To start a domestic limited liability company (LLC) in the state of Alabama you must file the appropriate application forms with the Probate County Office where the business is located (principal office address) and pay the $100 filing fee at the time of submission. All applicants must print and complete the necessary application forms and ensure that payment for the filing fee is made through the inclusion of a check or money order, or the completion of the optional “Credit Card Payment” section of the application.
Before filing, we always recommend that a Business Entity Search be performed to ensure the availability of your proposed operating name. Furthermore, all filers must reserve their business name prior to registration and include their received PDF certificate with their filings.
How to File
Step 1- All filers will be required to first reserve their business name with the office of the Secretary of State. Once reserved, a PDF certificate will be given indicating acceptance of the reserved name. This PDF must be included when submitting your filings.
Step 2- Next, you will be required to download the Certificate of Formation.
Step 3- With the application open in your PDF viewer you may continue by supplying the following information:
- 1-Name of the LLC
- Who the form was prepared by, their name and address
- 3-Registered agent’s name, address and mailing address if different from the main office
- 5-Check the box if the company is a series (see Title 10A, Chapter 5A, Article 11) or professional (see Title 10A, Chapter 5A, Article 8)
- 6-Effective date of formation
- Check if there are any attachments
- Date, signature, printed name and business title
Step 4- After completing the form the $100 filing fee must be attached in the form of a check or money order made payable to the Secretary of State. You may alternatively pay the filing fee by completing the optional “Credit Card Information” page found in the application forms. If the applicant would like to expedite their filing they can do so by adding an additional $100 ($200 total) to their filing fee which will guarantee processing within three (3) days.
Step 5- The application and fee should be filed with the Probate County Office where the business is located with one (1) original and two (2) copies and the PDF certificate received from the name reservation. The filing time depends on the county office it is being processed in.
EIN– An EIN is an important number for all entities who are either currently in operation or are soon to be so. An EIN is a number that is provided by the Internal Revenue Service (IRS) and is how they will identify your business when making financial transactions. Without an EIN a business cannot pay its employees and will be unable to do basic financial actions such as open a bank account. In order to obtain an EIN you can complete the PDF document Form SS-4 or navigate to the IRS Website and complete the online forms available there. Click on the link at the heading of this paragraph for more information.
Operating Agreement– The adoption of an operating agreement, while not required in the state of Alabama, is highly recommended for every LLC. This form should be filled-in to set the ownership interest, rules, and any other details that should be legally or financially stated about the company. An operating agreement is often a great means of avoiding conflict before it arises. Click on the link at the heading of this paragraph to access our agreement template, available in MS Word and PDF formats.