Is the name of a general partnership always a fictitious business name?

Business 3 views 3 answers
Is the name of a general partnership always a fictitious business name?

Attorney Answers

3
Frank Chen ·
No, not always. A general partnership could bear the actual names of the partners and not need a fictitious business name, e.g. SMITH, JONES, AND BROWN PARTNERSHIP. The purpose of the fictitious business name statute, codified under California Business and Professions Code section 17900 (a)(1) is explained as follows:: " The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer any right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available to the public the identities of persons doing business under the fictitious name." With respect to general partnerships, California Business and Professions Code section 17900(b)(2), "fictitious business name" means: (2) In the case of a partnership or other association of persons, other than a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Section 15621 or 15902.01 of the Corporations Code, a foreign limited partnership that has filed an application for registration with the California Secretary of State pursuant to Section 15692 or 15909.02 of the Corporations Code, a registered limited liability partnership that has filed a registration pursuant to Section 15049 or 16953 of the Corporations Code, or a foreign limited liability partnership that has filed an application for registration pursuant to Section 15055 or 16959 of the Corporations Code, a name that does not include the surname of each general partner or a name that suggests the existence of additional owners, as described in subdivision (c) and in Section 17901."
0 upvotes
George Wolff ·
Not necessarily, but probably most of the time. It could take the full names of the partners. WOLFFLAW (415)788-1881
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Ray Beckerman ·
Not at all. Can use real names.
0 upvotes

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