | 76 | | (c) (1) If online county clerk publication is selected pursuant to paragraph (1) of subdivision (a), the county clerk shall create and file an affidavit showing the publication of the statement after the completion of the publication period. |
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| 78 | 78 | | (d)An |
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| 82 | 82 | | (2) If newspaper publication is selected pursuant to paragraph (2) of subdivision (a), an affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 30 60 days after the completion of the publication. |
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| 84 | 84 | | SEC. 2. Section 17918 of the Business and Professions Code is amended to read:17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. |
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| 86 | 86 | | SEC. 2. Section 17918 of the Business and Professions Code is amended to read: |
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| 88 | 88 | | ### SEC. 2. |
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| 90 | 90 | | 17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. |
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| 92 | 92 | | 17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. |
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| 94 | 94 | | 17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. |
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| 98 | 98 | | 17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his their assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subparagraph (B) of paragraph (2) of subdivision (b) (a) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. |
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| 100 | 100 | | SEC. 3. Section 17924 of the Business and Professions Code is amended to read:17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 102 | 102 | | SEC. 3. Section 17924 of the Business and Professions Code is amended to read: |
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| 104 | 104 | | ### SEC. 3. |
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| 105 | 105 | | |
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| 106 | 106 | | 17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 107 | 107 | | |
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| 108 | 108 | | 17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 109 | 109 | | |
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| 110 | 110 | | 17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows:(1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).(2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917.(b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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| 111 | 111 | | |
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| 112 | 112 | | |
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| 113 | 113 | | |
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| 114 | 114 | | 17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows: |
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| 115 | 115 | | |
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| 116 | 116 | | (1) Your fictitious business name statement must be published either on the internet website or open-source portal of the county clerk continually for four weeks or in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The If online county clerk publication is selected, then it must be published on the internet website or open-source portal of the county clerk for the county where the fictitious business name statement was filed. If newspaper publication is selected, the statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county located in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917). |
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| 117 | 117 | | |
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| 118 | 118 | | (2) Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930). |
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| 119 | 119 | | |
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| 120 | 120 | | These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917. |
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| 121 | 121 | | |
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| 122 | 122 | | (b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. |
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