Choose a Business Structure and Register Your Business (2024)

Choose a Business Name

If your business name includes your legal last name, then your work is done. Any other name other than the owner’s last name requires filing a Fictitious Business Name statement.

For example, James Smith owns a sole proprietorship, and his business name is James Smith Painting. He does NOT need to file a fictitious business name. But if the business name were James and Sons Painting or House Painting Fast, then he DOES need a fictitious business name.

Let’s say that James Smith instead owns either a Limited Liability Company (LLC) or a corporation, and then wants to open up additional businesses under the LLC or corporation parent. He needs to file a fictitious business name statement for any business name not stated in the original articles of incorporation or articles of organization filed with the state.

How to Register a Fictitious Business Name. A fictitious business name statement (known as Doing Business As or DBA) must be registered with the city and/or county clerk in the county of the registrant’s principal place of business if the business is:

  • A sole proprietorship doing business under a name not containing the owner’s surname
  • A partnership
  • A corporation operating under a name other than its legal name

You must file for your DBA within the first 40 days of operating your business or before your current DBA expires. Fees and documentation requirements are determined by the county or city.

Within 30 days after filing a DBA, you must publish the statement in a newspaper of general circulation in the county of its principal place of business. The notice must appear once a week for four successive weeks. Within 30 days of the last publishing date, you must then file an affidavit of publication with the county clerk’s office.

Use the CalGold Permit Assistance Tool to find the local agency where you must file for a DBA.

Fictitious business names are not filed with the Secretary of State’s Office. There is no provision in California for registration of fictitious business names.

TIP: Even though a proposed corporate name has been checked and/or reserved, don’t buy stationery, signage, or other collateral until you receive notification of filing from your local agency and/or the Secretary of State’s Office.

Choose a Business Structure and Register Your Business (2024)

FAQs

What business structure would you choose? ›

Business structure comparison table
Business StructureOwnershipLiability
PartnershipTwo or more ownersPersonal liability unless the specific business structure blocks personal liability.
Sole proprietorshipOne ownerPersonal liability
Non-profit corporationOne or more ownersNo personal liability
3 more rows

What structure would you choose for your own business and why? ›

A sole proprietorship is easy to form and gives you complete control of your business. You're automatically considered to be a sole proprietorship if you do business activities but don't register as any other kind of business. Sole proprietorships do not produce a separate business entity.

What is a business structure example? ›

The most common forms of business are the sole proprietorship, partnership, corporation, and S corporation. A limited liability company (LLC) is a business structure allowed by state statute. Legal and tax considerations enter into selecting a business structure.

What is the best business structure for an insurance agency? ›

The best business structure for an insurance company depends on the size and growth plans of the company. LLCs and corporations offer limited liability protection and favorable tax treatment, while sole proprietorships are less complicated and may be a good option for small businesses.

Which company structure is best? ›

Sole Proprietorship

Easy to Form – Sole Proprietorships are the easiest, most common, and least expensive business structure. A person is essentially a walking, talking sole proprietorship in waiting. All you need to do is sell something—a product, a service, anything—and boom … suddenly you're a sole proprietor.

What is a good structure for a company? ›

The first and most common is a functional structure. It's also referred to as a bureaucratic organizational structure. It breaks up a company based on the specialization of its workforce. Most small-to-medium-sized businesses implement a functional structure.

How to write a business structure? ›

How to create an organizational structure for your business
  1. Create a plan for departmentalization. Organize the departments, roles and positions within your business. ...
  2. Develop a chain of command. ...
  3. Determine the span of control. ...
  4. Outline each department's work specialization. ...
  5. Formalize the structure with visuals.

What are the three main structures of a business? ›

There are three common types of businesses—sole proprietorship, partnership, and corporation—and each comes with its own set of advantages and disadvantages.

What is a simple structure in business? ›

A simple structure is the most basic operating system that a business can use to centralize its activities. Also known as the flat structure, the simple organizational structure doesn't have multiple layers of management or formal departments.

What are 5 examples of structures? ›

Buildings, aircraft, skeletons, anthills, beaver dams, bridges and salt domes are all examples of load-bearing structures. The results of construction are divided into buildings and non-building structures, and make up the infrastructure of a human society.

Why do businesses need to choose a specific structure? ›

Organizational structure provides guidance to all employees by laying out the official reporting relationships that govern the workflow of the company. A formal outline of a company's structure makes it easier to add new positions in the company, as well, providing a flexible and ready means for growth.

What is the most common business type? ›

Sole Proprietorship

Simplicity of organization-this is the most common form of business organization in the United States because it is the easiest and least expensive to establish.

What does it mean to choose a business structure? ›

A business structure, sometimes known as a business entity, refers to the form in which a business is established or maintained. The type of business entity used may impact how the owners of the business are taxed and the potential liabilities they may face under the laws of the state in which the business operates.

What is the best management structure for an LLC? ›

Member-Managed LLC: Better for Active Small Business Owners

A member-managed LLC includes members (owners) in company operations, making each an “agent” to officially act on behalf of the company. This structure doesn't necessarily require administrative responsibilities and power to be divided equally.

What form of business should you choose? ›

If you want sole or primary control of the business and its activities, a sole proprietorship or an LLC might be the best choice. You can negotiate such control in a partnership agreement as well. A corporation is constructed to have a board of directors that makes the major decisions that guide the company.

How do I choose the best organizational structure? ›

How to choose an organizational structure
  1. Review the different organizational structures. ...
  2. Determine the company's strategy. ...
  3. Consider the business' environment, size and age. ...
  4. Review the information. ...
  5. Create a visual chart and make a decision.
Jul 1, 2024

How do you determine the best structure the fits your business? ›

You must consider the industry your business is in, the number of owners involved, the desired liability and tax implications, and how you plan to grow. All of these factors determine which business structure is right for you.

What is the best business structure for loans? ›

Unlike sole proprietorships and partnerships, forming a corporation will legally separate the business from the business owner(s), which provides owners and investors personal protection against the company's liabilities. In addition, corporations are the preferred legal structure for lenders and investors.

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