1 WELCOME SAILING through FBNs 3 rd ANNUAL STAFF WORKSHOP MARCH 18-19, 2009

2 INTRODUCTIONS Carla- Sonoma County Cyndi-Yolo County Victoria-Riverside County

3 SCHEDULE for MARCH Wednesday, March 18 10:30 – NoonWelcome – Introductions – Disclaimer What is Included in CRM and Attachments Fictitious Business Name Statements Noon – 1:30LUNCH 1:30 – 3:00Registrants Required/Who Can Sign 3:00 – 3:15BREAK – VISIT REFERENCE AREA 3:15 – 5:00Withdrawal from Partnership/Abandonment Thursday, March 19 9:00 – 10:45Evaluation Form – Disclaimer Proofs of Publication, Indexing/Retention 11:15 – NoonGENERAL SESSION – WRAP UP

4 DISCLAIMER / WARNING This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local county counsel opinions. No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without he full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

5 HANDOUTS COUNTY CLERKS REFERENCE MANUAL (CRM) Dated 01/22/2009 Attachment A – Code Sections Attachment B – FBN General Information Attachment C – Blank Form Samples Attachment D – FBN Examples

6 GOALS 2009 Workshop Review CRM To use CRM for reference Gain knowledge and understanding of the FBN process To file FBNs correctly and with confidence

7 County Clerks Reference Manual Revised 01/22/2009 A reference manual for use by statewide County Clerk personnel

8 FICTITIOUS BUSINESS NAME STATEMENTS Disclaimer on Page 3 of CRM

9 WHO IS REQUIRED TO FILE B&P Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a)File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business. (b)File a new statement after any change in the facts, in accordance with subdivision (b) of Section (c)File a new statement when refiling a fictitious business name statement.

10 FBN QUICK REFERENCE Purpose of FBN To make available to the public the identities of those persons or business entities doing business under fictitious business names

11 B&P 17900(a)(1) 17900(a)(1) 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.

12 QUICK REFERENCE PRE-FILING CHECKLIST 1. Place of Filing – B&P –With the Clerk of the County in which the registrant has his/her principal place of business in this state –With the Clerk of Sacramento County if no place of business in this state –May file in county other than principal place of business as long as requirements of are met

13 QUICK REFERENCE PRE-FILING CHECKLIST 2. Who are not required to file – B&P –Nonprofit corporations, organizations or associations, etc. –Includes churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations

14 QUICK REFERENCE PRE-FILING CHECKLIST 3. Business name is not considered “fictitious” if: –Surname (last name) in name of business and does not suggest existence of additional owners – 17900(b)(1) –Corporation, LLC, LP using name as registered with the Secretary of State – 17900(b)(3), (b)(4), (b)(5)

15 QUICK REFERENCE FILING REQUIREMENTS 1. Name(s) of fictitious business(es) – 17913(b)(1) Only those businesses operated at the same address and under the same ownership may be listed on one statement 2. Street address AND COUNTY of principal place of business – 17913(b)(2) 3. Full name of registrant(s) – 17913(b)(3) 4. Residence address of registrant(s) 17913(b)(3) Note: If registrant is a corporation or LLC, insert address as shown in their articles of incorporation or organization on file with the Secretary of State

16 QUICK REFERENCE FILING REQUIREMENTS 5. Nature in which the business is being conducted); must check one box – 17913(b)(4) Note: There is no “other” box so must check one box. Added in 01/2008: State or local registered domestic partners A limited liability partnership

17 QUICK REFERENCE FILING REQUIREMENTS 6. Date of the start of business or N/A if the registrant has not commenced to transact business – 17913(b)(5)

18 QUICK REFERENCE FILING REQUIREMENTS 7.Signature of registrant – [The registrant shall declare that all of the information in the statement is true and correct. A registrant who declares as true any material matter pursuant to this section that he or she knows to be false is guilty of a misdemeanor (c)] (See pp 9-12 “Registrants Required/Who Can Sign”)

19 QUICK REFERENCE COMMENTS 1.The filing of FBN Statement is not an exclusive reservation of the name. The County Clerk is required to file any statement that meets the requirements of this chapter and is accompanied by the required filing fee. The County Clerk is not authorized to reject a statement on the ground that the particular fictitious business name is already in use or the statement was not presented for filing within the time specified in Section [B&P Law Revision Commission Comments]

20 QUICK REFERENCE COMMENTS 2.Status of the filing (B&P 17920) Expires: –First/Original Filing: 5 years from date of filing –Renewal: 40 days after change of facts (except residence address of registered owner at ***) or 5 years from date of filing –Abandonment: When abandonment filed

21 QUICK REFERENCE COMMENTS 3.Signatures by mark (Govt Code 16) (see p 12 “Registrants Required/Who Can Sign”)

22 QUICK REFERENCE COMMENTS 4.Optional and not a statutory requirement: a.Previous file number b.Verification of registration as a Corporation or LLC with the California Secretary of State

23 EXAMINATION PROCEDURE

24 EXAMINATION PROCEDURE Purpose of Examination – for legibility, accuracy and completeness IF FBN IS NOT LEGIBLE, ACCURATE OR COMPLETE, IT SHOULD NOT BE FILED UNTIL CORRECTED

25 EXAMINATION PROCEDURE Pre-filing Checklist 1. Place of Filing (17915) 2. Person or Entity Not Required to File (17911) 3. Business Name is Not Fictitious (17900) (same as p 6, FBN Quick Reference Pre-filing Checklist)

26 EXAMINATION – STEP 1 ACTION Review FBN for the following: a. Must be legible, complete and meet Filing Requirements #1-7 (CRM, p.6) as follows: 1. Name(s) of fictitious business(es) – 17913(b)(1) 2. Street address and county of principal place of business – 17913(b)(2) 3. Full name of registrant(s) – 17913(b)(3) 4. Residence address of registrant(s) 17913(b)(3) 5. Nature in which business is being conducted – 17913(b)(4) 6. Date of the start of business or N/A – 17913(b)(5) 7. Signature of registrant – 17914

27 EXAMINATION – STEP 1 b.If there is more than one business name, multiple business names shall be clearly identified (i.e., #1, #2, etc) Additional FBNs can be included on a separate sheet of paper, if necessary

28 EXAMINATION – STEP 1 c.If any fictitious business name includes the words: i. “Corporation, Corp., Incorporated, or Inc.,” registrant must be a corporation – (a) ii. “Limited Liability Company, LLC, LC,” registrant must be a limited liability company – (b) NOTE: B&P (c) reads: “A County Clerk shall not accept a fictitious business name statement which would be in violation of this section.”

29 EXAMINATION – STEP 1 d.Street address and county of principal place of business (** on blank form) i.PO Box or PMB addresses are only acceptable as mailing addresses and only listed if in addition to the physical street address ii.Must be located in county where FBN filed, but law does not preclude filing in another county as long as filed where principal of business is located (17915)

30 EXAMINATION – STEP 1 d.Street address and county of principal place of business ( continued ) iii.If principal place of business is located outside of California, statement must be filed in Sacramento County (17915) iv.If customer does not have a separate business address, their residence address is acceptable as the business address

31 EXAMINATION – STEP 1 e.To determine what registrant(s) must be listed, check form to see how business is being conducted

32 EXAMINATION – STEP 1 f.Name and residence address of each registrant must be listed If registrant is a corporation or LLC, insert name and address as it appears in their articles of incorporation or organization on file with the Secretary of State [current address] The state of incorporation/organization must also be listed

33 EXAMINATION – STEP 1 g.Date commenced to transact business should be the starting date or N/A –Cannot use a date in the future –Registrant must make the decision –If adding a name to an existing business, there may be two starting dates or a new date or a starting date of the first business [follow local county guidelines]

34 EXAMINATION – STEP 1 h.Signature depends on customer’s answer to step “e” [who are the registrants] Signature and print name of registrant required – also title if applicable (see Registrants Required/Who Can Sign, CRM 9-12)

35 EXAMINATION – STEP 1 i.Check proper box of type of filing (not a statutory requirement – follow local county guidelines) –A first filing (New or Original filing)* –A refile with no changes filed within 40 days of expiration of previous statement –A refile with changes (may be a New filing)* –A refile after 40 days of expiration of previous filing* * Publication required

36 EXAMINATION – STEPS 2 and 3 Step 2 *File the statement (follow local county guidelines) a. Assign file number b. Affix “Filed” stamp to statement Step 3 *Cashiering/Receipting *These steps are interchangeable depending on each county’s guidelines and program system

37 EXAMINATION – STEP 4 Issue certified copy

38 EXAMINATION – STEP 5 Give customer a list of adjudicated newspapers and explain the publication requirements

39 EXAMINATION – STEP 6 Inform customer about expiration of FBN

40 EXAMINATION – STEP 7 Give additional information etc., as applicable

41 REGISTRANTS REQUIRED/WHO CAN SIGN REGISTRANTS REQUIRED B&P 17913(3) WHO CAN SIGN B&P 17914

42 FBN – WHO CAN SIGN Who Can Sign – –(a) Individual, by the individual –(b) Husband and wife, by the husband or wife –(c) General partnership, LP, LLP, copartnership, joint venture, or unincorporated association other than a partnership, by a general partner –(d) LLC, by a manager or officer (managing member is acceptable)

43 FBN – WHO CAN SIGN Who Can Sign – ( continued ) –(e) Trust, by a trustee –(f) Corporation, by an officer of the corporation –(g) State or local registered domestic partnership, by one of the domestic partners

44 REGISTRANTS REQUIRED/WHO CAN SIGN #1 Example INDIVIDUAL REGISTRANTS REQUIRED – B&P 17913(3) If the registrant is an individual, insert his or her full name and residence address WHO CAN SIGN – B&P 17914(a) If the registrant is an individual, the statement shall be signed by the individual listed as the registrant

45 REGISTRANTS REQUIRED/WHO CAN SIGN #2 Example HUSBAND and WIFE REGISTRANTS REQUIRED – B&P 17913(3) The full name and residence address of both husband and wife (listed separately – i.e., not as Mickey and Minnie Mouse) WHO CAN SIGN – B&P 17914(b) Statement can be signed by the husband or wife or both.

46 REGISTRANTS REQUIRED/WHO CAN SIGN #3 Example GENERAL PARTNERSHIP REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants –A general partner can be a corporation and/or LLC (Do not allow the name of the general partnership to be included as a separate registrant) WHO CAN SIGN – B&P 17914(c) One of the general partners

47 REGISTRANTS REQUIRED/WHO CAN SIGN #4 Example GENERAL PARTNERSHIP REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants –A general partner can be a corporation and/or LLC (Do not allow the name of the general partnership to be included as a separate registrant) WHO CAN SIGN – B&P 17914(c) One of the general partners

48 REGISTRANTS REQUIRED/WHO CAN SIGN #5 Example LIMITED PARTNERSHIP REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner (most have only one general partner) –Must have at least one registrant (general partner) – do not include names of any limited partners (Do not allow name of LP to be included as a separate registrant) –A general partner can be a corporation and/or LLC WHO CAN SIGN – B&P 17914(c) One of the general partners – may include the name of the LP, i.e, Susan Smith, General Partner of Water Treasures LP

49 REGISTRANTS REQUIRED/WHO CAN SIGN #6 Example LIMITED PARTNERSHIP REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner (most have only one general partner) –Must have at least one registrant (general partner) – do not include names of any limited partners (Do not allow name of LP to be included as a separate registrant) –A general partner can be a corporation and/or LLC WHO CAN SIGN – B&P 17914(c) One of the general partners – may include the name of the LP, i.e, Susan Smith, CEO of General Partner of Treasure Island LP

50 REGISTRANTS REQUIRED/WHO CAN SIGN #7 Example CORPORATION REGISTRANTS REQUIRED – B&P 17913(3) Name and address of the corporation as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation WHO CAN SIGN – B&P 17914(f) Statement must be signed by a corporate officer and his/her title stated

51 REGISTRANTS REQUIRED/WHO CAN SIGN # 7 Example CORPORATION NOTE –Corporation name must be listed EXACTLY the same as it is in the articles of incorporation (no abbreviations unless it is abbreviated in the articles, i.e., Corp, Inc) –Titles not acceptable include: General Manager, Controller, Compliance Officer, Foreman, Winemaker, Owner, Attorney in Fact, Corporate Attorney, Store Manager, etc.

52 REGISTRANTS REQUIRED/WHO CAN SIGN # 8 Example TRUST REGISTRANTS REQUIRED – B&P 17913(3) The full name and residence address of each trustee (The name of the trust cannot be listed as a separate registrant, but can be included with the name of the trustee, i.e., Susan Smith, Trustee of the Smith Family Trust) WHO CAN SIGN – B&P 17914(e) Statement must be signed by one of the trustees

53 REGISTRANTS REQUIRED/WHO CAN SIGN #9 Example CO-PARTNERS REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants –A general partner can be a corporation and/or LLC WHO CAN SIGN – B&P 17914(c) One of the general partners

54 REGISTRANTS REQUIRED/WHO CAN SIGN #10 Example JOINT VENTURE REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants –A general partner can be a corporation and/or LLC WHO CAN SIGN – B&P 17914(c) One of the general partners

55 REGISTRANTS REQUIRED/WHO CAN SIGN #11 Example UNINCORPORATED ASSOCIATION REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants WHO CAN SIGN – B&P 17914(c) One of the general partners

56 REGISTRANTS REQUIRED/WHO CAN SIGN #12 Example LIMITED LIABILITY COMPANY REGISTRANTS REQUIRED – B&P 17913(3) Name and address of the LLC as set out in its articles of organization on file with the California Secretary of State, and the state of organization WHO CAN SIGN – B&P 17914(d) Statement must be signed by a manager (managing member) or officer and his/her title stated

57 REGISTRANTS REQUIRED/WHO CAN SIGN #12 Example LIMITED LIABILITY COMPANY NOTE –LLC name must be listed EXACTLY the same as it is in the articles of organization –Titles not acceptable include: General Manager, Controller, Compliance Officer, Foreman, Winemaker, Owner, Attorney in Fact, Corporate Attorney, Store Manager, etc.

58 REGISTRANTS REQUIRED/WHO CAN SIGN #13 Example LIMITED LIABILITY PARTNERSHIP REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of each general partner – Must have at least two registrants (Do not allow the name of the LLP to be included as a separate registrant) WHO CAN SIGN – B&P 17914(c) One of the general partners

59 REGISTRANTS REQUIRED/WHO CAN SIGN #13 Exampe LIMITED LIABILITY PARTNERSHIP NOTE Limited Liability Partnerships are entities that shall engage in – the practice of public accountancy –the practice of law –the practice of architecture and –shall have two or more licensed partners

60 REGISTRANTS REQUIRED/WHO CAN SIGN #14 Example STATE OR LOCAL REGISTERED DOMESTIC PARTNERS REGISTRANTS REQUIRED – B&P 17913(3) –The full name and residence address of both domestic partners –Must be listed as separate registrants WHO CAN SIGN – B&P 17914(g) One of the domestic partners

61 REGISTRANTS REQUIRED/WHO CAN SIGN #15 Example SIGNATURE BY MARK Government Code 16 Section 16. "Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto

62 WITHDRAWAL FROM PARTNERSHIP OPERATING AS FBN

63 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE PURPOSE –To make available to the public a statement by persons or business entities withdrawing as a general partner(s) under a previously filed FBN statement.

64 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE PRE-FILING CHECKLIST 1.Place of filing – B&P 17923(a) 2.Necessity of filing – B&P COMMENT B&P 17923(a) states that a Withdrawal from Partnership may be filed; it is not required and is entirely up to the partner(s) to determine the necessity of filing

65 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE B&P 17923(a) Any person who is a general partner in a partnership that is or has been regularly transacting business under a FBN may, upon withdrawing as a general partner, file a statement of withdrawal from the partnership operating under a FBN. The statement shall be executed by the person filing the statement in the same manner as a FBN statement and shall be filed with the county clerk of the county where the partnership filed its FBN statement.

66 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE Filing Requirements 1.Fictitious business name(s) previously filed – B&P 17923(b)(1) 2. Street address of the principal place of business – B&P 17923(b)(3) 3. Filing date of the FBN statement relating to the withdrawal from partnership – B&P 17923(b)(2)

67 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE Filing Requirements (continued) 4.The name of the county where filed – B&P 17923(b)(2) 5.File number of active FBN – B&P 17923(b)(2) 6.Full name(s) and residence address(es) of the person(s) withdrawing as a partner(s) – B&P 17923(b)(3) Note: If registrant is registered with the California Secretary of State as a corporation or a LLC – insert address as shown in their articles of incorporation/organization 7.Signature of withdrawing party must be executed in the same manner as the FBN statement – B&P 17923(a); B&P 17914

68 WITHDRAWAL FROM PARTNERSHIP QUICK REFERENCE COMMENTS 1. B&P 17923(a) states that a Statement of Withdrawal from Partnership may be filed; it is not required and is entirely up to the partner(s) to determine the necessity of filing 2. Statement of Withdrawal must be filed on an active FBN 3. The filing of a Statement of Withdrawal from Partnership does not cause the FBN statement to expire – B&P 17923(d) 4. The following is optional and not a statutory requirement: a. Nature in which the business is conducted as it appeared on the previously filed FBN statement

69 WITHDRAWAL FROM PARTNERSHIP Examination Procedure PURPOSE –Process Withdrawal filing for one or more customers withdrawing from their partnership of an existing FBN Statement

70 WITHDRAWAL FROM PARTNERSHIP Examination Procedure PRE-FILING CHECKLIST 1.Place of filing – B&P 17923(a) 2.Necessity of filing – B&P 17923

71 WITHDRAWAL FROM PARTNERSHIP Examination Procedure STEP 1 – ACTION Review Withdrawal form for the following: a. Must be legible, complete and meet all filing requirements of numbers 1 – 7 listed on the “Statement of Withdrawal – Quick Reference” as follows: 1.Fictitious business name(s) previously filed 2.Street address of the principal place of business 3.Filing date of the FBN statement relating to the withdrawal from partnership 4.The name of the county where filed 5.File number of active FBN 6.Full name(s) and residence address(es) of the person(s) withdrawing as a partner(s) 7.Signature of withdrawing party must be executed in the same manner as the FBN statement

72 WITHDRAWAL FROM PARTNERSHIP Examination Procedure b. *File the statement i. Assign file number ii. Affix "Filed" stamp to statement c. *Cashiering/Receipting d. Issue certified copy e. Give customer a list of adjudicated newspapers and explain the publication requirements f. Give additional information etc., as applicable * These steps are interchangeable depending on each county's guidelines and program system

73 WITHDRAWAL FROM PARTNERSHIP Examination Procedure Related Sections of Business & Professions Code Section 17923: Withdrawal of partner must be filed with the County Clerk; such withdrawal does not force expiration of FBN Section 17917/17924: Publication requirements for withdrawing from a FBN Section 17930: False statement is a misdemeanor

74 ABANDONMENT OF FBN

75 ABANDONMENT QUICK REFERENCE PURPOSE To make available to the public a statement by persons or business entities no longer doing business under a previously filed fictitious business name

76 ABANDONMENT QUICK REFERENCE PRE-FILING CHECKLIST 1.Place of filing - B&P 17922(a) 2.Necessity of filing - B&P 17920(c), Comment A Statement of Abandonment must be filed on an active FBN

77 ABANDONMENT QUICK REFERENCE B&P 17922(a) Upon ceasing to transact business in this state under a FBN that was filed in the previous five years, a person who has filed a FBN statement shall file a statement of abandonment of use of FBN. The statement shall be executed in the same manner as a FBN statement and shall be filed with the county clerk of the county in which the person has filed his or her FBN. The statement shall be published in the same manner as a FBN and an affidavit showing its publication shall be filed with the county clerk after the completion of publication.

78 ABANDONMENT QUICK REFERENCE FILING REQUIREMENTS 1.Fictitious business name(s) previously filed B&P 17922(b)(1) 2. Street address of principal place of business B&P 17922(b)(1) 3.Filing date of the FBN statement relating to the fictitious business name(s) being abandoned – B&P 17922(b)(2)

79 ABANDONMENT QUICK REFERENCE FILING REQUIREMENTS (contd) 4.File number of active FBN statement – B&P 17922(b)(2) 5. The name of the county where filed - B&P 17922(b)(2) 6. The statement of abandonment shall contain the business name(s) being abandoned, street address, ownership information, and manner in which the business is conducted as it appeared on the previously filed FBN statement – B&P 17922(b) 7. Signature of registrant must be executed in the same manner as the FBN statement - B&P &17922(a)

80 ABANDONMENT QUICK REFERENCE COMMENTS 1. B&P 17922(a) states that a statement of abandonment shall be filed 2.A Statement of Abandonment must be filed on an active FBN 3.*When filing an abandonment for a FBN statement that contains multiple business names, the customer may abandon one or more of those business name(s) 4.Publication required 5.*The FBN statement expires when the registrant files a statement of abandonment – B&P 17920(c) *In the case of multiple business names on a statement, the abandonment only expires the specific business name shown on the abandonment

81 ABANDONMENT EXAMINATION PROCEDURE PURPOSE To make available to the public a statement by persons or business entities no longer doing business under a previously filed fictitious business name

82 ABANDONMENT EXAMINATION PROCEDURE STEP 1 – ACTION Review Abandonment form for the following: a. Must be legible, complete and meet all filing requirements of numbers 1–7 listed on the “Statement of Abandonment – Quick Reference” as follows: 1.Fictitious business name(s) previously filed 2.Street address of the principal place of business 3.Filing date of the FBN statement relating to the fictitious business name(s) being abandoned 4.File number of active FBN 5.The name of the county where filed 6.The statement of abandonment shall contain the business name(s) being abandoned, street address, ownership information, and manner in which the business is conducted as it appeared on the previously filed FBN statement 7.Signature of registrant must be executed in the same manner as the FBN statement

83 ABANDONMENT EXAMINATION PROCEDURE *b. File the statement i. Assign file number ii. Affix "Filed" stamp to statement *c. Cashiering/Receipting d. Issue certified copy e. Give customer a list of adjudicated newspapers and explain the publication requirements f. Give additional information etc., as applicable * These steps are interchangeable depending on each county's guidelines and program system

84 PROOFS OF PUBLICATION

85 PROOFS OF PUBLICATION QUICK REFERENCE ●PURPOSE TO MAKE AVAILABLE TO THE PUBLIC THE PROOF OF PUBLICATION ●NECESSITY FOR FILING — B&P 17917(d) AN AFFIDAVIT SHOWING THE PUBLICATION OF THE STATEMENT SHALL BE FILED WITH THE COUNTY CLERK WHERE THE FBN STATEMENT WAS FILED WITHIN 30 DAYS AFTER THE COMPLETION OF THE PUBLICATION ●FILING REQUIREMENTS – 1. The filing information cited belongs to your county. The process for filing Proofs varies from county to county. Follow local county guidelines. ●FEES — B&P OR AS DETERMINED BY LOCAL CODE/ORDINANCE FBN FEE COVERS THE COST OF FILING AND INDEXING THE STATEMENT (AND ANY AFFIDAVIT OF PUBLICATION), FURNISHING ONE CERTIFIED COPY OF THE STATEMENT TO THE PERSON FILING THE STATEMENT, AND THE COST FOR NOTIFYING REGISTRANTS OF THE PENDING EXPIRATION OF FBN

86 PROOFS OF PUBLICATION LEGAL REFERENCES B&P PUBLISHING FBN B&P 17922(a) PUBLISHING STATEMENT OF ABANDONMENT B&P 17923(c) PUBLSHING STATEMEMT OF WITHDRAWAL ●INDEXING — B&P (what is to be maintained in index) ●RETENTION B&P 17925(b) Indices/Index — 4 years after FBN expires may delete information concerning that statement from the index (including proof of publication) B&P Hard Copy — 4 years after FBN expires may destroy or otherwise dispose of the statement, including proof of publication

87 PROOFS OF PUBLICATION FILING PROCEDURE ●PURPOSE TO FILE THE PROOFS OF PUBLICATION FORMS STEP - ACTION 1.REVIEW PROOF OF PUBLICATION FOR THE FOLLOWING: a. MUST BE LEGIBLE, COMPLETE, AND MEETS FILING REQUIREMENTS 2.*FILE THE FORM * ANY ADDITIONAL STEPS PURSUANT TO YOUR LOCAL COUNTY GUIDELINES

88

89 QUESTIONS????