How to File Alabama Certificate of Incorporation


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.

All Posts by Steve →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
File Alabama Certificate of Incorporation

Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Certificate of Incorporation, business owners in Alabama can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file Alabama Certificate of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.

Whether you are a startup founder or a seasoned business owner, understanding the process of filing Certificate of Incorporation in Alabama, popularly known as The Yellowhammer State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to Alabama, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in Alabama.

What is Certificate of Incorporation in Alabama?

The Certificate of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the Alabama Secretary of State ensures the formation of the corporation in Alabama officially. The Certificate of Incorporation is similar to filing the Alabama LLC Certificate of Formation while filing an LLC in Alabama.

Alabama, also known as The Yellowhammer State, has some rules when it comes to file the Certificate of Incorporation. We shared the step-by-step process here to file the incorporation document with the Alabama SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the Alabama SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

– LLCBuddy Editorial Team

How to File Alabama Certificate of Incorporation

You can file the Certificate of Incorporation in several ways based on the state you are willing to start your corporation. In Alabama, you can file it in one method that is filing by mail. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first step is to get the Certificate of Incorporation form from the Alabama Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $200 for filing by mail. when submitting the form. Following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the Alabama corporation naming requirements too. There are a few points to note when you name your company. They are,

  • You cannot have a name used by other companies or businesses.
  • You cannot have any name that is misleading or the same as government organizations.
  • Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
  • You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in Alabama. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

Alabama Resident Agent

The next point is to provide information about the Resident Agent. The Alabama Resident Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Resident Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Resident Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Certificate of Incorporation, you must mention a minimum of one share. In Alabama, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.

If you amend Alabama Certificate of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the Alabama SOS while filing the Certificate of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In Alabama, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in Alabama, then you must add one document along with the Certificate of Incorporation. Foreign corporations in Alabama must submit the Alabama Certificate of Compliance along with the incorporation documents.

Signature

Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in Alabama. Get their signatures to file the Certificate of Incorporation.

Step 2: Submit the Certificate of Incorporation in Alabama

Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in one method that is filing by mail. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

  • Online filing: There’s no online filing available.
  • Offline filing: Send the form to the Secretary of State, P.O. Box 5616, Montgomery, AL 36103

Cost of Filing the Certificate of Incorporation in Alabama

The cost of filing the Certificate of Incorporation in Alabama is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of Alabama. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their Alabama in order to ensure a smooth and successful incorporation process. To file the Certificate of Incorporation in Alabama, you must pay a filing fee. The filing fee is $200 for filing by mail..

FAQs

What is an Alabama Certificate of Incorporation?
A Certificate of Incorporation is a document filed with the Alabama Secretary of State that formally creates a business entity. It is the first step in the process of forming a corporation in Alabama.
What are the benefits of filing an Alabama Certificate of Incorporation?
Filing an Alabama Certificate of Incorporation grants the corporation limited liability protection, perpetual existence, centralized management, and the ability to obtain financing more easily.
What information is required to file an Alabama Certificate of Incorporation?
The Alabama Certificate of Incorporation must include the corporation name, address of the principal office, agent for service of process, and the names and addresses of the incorporators.
What is the filing fee for an Alabama Certificate of Incorporation?
The filing fee for an Alabama Certificate of Incorporation is $100.
How long does it take for an Alabama Certificate of Incorporation to be processed?
It generally takes the Alabama Secretary of State 5-7 business days to process an Alabama Certificate of Incorporation.
Can I expedite processing of my Alabama Certificate of Incorporation?
Yes, you can request expedited processing for an additional fee of $50.
Is there a minimum amount of capital required when filing an Alabama Certificate of Incorporation?
No, there is no minimum capital requirement when filing an Alabama Certificate of Incorporation.
What is the purpose of an Alabama Registered Agent?
An Alabama Registered Agent is responsible for receiving and forwarding legal documents such as service of process and tax forms on behalf of the corporation.
Is it necessary to appoint a board of directors when filing an Alabama Certificate of Incorporation?
Yes, it is necessary to appoint a board of directors when filing an Alabama Certificate of Incorporation. The board of directors is responsible for managing the affairs of the corporation.
What documents must be filed with the Alabama Secretary of State to amend an existing Alabama Certificate of Incorporation?
To amend an existing Alabama Certificate of Incorporation, you must file an Amended Certificate of Incorporation with the Alabama Secretary of State.
Is it necessary to hold an annual meeting of shareholders when filing an Alabama Certificate of Incorporation?
Yes, it is necessary to hold an annual meeting of shareholders to review the financials of the corporation and elect new board members.
What documents must be filed with the Alabama Secretary of State to dissolve an existing Alabama Corporation?
To dissolve an existing Alabama Corporation, you must file a Certificate of Dissolution with the Alabama Secretary of State.
What is the filing fee for an Alabama Certificate of Dissolution?
The filing fee for an Alabama Certificate of Dissolution is $50.
How long does it take for an Alabama Certificate of Dissolution to be processed?
It generally takes the Alabama Secretary of State 5-7 business days to process an Alabama Certificate of Dissolution.
Can I expedite processing of my Alabama Certificate of Dissolution?
Yes, you can request expedited processing for an additional fee of $50.
Is there a minimum amount of capital required when filing an Alabama Certificate of Dissolution?
No, there is no minimum capital requirement when filing an Alabama Certificate of Dissolution.
How often must an Alabama Corporation file an annual report?
An Alabama Corporation must file an annual report with the Alabama Secretary of State each year.
What information is required on an Alabama Corporation’s annual report?
An Alabama Corporation’s annual report must include the corporation name, address, and contact information of the corporation’s officers and directors.
What is the filing fee for an Alabama Corporation’s annual report?
The filing fee for an Alabama Corporation’s annual report is $50.
How long does it take for an Alabama Corporation’s annual report to be processed?
It generally takes the Alabama Secretary of State 5-7 business days to process an Alabama Corporation’s annual report.
Can I expedite processing of my Alabama Corporation’s annual report?
Yes, you can request expedited processing for an additional fee of $50.
What is the purpose of an Alabama Statement of Change?
An Alabama Statement of Change is a document filed with the Alabama Secretary of State to update the information on file for a corporation such as changes to the corporation’s officers and directors, address, or other information.
What is the filing fee for an Alabama Statement of Change?
The filing fee for an Alabama Statement of Change is $50.
How long does it take for an Alabama Statement of Change to be processed?
It generally takes the Alabama Secretary of State 5-7 business days to process an Alabama Statement of Change.
Can I expedite processing of my Alabama Statement of Change?
Yes, you can request expedited processing for an additional fee of $50.
What documents must be filed with the Alabama Secretary of State to merge two existing Alabama Corporations?
To merge two existing Alabama Corporations, you must file a Certificate of Merger with the Alabama Secretary of State.
What is the filing fee for an Alabama Certificate of Merger?
The filing fee for an Alabama Certificate of Merger is $50.
How long does it take for an Alabama Certificate of Merger to be processed?
It generally takes the Alabama Secretary of State 5-7 business days to process an Alabama Certificate of Merger.
Can I expedite processing of my Alabama Certificate of Merger?
Yes, you can request expedited processing for an additional fee of $50.
What are the requirements for filing an Alabama Certificate of Incorporation?
In order to file an Alabama Certificate of Incorporation, you must provide the name of the business, the address of the principal office, the name and address of the incorporator, the name and address of the registered agent, and the purpose of the corporation.
How much does it cost to file an Alabama Certificate of Incorporation?
The cost of filing an Alabama Certificate of Incorporation is $100.
How long does it take to file an Alabama Certificate of Incorporation?
The average time for processing an Alabama Certificate of Incorporation is 1-2 business days.
Is it required to appoint a registered agent in Alabama?
Yes, it is required to appoint a registered agent in Alabama in order to file an Alabama Certificate of Incorporation.
Is there a minimum number of shares that must be issued when filing an Alabama Certificate of Incorporation?
No, there is no minimum number of shares that must be issued when filing an Alabama Certificate of Incorporation.
What is the form number for the Alabama Certificate of Incorporation?
The form number for the Alabama Certificate of Incorporation is ALA-Corp-1.

Also Read

Why Alabama Certificate of Incorporation is So Important

One of the key reasons why the Certificate of Incorporation is so important is that it defines the legal existence of a business entity. By obtaining this certificate, a business is formally recognized by the state of Alabama as a separate legal entity from its owners. This distinction is essential in allowing businesses to enter into contracts, hold assets, and be held liable for its own actions. Without a Certificate of Incorporation, a business would simply be a loose collection of individuals without any legal protections or structures in place.

In addition to establishing the legal existence of a business, the Certificate of Incorporation also outlines important details about the business itself. This includes information such as the business name, address, purpose, and the names and addresses of the initial directors and officers. By requiring businesses to provide this information upfront, the state of Alabama can ensure transparency and accountability in the business sector.

Furthermore, the Certificate of Incorporation serves as a central document for businesses to reference when dealing with other entities. Whether entering into contracts, securing financing, or complying with regulatory requirements, having a Certificate of Incorporation can streamline these processes by providing a clear and official record of the business’s legal standing.

Another key reason why the Alabama Certificate of Incorporation is so important is that it provides businesses with limited liability protection. By incorporating their business, owners can shield themselves from personal liability for the debts and obligations of the business entity. This means that their personal assets are generally protected from creditors seeking to collect on the business’s debts. This limited liability protection is a critical benefit for entrepreneurs looking to minimize their personal financial risk while pursuing their business ventures.

Moreover, the Certificate of Incorporation also allows businesses to enjoy certain tax benefits and incentives. By incorporating in Alabama, businesses may be eligible for favorable tax treatment, grants, or other financial incentives offered by the state government. These incentives can help businesses lower their operating costs and improve their competitiveness in the marketplace.

In conclusion, the Alabama Certificate of Incorporation is a vital document for businesses operating within the state. By establishing the legal existence of a business, providing essential information, offering limited liability protection, and unlocking tax benefits, the Certificate of Incorporation plays a foundational role in shaping the business landscape in Alabama. Businesses that take the necessary steps to obtain their Certificate of Incorporation are setting themselves up for success by ensuring compliance with state regulations, protecting their owners from personal liability, and accessing valuable resources and opportunities.

Conclusion

In conclusion, the process of filing Alabama Certificate of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of Alabama’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Certificate of Incorporation.

Leave a Comment