AB 2679

Bill Subjects

Abstract

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 registrant's 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.