Learn how to file a Statement of Abandonment in Alameda County with this clear guide covering forms, publication rules, deadlines, and legal requirements.
Filing a Statement of Abandonment in Alameda County
Filing a Statement of Abandonment in Alameda County is a required step when you stop using a registered Fictitious Business Name (DBA). This process ensures that county records stay accurate and that the public is properly notified that your business name is no longer in use.
A Statement of Abandonment of Fictitious Business Name
A Statement of Abandonment of Use of Fictitious Business Name is the official document used to notify Alameda County that a business has stopped using a previously registered DBA (Fictitious Business Name). According to the county’s instructions, any person or entity that previously filed a FBN Statement must file an abandonment once they cease doing business under that name.
The abandonment filing must include the original file number, the exact business name as it appeared on the original FBN, and the principal business address as previously filed. All registrants listed on the original statement must also be identified, along with their business mailing addresses.
A Statement of Abandonment of Fictitious Business Name
Legal Requirements Under California Business
- Filing a Statement of Abandonment is required
California Business & Professions Code §17922 requires anyone who stops conducting business under a fictitious business name to file a Statement of Abandonment in the same county where the original FBN Statement was filed. This ensures the public record stays accurate and prevents the inactive name from appearing active.
- The abandonment must be executed in the same manner
The law specifies that the Statement of Abandonment must be completed and signed in the same legal format as the original DBA registration. This includes listing all registrants, using the exact business name, and signing according to entity rules (e.g., corporate officer, LLC manager, general partner).
- Publication Is Required by Law
After filing the Statement of Abandonment, Alameda County requires the abandonment notice to be published once a week for four consecutive weeks in a legally adjudicated newspaper within the county.
Publication must begin within 45 days after the abandonment is filed, and the newspaper will then provide an Affidavit of Publication, which must be submitted to the county clerk within 45 days after the final publication date. Completing these steps ensures the abandonment is legally recognized and properly disclosed to the public.
Alameda County Requirements
1. Filing Location & Contact Information
To dissolve a DBA in Alameda County, you must file the Statement of Abandonment. This is the official office responsible for receiving and processing abandonment forms. After filing, the Clerk-Recorder will issue the appropriate copies needed for newspaper publication and personal records.
2. Who Must Sign (signature rules must match original DBA signatory)
The Statement of Abandonment must be signed by at least one registrant, and the signature must follow the same authority rules used in the original FBN filing. This means an individual must sign for themselves, a general partner must sign for a partnership, a corporate officer must sign for a corporation, and an LLC manager or officer must sign on behalf of an LLC.
3. Business Conducted By – Classification Requirements
On the abandonment form, you must select the business classification that describes how the business was originally conducted. Options include: individual, married couple, domestic partners, co-partners, joint venture, general partnership, limited partnership, limited liability partnership, corporation, LLC, trust, or unincorporated association.
4. What Must Be Included in the Statement
The Statement of Abandonment must include several essential details: the original file number, the exact fictitious business name(s) as previously filed, the original FBN filing date, and the principal place of business using the same address that appeared on the original statement.
The registrant section must list every owner and their business mailing addresses exactly as before. The form must be typed or printed legibly in black or dark blue ink, and no P.O. Boxes may be used. This ensures that the abandonment is correctly matched to the original public record.
Alameda County Requirements
Step-by-Step Process to Dissolve a DBA in Alameda County
Step 1: Verify Original DBA Filing Information
Before completing the abandonment form, you should confirm your original DBA details, specifically the file number, filing date, registered business name, and registrant information. This is necessary because Alameda County requires the abandonment data to match the original filing exactly.
Step 2: Complete the Statement of Abandonment Form (Items A-D)
The Alameda County abandonment form is divided into Items A through D. Item A includes the original FBN filing date, the exact business name to be abandoned, and the previously filed principal address. Item B lists each registrant and their mailing addresses.
Item C requires you to select the business classification. Item D is the signature section, where an authorized registrant signs and prints their name and title. All information must be legible, accurate, and match the original filing.
Step 3: Submit the Form to the Alameda County Clerk-Recorder
After the clerk processes your filing, you will receive multiple color-coded copies, including a newspaper copy required for publication. These copies serve as proof of filing and are needed to complete the remaining steps in the dissolution process.
Step 4: Publish the Abandonment Notice
California Business & Professions Code requires the abandonment notice to be published once a week for four consecutive weeks in a newspaper of general circulation within Alameda County. Publication must begin within 45 days of filing the abandonment form. The newspaper must circulate in the area where the business was conducted.
Step 5: File the Affidavit of Publication
After the fourth publication, the newspaper will provide an Affidavit of Publication, which must be filed with the Alameda County Clerk-Recorder. This affidavit must be submitted within 45 days after the last publication date. Filing the affidavit finalizes the dissolution process and legally completes your DBA abandonment under California law.
Tips to Avoid Filing Errors or Delays
- Match all information exactly
One of the most common causes of delays is inconsistent information. Even small differences such as a minor spelling change, a missing comma, or a slightly different address can result in the county rejecting the abandonment form. Always verify your original DBA filing before completing the Statement of Abandonment to ensure every detail matches perfectly.
- Use the correct authorized signer for your business type
The abandonment must be signed by the same type of authorized person who signed the original DBA, such as an individual registrant, corporate officer, LLC manager, or general partner. Using the wrong signer is a guaranteed reason for rejection, so double-check your original FBN Statement to confirm who signed and follow the same structure.
- Ensure registrant and business addresses are accurate, complete, and not P.O. Boxes
Alameda County does not allow P.O. Boxes on abandonment forms. All registrant mailing addresses and the principal business address must be physical street addresses. Incorrect or incomplete addresses may require amendments and slow down processing.
Tips to Avoid Filing Errors or Delays
- Start the publication process early
The abandonment notice must be published within 45 days of filing and must run for four consecutive weeks. Waiting too long to contact the newspaper can put you at risk of missing these deadlines, which would require re-filing the abandonment form and restarting the entire process.
Conclusion
Submitting a Statement of Abandonment in Alameda County is straightforward when you follow each step carefully from verifying your original filing to completing the form, publishing the notice, and filing the affidavit. By meeting the county’s requirements and staying within the legal deadlines, you ensure that your DBA is officially closed.