A limited liability company may be registered in the state of Alabama in one of two forms: domestic or foreign. A domestic LLC is one that is formed within the state of Alabama and will require the completion of application forms specific to domestic LLCs. A foreign LLC is one that has been formed elsewhere and is looking to establish the authority to conduct business within the state of Alabama. A filing fee will be required in order for your application to be processed by the Secretary of State. Domestic entities should be ready for supply $100 while foreign entities must provide $150.
How to File
Step 1- Before filing, we recommend that a Business Entity Search be performed to check the availability of your proposed operating name. In Alabama the Secretary of State requires that all entities then file a name reservation application ($28). After this process has been completed, you will receive a certificate in PDF form indicating acceptance of your reservation.
Step 2- With your name reserved, you may continue by supplying the requisite filing information into a PDF application. Click on the link below that is associated with your business type to learn more about the exact fling requirements.
Step 3- You will now need to pay for the filing fee specific to your business type ($100 domestic, $150 foreign). Filers sending their documents by mail must provide a check or money order made out to the Secretary of State, though payment by credit card is also possible by completing the last page of the PDF application.
Step 4- Individuals sending their application through the mail must place in an envelope the filing fee, their completed application and their name reservation certificate and send the filing package to their local Probate County Office (domestic LLCs) or the address below (foreign LLCs).
Secretary of State
Business Services – P.O. Box 5616
Montgomery, AL, 36103
EIN– An EIN will be used when conducting most financial activity on behalf of the company such as opening bank accounts or applying for credit cards/loans. An EIN is how the Internal Revenue Services (IRS) will be able to identify your LLC when conducting financial activity. An EIN is provided to all established entities that remain in good standing with the state in which they conduct business. You can obtain an EIN by going to the IRS Website or through the completion and submission of the PDF application known as Form SS-4. Note that an EIN is not required for all LLCs. Find out more by clicking on the link at the heading of this paragraph.
Operating Agreement– This form is not required by law in Alabama but is highly recommended for all limited liability companies as it is the only document that states the owner(s) of the company. Adopting an operating agreement is a great way for LLCs to avoid problems before they arise. An operating agreement serves to outline all of the rules and regulations that govern the managers, employees, and owners of the LLC and can serve as a useful tool for steering your LLC in the right direction. The link at the heading of this paragraph contains a free agreement template, available in MS Word and PDF formats.