It is simple to form an LLC in Alabama.
You must submit a Certificate of Formation with the Alabama Secretary of State to create an Alabama LLC. You may apply online or by mail for $200.
The Certificate of Formation is the legally binding document that establishes your Alabama limited liability corporation.
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STEP 1: Give Your Alabama LLC a Name
The first and most significant step in founding an LLC in Alabama is selecting a business name. Make sure your name conforms with Alabama naming rules and is readily searched by prospective customers.
1. Follow the naming guidelines:
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 (e.g., FBI, Treasury, State Department, etc.).
Restricted terms (for example, bank, attorney, university) may need extra documentation and the participation of a licenced professional, such as a doctor or lawyer, in your LLC.
Your name must be distinct from the names of any other Alabama limited liability business, corporation, limited partnership, or registered limited liability partnership.
2. Does the name exist in Alabama? Check the Alabama Secretary of State’s website for a Business Entity Search to ensure that the name you choose isn’t already in use.
Read our whole guide on finding an Alabama LLC name to learn more.
3. Set aside the name. If you want to send in your LLC registration, you must complete the Name Reservation Request for Domestic Entities form at least two weeks prior to registration. When you finish your online LLC registration, you will reserve your company name.
If you do not intend to register your LLC right immediately, you may reserve your LLC name for one year online.
4. Is the URL accessible? We suggest that you check online to see whether your company name is accessible as a web domain. Even if you don’t intend to establish a company website today, you may want to acquire the URL in order to prevent others from gaining it.
STEP 2: Select an Alabama Registered Agent
You must name an Alabama registered agent for your Alabama LLC.
What exactly is a registered agent? A registered agent is a person or corporate organisation that receives vital tax forms, legal papers, lawsuit notices, and other government communication on your behalf. Consider your registered agent to be your company’s point of contact with the state.
Who is eligible to be a registered agent? A registered agent must be an Alabama resident or an organisation, such as a registered agent service, that is permitted to do You may choose someone from your organisation, even yourself.
STEP 3: File the Alabama LLC Certificate of Formation
To register an LLC in Alabama, you’ll need to reserve your LLC name and submit the Certificate of Formation with the Secretary of State.
If you’re submitting the Certificate of Formation online, you’ll complete the name reservation when you finish the online Certificate of Formation.
If you’re submitting your Certificate of Formation by mail, you’ll need to send in the Name Reservation Request for Domestic Entities form first. The state will send you a name reservation certificate within a few weeks. Then, along with your Certificate of Formation, you’ll submit in the approved name reservation certificate.
STEP 4: Create Your Alabama LLC Operating Agreement
An operating agreement, also known as a limited liability company agreement in Alabama, is not necessary for Alabama LLCs, although it is recommended.
What exactly is an operating agreement? An operating agreement is a legal document that outlines an LLC’s ownership and running processes.
Why are operating agreements necessary? A detailed operating agreement guarantees that all firm owners are on the same page and decreases the likelihood of future disagreement.
STEP 5: Obtain an Alabama LLC EIN.
What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers provided by the Internal Revenue Service (IRS) to companies to assist them be identified for tax reasons. It is basically a business’s Social Security number.
An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).
Why do I need an EIN? An EIN is necessary in order to:
Open a business bank account
Manage and file federal and state taxes
Employ people
What if I already have an EIN for my single proprietorship? When transitioning a sole proprietorship to an LLC, the IRS demands a new EIN.
Where can I get an EIN? The IRS will provide you an EIN for free. Obtaining an EIN is a simple procedure that may be completed online or by mail.