Domestic LLC Formation Filing Requirements in Alabama

At a glance

Requirements one by one

Governing law and filing record

Alabama calls its ordinary domestic LLC filing a Certificate of Formation. The Alabama Limited Liability Company Law combines Chapter 5A with the applicable provisions of Chapter 1. Ala. Code § 10A-5A-2.01 requires delivery of the certificate to the Secretary of State.

Organizer and signature

One or more organizers execute the certificate. The organizer definition in § 10A-1-1.03(67) expressly says the organizer need not be an owner or member, and § 10A-5A-2.04 requires at least one organizer to sign. An agent, including an attorney-in-fact, may sign without filing the power of attorney.

The current Secretary of State form makes the signer's capacity public by requesting the typed title “organizer or attorney-in-fact.” Additional organizers or attorneys-in-fact may sign on added sheets.

Required entity and purpose terms

The certificate states the LLC's name and that at least one member exists. Ala. Code § 10A-1-5.06 requires “Limited Liability Company,” “L.L.C.,” or “LLC” in the name. Section 10A-5A-2.01 does not require a purpose or duration term, while § 10A-5A-1.04(c) permits any lawful activity, whether or not for profit.

Addresses and service fields

The certificate gives the registered office's Alabama street address, including its county, and the registered agent's name. Section 10A-5A-2.01 does not add a principal-office, mailing-address, manager, member, or owner address to the ordinary certificate's required fields.

Starting August 1, 2026, enacted HB 248 adds a separate registered-agent rule: an agent may not perform the role solely through a virtual office, mail forwarding service, or both. That future rule does not change the certificate's address fields, but it governs agents performing the role on and after that date.

Management and owner disclosure

The ordinary certificate does not elect member- or manager-management and does not name managers, members, or owners. Its only membership disclosure is the statement that at least one member exists. The organizer's signature is public, but organizer status does not establish ownership.

Optional and restricted provisions

Section 10A-5A-2.01(a)(6) lets the members include other matters in the certificate. A separate series statement can apply under subsection (a)(5), but series LLCs are outside this page's ordinary non-series scope.

Filing method, fee, and attachments

The Secretary of State offers online filing and a paper form. The March 2026 paper instructions require two copies, a $200 processing fee, and an attached copy of the Secretary of State's Name Reservation Certificate. The LLC page also states that the reservation must be obtained before formation filing.

The statutory name-reservation fee is $25 under § 10A-1-4.31(a)(1), so the mandatory state charges are $225 before any optional or payment-channel charges.

Formation and effective date

Under § 10A-5A-2.01(b), the LLC forms when the certificate becomes effective. The ordinary rule in § 10A-1-4.11 uses the date and time of actual receipt. Section 10A-1-4.12 permits a stated later date and time no more than 90 days after delivery; if a delayed date is stated without a time, the statute uses 12:01 a.m. on that date.

What trips people up

The $200 formation fee is not the whole mandatory state cost. Alabama requires the separate name reservation first, and paper filers attach the resulting certificate. Also, the current standard form does not display the statutory delayed-effective-date option even though §§ 10A-1-4.11 and 10A-1-4.12 allow one.

There is no ordinary newspaper notice, proof-of-publication filing, or separate non-tax initial report in the current § 10A-5A-2.01 formation requirements or the March 2026 Secretary of State form. Tax, licensing, and recurring-report questions are outside this formation-filing page.

Common questions

Must the organizer own part of the LLC?

No. Section 10A-1-1.03(67) says an organizer need not be an owner or member.

Must the certificate name the managers or members?

No. It states that at least one member exists, but the ordinary certificate does not identify managers, members, or owners.

Can the LLC use a later effective date?

Yes. The certificate may specify a later date and time within the statutory 90-day limit, even though the current standard form does not provide a labeled field for it.

Does Alabama require newspaper publication after formation?

No ordinary statewide publication or proof filing appears in the current formation statute or Secretary of State form.

Statutes and sources

• Ala. Code §§ 10A-1-1.03(67) and 10A-1-1.08(e) — organizer definition and name of the LLC law. Official enrolled 2024 SB 112 (accessed July 29, 2026).
• Ala. Code § 10A-5A-1.04(c) — lawful activity. Official enrolled 2014 HB 2 (accessed July 29, 2026).
• Ala. Code § 10A-5A-2.01 — certificate contents, formation, and Secretary of State filing. Official enrolled 2024 SB 112 (accessed July 29, 2026).
• Ala. Code § 10A-5A-2.04 — organizer signature and attorney-in-fact. Official enrolled 2020 HB 202 (accessed July 29, 2026).
• Ala. Code § 10A-1-5.06 — LLC designator. Official enrolled 2018 HB 72 (accessed July 29, 2026).
• Ala. Code §§ 10A-1-4.11 and 10A-1-4.12 — ordinary and delayed effectiveness. Official enrolled 2020 HB 202 (accessed July 29, 2026).
• Ala. Code § 10A-1-4.31 — formation and name-reservation fees. Official enrolled 2021 HB 165 (accessed July 29, 2026).
• Alabama Secretary of State — March 2026 Domestic LLC Certificate of Formation and LLC filing page (accessed July 29, 2026).
• 2026 HB 248 — future registered-agent virtual-office restriction and August 1, 2026 effective date. Official enrolled act (accessed July 29, 2026).