Alabama Certificate of Formation: How to File It (2026)
The Alabama Certificate of Formation is the document that legally creates an LLC. You file it with the Alabama Secretary of State for a $200 fee, after first obtaining a required name reservation ($28 online). It names the LLC, its registered agent, and its management under the Alabama Limited Liability Company Law of 2014, and the LLC exists the moment the Secretary of State accepts it.
Quick Answer
- Document
- Certificate of Formation (domestic LLC)
- Agency
- Alabama Secretary of State, Business Entities
- Filing fee
- $200 (2026)
- Name reservation
- Required first - $28 online
- Registered agent
- Required - physical Alabama address, must consent
- Governing law
- Alabama Limited Liability Company Law of 2014 (§ 10A-5A-2.01)
What the Alabama Certificate of Formation Is
The Certificate of Formation is the short public filing that brings an Alabama limited liability company into legal existence. It is the Alabama name for what many other states call Articles of Organization. Filing it - and the Secretary of State's acceptance - is the single act that creates the entity and starts its liability shield. Everything else you associate with “starting an LLC” (the operating agreement, the EIN, tax registrations, licenses) happens around this filing, but only the Certificate of Formation actually creates the company. For the end-to-end process, see how to form an LLC in Alabama.
Agency and Law: Secretary of State, LLC Law of 2014
You file the Certificate of Formation with the Alabama Secretary of State. The document and its requirements come from the Alabama Limited Liability Company Law of 2014, codified in Title 10A, Chapter 5A of the Code of Alabama, with the formation provision at Section 10A-5A-2.01. Alabama historically routed LLC formation through the county probate court, which then forwarded filings to the Secretary of State. That has changed: domestic LLCs now file the Certificate of Formation directly with the Secretary of State through its online business services portal, which is faster and avoids the old two-office routing.
The Certificate of Formation is deliberately short. Alabama's LLC statute is designed so that the public filing carries only the essential facts the state needs to record - name, agent, management, organizers - while the detailed rules that actually run the company live in the private operating agreement. That split matters: it means you do not have to expose ownership percentages, capital terms, or buy-sell provisions in a public record. It also means the certificate rarely needs amending, because the terms most likely to change over the life of the business sit in the operating agreement rather than in the filed document. For a plain-language explanation of the entity itself, see what is an LLC.
Step 1: Reserve Your Name First (Required)
Alabama requires a name reservation before the Certificate of Formation. You request a Certificate of Name Reservation from the Secretary of State; it confirms your proposed name includes a proper LLC designator and is distinguishable from existing entity names on the state's records. The online reservation fee is $28. You then submit that reservation with your Certificate of Formation. Skipping this step is the most common reason an Alabama filing is rejected, so treat the reservation as step one, not an afterthought. Confirm the name is also clear of a federal trademark and check availability using the state's business records tools.
Step 2: Complete the Certificate of Formation
The Certificate of Formation asks for the information the state needs to record the entity:
- LLC name - exactly as reserved, including “LLC,” “L.L.C.,” or “Limited Liability Company”;
- Registered agent and registered office - a physical Alabama street address;
- Organizer(s) - the person(s) forming the LLC;
- Management structure - member-managed or manager-managed;
- Optional provisions - delayed effective date, professional-LLC designation, or a purpose statement, if applicable;
- Name reservation certificate - attached to the filing.
Keep your internal operating agreement separate - it is not filed with, and not part of, the Certificate of Formation.
Step 3: Appoint a Registered Agent
Every Alabama LLC must name a registered agent on the Certificate of Formation and maintain one continuously afterward. The agent - an individual Alabama resident or a qualified entity - must have a physical Alabama street address (a P.O. box alone does not satisfy the requirement) and must consent to serve. The registered agent receives service of process, tax notices, and official state correspondence on the LLC's behalf. You may act as your own agent, name a member or manager, or hire a commercial registered agent service; for the general rules, see the national registered agent overview and do I need a registered agent.
Step 4: File and Pay the $200 Fee
Submit the completed Certificate of Formation with the reserved name and the $200 filing fee to the Alabama Secretary of State, filing online through the business services portal for the quickest turnaround. Once the Secretary of State accepts the filing, your Alabama LLC legally exists, and the state returns a stamped copy that banks and lenders will accept as proof of formation. After that, open a business bank account, apply for your EIN, and complete your tax and license registrations described below.
Alabama Certificate of Formation Fees (2026)
The core costs are the name reservation and the Certificate of Formation itself, both set by the Secretary of State. Confirm current amounts on the fee schedule before filing.
| Item | What it is | Fee (2026) | Agency |
|---|---|---|---|
| Certificate of Name Reservation | Required before formation | $28 online | Secretary of State |
| Certificate of Formation | Creates the LLC | $200 | Secretary of State |
| Business Privilege Tax | Annual entity tax | Minimum reduced/eliminated for small entities - confirm | Department of Revenue |
| County business privilege license | License to operate | Set locally - confirm | Probate Office |
| Federal EIN | Tax ID number | $0 (free) | IRS |
For the full startup and recurring budget, see Alabama LLC cost and how much does an LLC cost.
After Formation: EIN, Business Privilege Tax, Licenses
Once formed, apply for a free federal EIN from the IRS. By default the IRS treats a single-member Alabama LLC as a disregarded entity and a multi-member LLC as a partnership; either can elect corporate or S-corporation treatment. Register with the Alabama Department of Revenue for the Business Privilege Tax and any sales/use or withholding accounts, and obtain the county business privilege license from the Probate Office where you operate - see business licenses in Alabama. Keep your registered agent and tax accounts current to avoid administrative dissolution.
Two ongoing Alabama obligations deserve special attention because they trip up new owners. The first is the Business Privilege Tax administered by the Department of Revenue, which is separate from anything you file with the Secretary of State; the required return is due even in years the tax owed is small or zero for eligible small entities, so calendar it. The second is the county business privilege license, which is a local requirement issued through the Probate Office in each county where you actually do business - a company operating in several counties may need more than one. Neither of these is created by the Certificate of Formation, but both flow from having formed the entity, and missing them is a common reason an otherwise properly formed LLC falls out of compliance. Build a simple annual checklist covering the registered agent, the Business Privilege Tax return, and each local license so nothing lapses. Keeping these current also preserves the liability shield that filing the Certificate of Formation created in the first place, since a dissolved or non-compliant LLC can expose owners to risks the entity was formed to avoid.
Amendments, Certified Copies, and Closing
After formation, you can amend the Certificate of Formation (for example, to change the LLC name or management) by filing the appropriate amendment with the Secretary of State, and you can order a certified copy or a certificate of existence when a bank, lender, or another state requires proof of good standing. A foreign LLC (formed in another state) does not file a Certificate of Formation in Alabama; instead it registers to transact business as a foreign entity. When the business ends, you wind up and file the dissolution paperwork - see how to dissolve an LLC in Alabama and the national how to dissolve an LLC guide.
Frequently Asked Questions
What is the Alabama Certificate of Formation?
The document that legally creates an Alabama LLC, filed with the Secretary of State under the Alabama Limited Liability Company Law of 2014. It is Alabama's equivalent of Articles of Organization.
How much does the Alabama Certificate of Formation cost?
The filing fee is $200, plus a required name reservation that costs $28 online. See Alabama LLC cost.
Do I file it with the probate court?
No longer for most domestic LLCs. You file the Certificate of Formation directly with the Alabama Secretary of State online.
What information goes on the certificate?
The LLC name, registered agent and office, organizers, management structure, and the name reservation certificate, plus any optional provisions.
Does an Alabama LLC need a registered agent on the certificate?
Yes. You must name a registered agent with a physical Alabama address who consents, and maintain one continuously after formation.
Related
- How to form an LLC (cluster hub)
- How to form an LLC in Alabama
- Alabama "Articles of Organization" explained
- Alabama registered agent
- How much does an Alabama LLC cost?
- Alabama annual report & Business Privilege Tax
- Business licenses in Alabama
- How to get an EIN
- Alabama DBA / trade name filing
- How to dissolve an LLC in Alabama
Sources
- Alabama Secretary of State - LLCs (Certificate of Formation; name reservation; $200 filing fee; online filing).
- Alabama Secretary of State - Business forms and fee schedule (Certificate of Formation and name reservation forms).
- Alabama Secretary of State - Business entity records search (verify name distinguishability and status).
- Justia - Ala. Code § 10A-5A-2.01, Formation; certificate of formation.
- Justia - Ala. Code § 10A-5A-2.08, Registered agent and registered office.
- Justia - Ala. Code Title 10A, Chapter 5A (Alabama Limited Liability Company Law of 2014).
- Alabama Department of Revenue - Business Privilege Tax.
- Alabama Department of Revenue - Business License (county business privilege license).
- IRS - Limited Liability Company (LLC) (federal default classification).
- IRS - Get an Employer Identification Number (free EIN).
- IRS - About Form 8832, Entity Classification Election.
- Cornell Legal Information Institute - Limited liability company (Wex).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current requirements with the Alabama Secretary of State and Alabama Department of Revenue before acting.