When forming an LLC in Alabama, you must choose a unique name for your business that is not already being used by another company. You can do an Alabama LLC name search on the Secretary of State’s name database to see if your desired name is available.

The name of an Alabama Limited Liability Company must also include one of the following entity designators at the end of the name:
Limited Liability Company
L.L.C.
LLC

Before filing the LLC paperwork, a Certificate of Name Reservation certificate will need to be submitted to the Alabama Secretary of State. The name can be reserved by filing by mail or submitting online. To file by mail, the Alabama LLC Name Reservation Request Form will cost $10 and takes about one week to process.  The other option is to file online, which is more expensive at $28 but is available immediately.

Include the name and address of the individual or company preparing the Certificate of Formation. This name does not have to be any of the LLC members.

A Registered Agent is required for every LLC to have in Alabama. A registered agent is a person or an entity with a physical address in Alabama who is available during normal business hours to serve as a central point of contact to receive important legal documents, tax notices, summons, subpoenas, etc. on behalf of the LLC.

The registered agent must be 18 years or older and can be the business owner, a resident of Alabama with a physical address, a legal entity, or a registered agent service.

The registered agent’s address has to be a physical street address since a PO Box isn’t allowed.

In this section, enter the name of the registered agent, their registered office address, and a mailing address should routine letters need to be sent to a different address.

This section asks for certification regarding there being at least one member of the limited liability company.

This section is optional and would be used only when an LLC will form a Series LLC or a Professional LLC (PLLC).

Most businesses will skip this section.

A series LLC is basically an umbrella LLC with mini LLCs underneath it. Real estate investors will often use the Series LLC to protect each property individually.

A Professional LLC is only for professions that are licensed in the state of Alabama such as accountants, doctors, lawyers, etc.

Some will delay the effective date (starting date) of the LLC if they aren’t ready to start the business, but want the filing out of the way or if they are close to the end of a calendar year.

To choose today’s date for the start date of the LLC, skip this section, otherwise enter a start day up to 90 days in the future.

This section is also optional but would be used if there were any additional attachments to be filed.

Sign and date the Certificate of Formation

There are a few things to check before filing the Certificate of Formation
1 – Make two copies of the signed Alabama LLC Certificate of Formation and the Name Registration certificate.
2 – Either mail or drop off the original and two copies to the Recording Office of your county’s Judge of Probate office in the county where the LLC’s registered is or will be located. Do not send it to the Secretary of State.
3 – Include payment with two separate checks or money orders. The Secretary of State can be paid with a credit card form, but some counties will only take checks or money orders.
4 – Be sure to keep a copy for your records.