California Business and Professions Code 17919 – (a) A fictitious business name statement may be executed, filed, …
(a) A fictitious business name statement may be executed, filed, and published by the trustee in bankruptcy at any time after bankruptcy where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the debtor or bankruptcy estate or the partnership of which the debtor or bankruptcy estate was a member.
(b) A fictitious business name statement may be executed, filed, and published by the conservator, executor, or administrator at any time after the appointment of a conservator for or death of any individual or partner where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due the conservatee or deceased person or the partnership of which they were a member.
Terms Used In California Business and Professions Code 17919
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Executor: A male person named in a will to carry out the decedent
- fictitious business name: means :
California Business and Professions Code 17900
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes individuals, limited liability companies, partnerships and other associations, and corporations. See California Business and Professions Code 17902
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Trustee: A person or institution holding and administering property in trust.
(c) A fictitious business name statement may be executed, filed, and published by an assignee or purchaser of the business at any time after the assignment or sale where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the assignee or purchaser by reason of the assignment or sale.
(d) The fictitious business name statement referred to in this section shall be in substantially the same form as prescribed in Section 17913, except:
(1) The person or persons who were doing business under the fictitious business name shall be stated as such person or persons existed (i) immediately before the bankruptcy, conservatorship, or death or the assignment or sale of the business or (ii) at the time they ceased to do business under the fictitious business name, whichever is the earlier time.
(2) The statement shall include the following additional sentence: “This statement has been executed pursuant to § 17919 of the Business and Professions Code.”
(3) The person executing the statement shall (i) sign the statement on behalf of the person or persons formerly doing business under the fictitious business name, (ii) state their full name and the street address of their place of business or, if they have none, of their business mailing address, and (iii) indicate whether they are a trustee in bankruptcy, conservator, executor, or administrator or assignee or purchaser of the business.
(Amended by Stats. 2023, Ch. 20, Sec. 2. (AB 878) Effective January 1, 2024.)