How To File An Alabama LLC Formation Certificate

The Alabama Certificate of Formation is the LLC form that must be completed and filed with the state in order to create an LLC.

It is simple to file the Alabama Certificate of Formation!

We’ll walk you through the process of submitting the Alabama LLC Articles of Organization in three simple stages.

Obtain Your Formation Certificate

Fill out the Formation Certificate

Fill up and submit the Certificate of Formation.

Step 1: Obtain Your Formation Certificate

You may either download and send your Alabama Certificate of Formation or file online. Choose your chosen approach for this initial step from the list below.

Mail-in filers in Alabama must complete an additional step. If you prefer to send your Certificate of Formation, you must submit the Name Reservation Request for Domestic Entities form at least two weeks in advance.

Step 2: Fill out the Formation Certificate

We will assist you in completing the Alabama Certificate of Formation in this stage.

To complete each step, you will need to know the following information:

Name of the Entity

A copy of the Alabama Secretary of State’s Name Reservation Certificate (If filing by mail)

Name of the Registered Agent and the Address of the Registered Office

The kind of LLC that is being created (conditional)

Date of Implementation

Name of the Entity

A unique and clever company name is crucial, but it is not as necessary as a legally valid name.

When selecting a name for your company, you must ensure that the name:

Meets Alabama’s naming requirements.

Is not already in use by another Alabama firm

Adhere to the Alabama Naming Guidelines:

Before establishing your LLC, you must reserve its name online or by mail.

The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).

Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).

Any name linked to banking requires a letter from the Alabama Banking Commissioner’s Office, and any name related to insurance requires a letter from the Alabama Insurance Commissioner’s Office.

Any name that includes a professional designation (for example, engineering or attorney) needs a copy of one officer’s or member’s licence or a letter from the governing body permitting the use of the name without licencing.

Your name cannot include any terms that suggest or imply that the LLC is doing a business that is not permitted by law.

Your name must be distinct from any other name on file with the Secretary of State (words or abbreviations indicating the type of company such as LLC, Inc., etc. are not taken into account when determining distinguishability).

Examine Name Availability:

Is your name legal in Alabama? Do a name search on the Alabama Secretary of State’s website to ensure that the name you choose isn’t already used.

Obtain a Domain Name:

We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
Certificate of Name Reservation Copies

If you’re filing by mail, Alabama needs you to reserve your name before establishing your LLC.

Registered Office and Registered Agent

A registered agent receives and transmits legal paperwork on behalf of your LLC. When you form your Alabama LLC, you must provide your registered agent and registered office address.

Your registered agent may be someone over the age of 18 who resides in Alabama. During normal business hours, your registered agent must always be present at the registered office. A P.O. box cannot be used as your registered office address.

Type of LLC

This page applies solely if you are founding a Series LLC, a Professional LLC, or a Nonprofit LLC, in which case you would choose your kind.

Step 3: Fill up and submit the Certificate of Formation.

You must submit the Certificate of Formation with the Secretary of State to register your Alabama LLC.

There are two options for submitting your Certificate of Formation:

Fill out the forms online.

Send a hard copy through mail.
Following the Official Formation of Your Alabama LLC

After you’ve submitted your Certificate of Formation, you should do the following:

Make a Business Agreement

Obtain an EIN

Establish a Business Bank Account

Purchase Licenses and Permits

Make a Business Agreement

An Alabama LLC operating agreement, also known as a limited liability company agreement in the state, is a legal document that describes your LLC’s ownership structure and member duties.

Although an operating agreement is not necessary in Alabama to incorporate an LLC, it is a good idea to have one. You may begin drafting your operating agreement before, during, or after filing your Certificate of Formation.

Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.

Obtain an EIN

An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.

You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.

Establish a Business Bank Account

It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.

Purchase Licenses and Permits

When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. There are a few commercial operations that need licences or permissions on the federal level.

Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:

Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).

State: Contact the Alabama Department of Revenue to apply for or learn more about licences, permits, and registration.

Local: Inquire with your county clerk regarding local licences and permissions.