LLC Name Reservation Requirements in Alabama

At a glance

Requirements one by one

When the reservation is needed

Ala. Code § 10A-1-5.10(a)-(b) requires a filing entity to reserve a name and attach its reservation certificate to its certificate of formation. § 10A-1-7.01(e) separately requires a foreign entity to reserve a name and attach the certificate to its registration application. Section 10A-1-5.11(a) permits any person to apply, including for a fictitious name if a foreign entity's real name is unavailable. The reservation statute does not create a distinct registered-series applicant route.

Name test and application

Under § 10A-1-5.12 and § 10A-1-5.13, the Secretary of State checks the proposed name against existing and reserved names before granting exclusive use. A conflicting holder may give written consent and undertake to change its name, or transfer its reservation to the applicant. § 10A-1-5.03 separately governs the resulting entity name's distinguishability, § 10A-1-5.06 requires an LLC designator, and § 10A-1-5.02 bars a name implying unauthorized business. The application states the applicant's name and address and the proposed name, and the applicant or an agent or attorney signs it (§ 10A-1-5.11(b)).

Fee, term, and renewal

Section 10A-1-4.31(a)(1)(c) charges $25 for name reservations and transfer notices. Section 10A-1-5.14 ends the hold at the earlier of one year after the application is accepted or a filed written withdrawal notice. The person may renew for successive one-year periods by applying and paying the required fee during the 90 days before expiration (§ 10A-1-5.15). The fee section does not separately label a renewal or withdrawal charge, so the exact charge for those transactions should be confirmed with the filing office.

Transfer and withdrawal

The holder may transfer by filing a notice signed by that holder and stating the transferee's name and address (§ 10A-1-5.16). § 10A-1-5.17 also provides an electronic system for reservation, renewal, withdrawal, transfer, and associated payments. A written withdrawal ends the reservation under § 10A-1-5.14; these provisions give no general bad-faith revocation procedure.

What trips people up

The formation and foreign-registration certificate requirements are separate filing steps; a name reservation is more than an optional hold for those applicants. The accepted-application date starts the one-year outer period, while a filed withdrawal can end it sooner. § 10A-1-5.01 expressly says reserving a name does not authorize use that violates another person's federal trademark, Alabama statutory, or common-law right.

Common questions

Can I apply before the LLC exists?

Yes. Section 10A-1-5.11(a) allows any person to apply. A domestic filing entity then attaches the reservation certificate to its formation filing under § 10A-1-5.10(b).

May the holder keep the name past one year?

Section 10A-1-5.15 allows successive one-year renewals if the renewal application and fee arrive in the 90-day period before the current reservation expires.

Statutes and sources

The official Alabama Code, current Title 10A sections, accessed September 22, 2026, supplies the verbatim §§ 10A-1-4.31, 10A-1-5.01-.03, .06, .10-.17, and 10A-1-7.01. The source URLs in the quotations contain the exact section query.