Short answer: a DBA, called a fictitious business name (FBN) in California, only registers the name you do business under. It is filed with your county and does not create a company or protect your personal assets. An LLC is a separate legal entity formed with the California Secretary of State. An LLC that does business under a name different from its registered name needs a DBA as well.
Side by Side
| DBA / FBN | LLC | |
|---|---|---|
| What It Is | A registered business name | A separate legal entity |
| Where You File | The Clerk in the County Where Your Business Is Located | California Secretary of State |
| Personal Liability Protection | No. The owner stays personally responsible for the business | Generally yes, within the limits of the law |
| Newspaper Publication | Required: 4 weeks, starting within 45 days of filing (B&P Code §17917) | Not required to form the LLC itself |
| How Long It Lasts | 5 years, then it must be refiled (B&P Code §17920) | Until the LLC is dissolved, as long as state filings and taxes stay current |
When You Need a DBA
You need a fictitious business name statement whenever the name customers see is different from the owner's legal name. For a sole proprietor, that means any name that isn't your own name. For an LLC or corporation, it means any name that isn't the exact name registered with the Secretary of State. "Coastal Bakes LLC" selling as "Sunrise Bakery" needs an FBN for "Sunrise Bakery."
When an LLC Makes Sense
People usually form an LLC to separate business liabilities from personal assets, or for tax and ownership reasons. It comes with ongoing state obligations, including California's annual franchise tax for LLCs. Whether it's right for you depends on your situation, so talk with a California attorney or tax professional before deciding.
Can You Have Both?
Yes, and it's common. The LLC is the legal owner, and the DBA lets it operate under a different brand name. The LLC files the FBN statement with the county and publishes it like any other registrant.
PublishProof is not a law firm. This guide is general information, not legal or tax advice.
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