Crimson Consulting: Acquiring a Business Name and License

You should first visit your County Clerk (in Santa Clara county, the office for Fictitious Business Names is in the Superior Court building in downtown San Jose) and look in the microfiche under your prospective business name. If the name is available, complete a Fictitious Name Statement and file it with the County Clerk.

The cost for one business name and one owner ranges from ten to fifty dollars, with an additional charge for each additional business name and/or owner. Copies of the statement are required when opening a business checking account and possibly for other purposes. Note, if you choose to use a fictitious business name, you must use a business bank account, separate from your personal account.

Many consultants form a type of business known as a sole proprietorship; you should investigate all the available options: partnership, corporation, and others, and discuss the benefits and costs with a qualified professional.

Within 30 days of filing your Fictitious Name Statement or "Doing Business As" license, you must have it published in a qualified newspaper, or your statement will be invalid and you will have to re-file. It must run in the paper for four consecutive weeks. The County Clerk’s office will have information about placing the ad in an appropriate paper. If you use a weekly newspaper, you must begin publishing within 20 days, rather than 30. The rates for four consecutive weeks of advertising usually run between twenty and fifty dollars.

Upon completion, the newspaper will send you a certification form. You must mail this certificate to the County Clerk’s office. Some newspapers mail the certification form for you, but ask the newspaper to be sure. Your Fictitious Name Statement has an expiration date. It is your responsibility to renew the statement; you will not be notified when it expires.

Fictitious Name Statement Renewal

Renewal is typically required every few years. If your residence, business address, or business name changes, you must file with the change.

Acquiring a City Business License

To get a business license, you must designate your business location. Whether you work in your home or an office, you must file with the city where you conduct business. Cities usually charge an annual or one-time fee for a permit to conduct business from a residential office.

Applications for a business license are made at the Town Hall, City Hall or Municipal Building, often in the office of the Business License Clerk. Many cities are willing to conduct the entire business license process by mail.

The cost for your business license will vary, depending on the size of your business, the type of business or the city where the license is issued. For example, a corporation's license usually costs more than one for a sole proprietorship. Please contact your city’s licensing bureau for more information.

Annual Business License Renewal

You must renew your business license annually in January or July, check with your city for the correct date. The fee will depend on your gross business receipts or number of employees. You must complete and submit a declaration and payment to the city where you hold your business license.