How to File a Certificate of Formation in Alabama

In Alabama, as in most states, the primary step in creating a limited liability company (LLC) is to file a  certificate of formation with the state. This is an absolutely crucial document that helps define your business, so it’s important to do it correctly.

An LLC is a business entity that offers liability protection for owners, as well as pass-through taxation, much like a sole proprietorship. 

What is a Certificate of Formation?

The certificate of formation is a legal document you need to file with the state to form your LLC and officially become a legal entity. It will specify details about your company and establish your LLC as a registered business entity in Alabama. 

The document is similar to the articles of incorporation you would file to form a corporation instead of an LLC. 

How to File the Alabama Certificate of Formation

In Alabama, the process to file a certificate of formation is quite simple. The crucial first step is gathering the required information about your new LLC, before proceeding with the filing itself. 

Here are the steps you’ll need to take to create your new business entity: 

1. Gather the required information about your business.
   • Name of Business
   • Name of registered agent
   • Registered office address
   • Mailing address (if different from office address)
   • Type of LLC
   • Effective date
2. Visit the Alabama Secretary of State website 

Find the certificate of formation form here. It’s easiest to fill out the form online and file immediately, but you can also download the form, fill it out and mail it in.

If you choose to mail in your documentation, you’ll need to complete and mail a Name Reservation Request before you file your certificate of formation. If you choose to file online, you can complete both of these steps at the same time.

3. Filling out the Certificate of Formation Document

On the first screen of the online application, input your contact information and address, then click the “continue” button at the bottom.

On the next screen, enter the name you are requesting for your LLC. If you have an existing name, enter the ID number in the appropriate field. Click “continue”.

On the next screen, choose the type of reservation (domestic or foreign). Then choose “LLC” from the “entity” list and enter the legal name. Click “continue”.

If your LLC name is available, you’ll move to the next screen where you can choose to file a name reservation only or file the formation data. If you choose “File Formation Data”, you will be brought to a screen where you’ll complete all the appropriate information required for your official certificate. Once all information is entered, you’ll have the opportunity to do a final review before submitting. 

When filling out your certificate of formation, be sure to double-check that all the information is accurate and up-to-date. Maybe you’ve just moved, or use your middle initial in official documents, such as with your bank account. If you get it wrong now, changing it later can be a real pain. So accuracy is crucial. 

• File Certificate of Formation – The final step in the process is to submit payment through the website’s payment screen or mail in all documentation. The filing fee in Alabama is $200. If you include a name reservation, the fee is $25. If you file online, there’s an additional $11 processing fee. Your LLC should be officially formed within 7-10 business days from filing. 

Alabama Secretary of State Department Contact Info

The Alabama Secretary of State Department website can be found here.

The mailing address for the department is:

Alabama Secretary of State Business Services
P.O. Box 5616
Montgomery, Alabama 36103

You can reach them by phone at 334-242-5324.

The Bottom Line

In Alabama, it’s relatively easy to create an LLC, but you do need to jump through a few hoops. You now have all the information you need to officially create your new business and begin your entrepreneurial journey in the Yellowhammer state.