If a general partnership is a family business, that files several lawsuits a year, and no one ever objects to the lack of a FBN statement, then is it unnecessary for them to file a FBN statement?
It is necessary for the plaintiff which is a general partnership operating under a FBN to file a FBN statement if using the FBN to sue in court.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I am not a litigator, but I understand that in Small Claims Court, the judges are punctilious about insisting that the FBN be filed before the plaintiff can go forward.. Maybe your FBN just does not appear to be fictitious.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com
Construction / Development Lawyer
No, unless the names of all. Partners are included in the business name.
This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific documents and facts of your case, etc. Please consult with a competent attorney in this area of the law for specific legal advice regarding your particular case, as the advice may vary depending on the facts.