How to Form an LLC in Alabama
The procedure for forming an LLC in Alabama is somewhat unique in that the Articles of Organization for a domestic business are filed with the local probate court. The judge forwards the information and fees to the Secretary of State. Only foreign LLCs seeking registration in Alabama file directly with the Division of Corporations, which is the typical procedure in most states. The Articles of Organization is the founding document of an LLC and contain essential information about the company.
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Instructions
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Draft Articles of Organization. Form SOSDF-8 contains the six articles necessary to form an LLC in Alabama. These are: the name of the company (which must end with the words Limited Liability Company, L.L.C. or LLC), the termination date (or pepetual duration), purpose, street address (no P.O. boxes), name of registered agent, names and addresses of initial members, and the names and addresses of managers, if any.
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Complete Form SOSDF-6 (forming LLCs only). An LLC organized in another state must complete Form SOSDF-6, "Foreign Limited Liability Company Application for Registration." The information required is virtually identical to that of a domestic Articles of Organization. An original and two additional copies are needed.
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File. A domestic Alabama LLC files its Articles of Organization in the probate division of the state court of the county in which its registered agent's office is located. The state filing fee is $40 and the local court will collect a fee of at least $35. A foreign LLC should file its Application for Registration directly to the Secretary of State, Attention Corporations Division, at the address provided below. The filing fee for a foreign LLC is $75.
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Tips & Warnings
Unlike for-profit corporations, which must reserve a name before incorporating in Alabama, a domestic LLC does not have to submit to the name reservation process.
References
Resources
- Photo Credit State of Alabama
