Nonprofit Corporations Need Not File One Of These . . .

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Section 17910 of the California Business & Professions Code requires every person who regularly transacts business in California for profit under a fictitious business name to file a fictitious business name statement.  Failure to do so, will preclude the person from maintaining any action upon or any contract made, or transaction had, in the fictitious business name in any California court until the required statement has been filed.  Cal. Bus. & Prof. Code § 17918.

Although the reference to transacting business for profit in Section 17910 suggests that these requirements do not apply to nonprofit corporations, Section 17911 leaves no room for doubt:  "This chapter does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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