Expirations and Abandonments
A fictitious business statement expires five years from the date it is filed with the County Clerk, and a new statement must be filed. The new statement need not be re-published if the information contained in the new statement previously filed has not changed from originally filed statement and the new filing is filed within 40 days of expiration of the previous statement.
A statement expires 40 days after any change in the facts contained in the statement except that a change in the residence address of an individual.
A statement also expires when an abandonment has been filed.
A person who has filed a statement may, upon ceasing to transact business in this state under that fictitious name, file and publish a statement of abandonment, and file an affidavit of publication. Forms for this purpose are available in the County Clerk's Office.
Withdrawal of a General Partner
A general partner of a partnership having a statement on file may file a statement of withdrawal, publish and file an affidavit of publication. (Publication is not required if dissolution of the partnership has been published pursuant to the Corporations Code.) Forms for this purpose are available in the County Clerk's Office.
Trustees, Guardians, Administrators, Assignees, and Purchasers
Whenever failure to comply with this law would preclude taking legal action to recover monies due, a trustee in bankruptcy, an administrator of the estate or an assignee or purchaser of the business may file the fictitious name statement.