How to File an LLC Certificate of Formation in Alabama


Steve Bennett
Steve Bennett
Business Formation Expert
Steve runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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The Certificate of Formation is one of the main documents required while forming an LLC in Alabama. The document needs to be filed with the Secretary of State in Alabama to share all the important information related to the limited liability company that is going to be established.

On this page, LLCBuddy editors put all the information together about how to file the Certificate of Formation in Alabama. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in Alabama to file the Certificate of Formation while forming the LLC.

What is an LLC Certificate of Formation in Alabama?

The Certificate of Formation for an LLC is the most important document among all. In general, establishing an LLC is much simpler than other types of business structures such as corporation or partnership. Among a few mandatory documents to file, Certificate of Formation is one of the main papers.

By submitting the Certificate of Formation, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with Alabama Secretary of State.

Each state has a different requirement to fill out a form. The Certificate of Formation usually includes the following:

  • The name of the LLC in Alabama,
  • The effective date of the LLC,
  • The company’s principal office,
  • The business purpose,
  • The duration of the business,
  • A copy of the LLC’s name registration certificate, and
  • The name and address of the Resident Agent, organizers, and
  • At least one member of the company

Note that the Certificate of Formation in Alabama is a legal requirement, not to mention, the core of your LLC. It even makes up the bulk of your Alabama LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File Alabama LLC Certificate of Formation

Filing an LLC Certificate of Formation with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). Statewise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In Alabama, the following methods are available.

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Step 1: Find Forms Online

Go to the Alabama Secretary of State to download the Certificate of Formation form for your LLC or to log into the online service.

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to Alabama LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Certificate of Formation form when filing. You also need to mention the name and address of the Alabama Resident Agent. We recommend the best LLC services in Alabama that you can choose to form your LLC, hire the Resident Agent, and file the Certificate of Formation with the SOS.

If you plan to start an LLC in states other than Alabama, you must file a foreign LLC in other states. For filing a foreign LLC you can explore the best LLC services that operate in 50 other states along with Alabama.

What information does the Certificate of Formation application need in Alabama?

The application form for the Certificate of Formation needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Secretary of State, P.O. Box 5616, Montgomery, AL 36103. For online filing, you must log in to the Alabama Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in cash (if available).

Cost of Filing Alabama Certificate of Formation

cost

LLC cost in Alabama includes all types of fees starting from name reservation fee, DBA filing fee ($30), Resident Agent costs, and Certificate of Formation fee. In Alabama, the filing fee of a formation document is $200 (by mail and $208 online). The standard fee for filing the Certificate of Formation allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while filing an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend Alabama Certificate of Formation: If you make any changes to your LLC, you must file the changes with the Secretary of State. To do so, you must Amend Alabama Certificate of Formation. LLCs can get the amendment form, fill it out with the changed/updated information, and send it back to the SOS online or offline.

FAQs

What is the first step to forming an LLC in Alabama?
The first step to forming an LLC in Alabama is filing a Certificate of Formation with the Secretary of State.
How much does it cost to file a Certificate of Formation for an LLC in Alabama?
The filing fee for a Certificate of Formation for an LLC in Alabama is $200.
Can I file the Certificate of Formation for my LLC online in Alabama?
Yes, you can file the Certificate of Formation for your LLC online through the Alabama Secretary of State’s website.
What information do I need to include in the Certificate of Formation for my LLC in Alabama?
You will need to include the LLC’s name, address, registered agent information, and the names of the LLC’s members or managers in the Certificate of Formation.
How long does it take for the Alabama Secretary of State to process a Certificate of Formation for an LLC?
It typically takes 7-10 business days for the Alabama Secretary of State to process a Certificate of Formation for an LLC.
Do I need to publish my LLC’s Certificate of Formation in a newspaper in Alabama?
No, there is no requirement to publish your LLC’s Certificate of Formation in a newspaper in Alabama.
Can I file the Certificate of Formation for my LLC in person in Alabama?
Yes, you can file the Certificate of Formation for your LLC in person at the Alabama Secretary of State’s office in Montgomery.
Do I need an attorney to file the Certificate of Formation for my LLC in Alabama?
No, you do not need an attorney to file the Certificate of Formation for your LLC in Alabama.
What is the mailing address for filing a Certificate of Formation for an LLC in Alabama?
The mailing address for filing a Certificate of Formation for an LLC in Alabama is Alabama Secretary of State, Business Services, P.O. Box 5616, Montgomery, AL 36103.
Can I change the information on my LLC’s Certificate of Formation after it has been filed in Alabama?
Yes, you can file an Amendment to the Certificate of Formation to change information about your LLC in Alabama.
Do I need to obtain a business license in addition to filing a Certificate of Formation for my LLC in Alabama?
Yes, you may need to obtain a business license at the local level in addition to filing a Certificate of Formation for your LLC in Alabama.
Can I reserve an LLC name in Alabama before filing a Certificate of Formation?
Yes, you can reserve an LLC name in Alabama for up to 120 days before filing a Certificate of Formation.
How do I check the availability of an LLC name before filing a Certificate of Formation in Alabama?
You can check the availability of an LLC name in Alabama on the Secretary of State’s website before filing the Certificate of Formation.
Do I need to have an operating agreement for my LLC in Alabama?
While not required, it is highly recommended to have an operating agreement for your LLC in Alabama to outline the rights and responsibilities of the members.
Can a foreign LLC do business in Alabama?
Yes, a foreign LLC can do business in Alabama by registering with the Alabama Secretary of State and appointing a registered agent in the state.
What is a registered agent, and do I need one for my LLC in Alabama?
A registered agent is a person or entity designated to receive legal documents on behalf of the LLC. You must have a registered agent for your LLC in Alabama.
Can an individual be the registered agent for an LLC in Alabama?
Yes, an individual can serve as the registered agent for an LLC in Alabama as long as they have a physical address in the state.
Are there any annual fees or reporting requirements for LLCs in Alabama?
Yes, LLCs in Alabama are required to file an Annual Report and pay a filing fee each year to remain in good standing with the Secretary of State.
Can I add additional members to my LLC in Alabama after filing the Certificate of Formation?
Yes, you can add additional members to your LLC in Alabama by filing an Amendment to the Certificate of Formation.
Can an LLC have a single member in Alabama?
Yes, an LLC can have a single member in Alabama, which is known as a single-member LLC.
Can a corporation be a member of an LLC in Alabama?
Yes, a corporation can be a member of an LLC in Alabama, either as an individual shareholder or a wholly-owned subsidiary.
Can I dissolve my LLC in Alabama if I no longer wish to operate the business?
Yes, you can dissolve your LLC in Alabama by filing Articles of Dissolution with the Secretary of State once all debts and obligations have been settled.
Can an LLC convert to a different business structure in Alabama?
Yes, an LLC can convert to a different business structure, such as a corporation or partnership, by filing appropriate paperwork with the Alabama Secretary of State.
Can I file the Certificate of Formation for my LLC over the phone in Alabama?
No, the Certificate of Formation for an LLC in Alabama must be filed either online or by mail.
Does Alabama require LLCs to file any tax forms with the state?
LLCs in Alabama are required to file an Alabama Department of Revenue Business Privilege Tax Return each year.
Can a non-resident become a member of an LLC in Alabama?
Yes, a non-resident can become a member of an LLC in Alabama as long as they comply with state laws regarding foreign ownership.
Can I form an LLC in Alabama if I have a criminal record?
Yes, having a criminal record does not prevent you from forming an LLC in Alabama as long as you meet all other requirements.
Are there any restrictions on the name I can use for my LLC in Alabama?
Yes, the name of an LLC in Alabama must not be the same as or too similar to an existing business name in the state.
Can I file a Certificate of Formation for my LLC in Alabama if I am under 18 years old?
No, you must be at least 18 years old to form an LLC in Alabama.

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In Conclusion

The formation document or the Certificate of Formation is the main document you need while forming your limited liability company in Alabama. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In Alabama, filing the Certificate of Formation is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also, offers other services such as Resident Agent, operating agreement, EIN, Certificate of Compliance for foreign LLC establishment, business name search, and many more.

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