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How to hold title for a CA DBA - Fictitious business name

San Jose, CA |

I have a DBA (Fictitious business name ) filing in Santa Clara, California for my general partnership. How should I hole title for the secured notes I vest in?
Will it be

1. DBA Name , Address

2. Husband and wife name doing business as DBA name, Address

We have suggested the second option how ever if we try to keep our names out we will prefer first option

please advise of option 1 is possible?

Attorney Answers 3


Option 1 is certainly possible. Using your business name instead of your personal name is what "doing business as" means.

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Quite frankly, I would be very inclined to list you and your wife as the principals DBA name. Filing a DBA in the County will afford you little protection as against the rest of the world if no one else has asked to reserve the name in the County. Some other individuals or entities may have obtained exclusive rights to the name you have chosen for your fictitious name and registered it with the State, or with the Paten and Trademark office wit the Feds. The integrity of your use in the name is not well established simply by filing a fictitious name statement with the County.

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Notes are property. They have the name of the owner on them as the party to whom payment is to be made. A fictitious business name is simply an equation saying that some name equals another name.. So, if a person Joe is doing business as Red Flag, then the recording of the fictitious business name makes the name Red Flag equivalent to Joe. If you want a promissory note to be payable to an entity or fictitious name, so long as there is no confusion when you want to collect, you are fine. As the note will be presumably in your hands and the fictitious business name statement will be recorded and you will keep a copy, you should have no problem collecting.

The advice provided is in good faith but not a guaranty of accuracy under all circumstances.

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