I recently wrote about naming restrictions from the CA Secretary of State on Podiatry Corporations.
Fictitious Name Permits and Fictitious Business Name for Medical and Podiatry Corporations
If there is a business name that you like that doesn’t meet the naming requirements, there are some ways to be able to use the name that you want. In the last post, I gave the example of Podiatrist John Doe wanting to use ABC FOOT CORPORATION for his podiatry corporation. Based on my experience, John Doe wouldn’t be able to register that name. What can he do then?
Register a Fictitious Name with the Medical Board of California
The California Medical Board of California requires that:
If you are a licensed physician and surgeon, or podiatrist, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement. Example: “Sunrise Medical Group.”
So you wouldn’t need a fictitious name permit:
If only the name or surname (last name) of the physician or podiatrist is used, followed by Medical Doctor, M.D., Podiatrist, Doctor of Podiatric Medicine, D.P.M., Medical Corporation, Medical Corp., Podiatry Corporation, Podiatry Corp., Professional Corporation, Prof. Corp., Corporation, Corp., Incorporated or Inc. Examples: “John Doe Medical Corporation” or “John Doe, M.D. Inc.” would not require a fictitious name permit as long as John Doe matches the legal name on the physician’s medical license.
Further, there are specific naming requirements:
The proposed name cannot be misleading, deceptive, confusing, or similar to a previously issued name. A doctor of podiatric medicine must include the designation (word) “podiatric,” “podiatry,” “podiatrist,” “foot” or “ankle.” (Title 16, Division 13.9, Section 1399.688(b) of the California Code of Regulations.)
So if you’re set on the name ABC FOOT, and can live without the CORPORATION at the end, you can register ABC FOOT (so long as it meet the registration requirements).
But Wait, There’s More!
Some counties may requires that businesses that operate under a name that is different from their legal name be required to file a Ficticious Business Name (FBN). In Orange County, a FBN for a corporation is
. . . . is a name not stated in the Articles of Incorporation.
So, in our example, if DOE PODIATRY CORPORATION wants to do business as (“d/b/a”) as ABC FOOT, then it would have to file a Ficticious Business Name with the local county authorities.
The Bottom Line
So for a podiatry (and medical corporation, more or less), in order to use a name that is different from the one in the Articles of Incorporation, the corporation must file for a Fictitious Name Permit with the Medical Board of California and possibly a Fictitious Business Name with their local county’s office.
Hope the information has been useful! Cheers -Dan
PHOTO: photostock / FreeDigitalPhotos.net
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