For already prepared documents, skip to step 3
Step 1: Check Name Availability
Choose three corporate names in order of preference and we check for availability.
Step 2: Prepare or Upload your Articles
Our online form will walk you through all required information.
Step 3: Specify Service Level and Service Options
Select the appropriate filing package or choose from the a la carte options.
Routine: 3 - 5 business days
Rush: 1 - 3 days
Email confirmation within one hour during normal business hours.
Your filing is now on its way!
If we receive your Alabama Articles of Incorporation by 12 p.m. PST M-F, your corporation will be submitted and could be active the same day. This means your company will be given the submission date as your file date. If you mail the document to the state, like many filing services do, it will take several weeks longer for proof of filing.
Your Post-Filing Responsibilities
- File a Statement of Information: After the Articles of Incorporation are filed, the Secretary of State requires that you file a Statement of Information.
- Employer Identification Number: If you would like, we can obtain your EIN for your new company. Add it to your order and we will obtain the EIN within 24-48 hours.
- Alabama Corporate Kit: Our Kits include a custom binder, seal embosser, bylaws and meeting minutes, 20 Stock certificates, and more. You can order you kit at the time of filing or if you prefer, you can place the order individually at our Corporate Kit order page.
Add these optional services to your order at the time of filing:
- Certificate of Good Standing: You may need additional copies if you are going to qualify or register in other states. Most certificates are good for 90 days.
- Additional Certified Copy of Articles: You may need this in the future for banks, loans, or professional licensing requirements.
The SunDoc Filings Advantage
- We have filed thousands of documents since 1999
- All filings received by 12 p.m. PST are submitted same day
- Most filing companies mail in your filings
Alabama Corporate Formations Guidelines
CORPORATE NAME There is no provision for reserving an available name. A corporate name must contain the word corporation, company, incorporated, or limited, or an abbreviation of one of these words. The corporate name may not contain a word or phrase that indicates or implies that the corporation is organized for a purpose other than the purpose contained in its articles of incorporation.
The purpose or purposes for which the corporation is organized may include a statement that the corporation is organized under the Alabama Corporation Code for any lawful purpose.
AUTHORIZED SHARES AND MINIMUM PAID IN CAPITAL
There is no minimum amount of paid in capital required to commence business.
PREEMPTIVE RIGHTS / CUMULATIVE VOTING
Shareholders have preemptive rights except to the extent they are limited or denied by statute or by the articles of incorporation. Cumulative voting is automatically granted unless specifically denied.
REGISTERED AGENT AND REGISTERED OFFICE
A company must maintain a registered agent and registered office to receive service of process in Alabama. Additionally Section 16, Act No. 93-724 of the 1993 Alabama Legislature requires that the company maintain certain records at it’s Registered Office. We will act as Registered Agent and Registered Office but the company must acknowledge that it is aware of the record keeping requirement by executing an affidavit to that effect.
DIRECTORS / INCORPORATOR
The board of directors shall consist of one or more members. If the number of directors is not otherwise set in the Articles of Incorporation or the Bylaws then the number of directors shall be three. Minimum number of incorporators is one (at least 18 years of age) and there is no requirement that the incorporator be a resident of Alabama. The Articles of Incorporation may contain, within the limitations prescribed by the Alabama Corporation Code, provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director.
ANNUAL REPORTS - Alabama requires corporations to file an initial report with the state.
Alabama Corporate Frequently Asked Questions
What are the filing procedures for Alabama?
Submit to the Probate Judge of the county in which the registered office is located for recording an
executed original and two (2) copies of the Certificate of Formation. The certificate of formation
must be signed by one or more members named therein or an organizer.
The Probate Judge forwards a filed copy of the Certificate of Formation to the Secretary of State for
filing. (NOT to be filed with Secretary of State). Submit Initial Business Privilege Tax Return (Annual Report) to the Department of Revenue within 2 ½ months of organization. Should you elect to do this yourself, the state filing fee is $100. The form and payment should be sent to:
Alabama Dept. Of Revenue
Business Privilege Tax Section
PO Box 327431
Montgomery, AL 36132-7431
Alabama requires most businesses to obtain a business license and pay a fee if operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.
Contact the Judge of Probate if you would like to verify the filing fee.
Why choose SunDoc Filings?
SunDoc Filings can help you form an Alabama corporation with the Alabama Secretary of State on an expedited basis. To form a corporation in Alabama or form an Alabama subchapter S corporation, you must file the Alabama Articles of Incorporation with the Alabama Secretary of State. SunDoc Filings has been forming Alabama corporations since 1999 and knows the state’s requirements to handle your formation professionally and without delay. Let us make the Alabama incorporation process quick and painless for you by preparing and filing the Alabama Articles of Incorporation with the Alabama Secretary of State on your behalf.
How do I form an Alabama Corporation?
First, we check corporate name availability with the Alabama Secretary of State. Second, we prepare the Alabama Articles of Incorporation. Third, before we form the Alabama corporation, we verify that the Articles of Incorporation are free of errors. Fourth, we file the Articles of Incorporation with the Alabama Secretary of State. Fifth, when the Alabama Secretary of State files the Alabama Articles of Incorporation, we will return the filed document to you.
What are the advantages of forming an Alabama Corporation?
To begin with, there is the protection of the "corporate veil" that provides limited liability to the owners (shareholders). The shareholders are not personally liable for debts and obligations of the corporation. They can personally lose only to the extent of their investments in the Alabama corporation form purchasing stock. Since the Alabama corporation is an independent legal entity, the Alabama corporation has continuous existence. It does not cease to exist simply because one of the shareholders dies or retires. Corporations often have an easier time setting up insurance, retirement funds, profit-sharing, pension, and stock option plans than other business entities.
When you form an Alabama corporation, the owners (shareholders) are not personally liable for the debts and obligations of the Alabama corporation. Ownership in an Alabama corporation is more easily transferable than other business entities. Under most circumstances, shares of stock can be sold without restriction to a third party without having to obtain consent from the Alabama corporation itself.
How do I obtain an EIN or Employer Identification number or Tax Payer ID number for my Alabama Corporation?
After we form an Alabama corporation on your behalf, we offer supporting services. We can obtain an employer identification number (an EIN) for your Alabama corporation. An EIN is required to open a bank account, hire employees, and to start business credit for your Alabama corporation. If you purchase our Alabama premium package, EIN obtainment is included for your Alabama corporation.
How do I form an Alabama S Corporation?
It is important to understand that your Alabama S corporation starts as a general stock corporation (C corporation). To obtain or to form an Alabama S corporation, you must file for subchapter S status with the Internal Revenue Service (IRS). Forming an Alabama S corporation simply means the corporation is taxed like a partnership or LLC with a pass through tax structure. Make sure to check with your accountant or the IRS for limitations or read about Alabama C corporations below. By obtaining S corporation status in Alabama, it eliminates double taxation and the corporation generally does not file a tax return. On their tax return, the Alabama S corporation's shareholders include their share of the Alabama Corporation's separately stated items of income, deduction, loss, and credit, and their share of non-separately stated income or loss.
What are the advantages of a C Corporation in Alabama?
Generally most people form Alabama C corporations that plan on publicly trading the corporation's stock. Since Alabama S corporations cannot have more than 75 shareholders, choosing to maintain an Alabama C corporation allows for 76 shareholders or more. An Alabama C corporation can have multiple classes of stock such as preferred and common shares. An Alabama C corporation will be double taxed since both the corporate entity and the individual owners have to file tax returns. However, an Alabama S corporation can only be owned by individuals that are U.S. citizens or registered aliens, issue only one type of stock, and are limited to no more than 75 shareholders.
How do I obtain or prepare corporate bylaws for my Alabama Corporation?
If you purchase our premium package, Sun will prepare the initial bylaws (standard language) for your Alabama corporation and include meeting minutes (MS Word format) that you can prepare as needed.
What are the corporate bylaws and why are they so important for my Alabama corporation?
The corporate bylaws serve as a blueprint for your Alabama corporation The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders. Most Alabama bylaws contain the number of directors and their names. Alabama bylaws also contain the names of the officers for the titles: President, Vice-President, Secretary, and Treasurer/Chief Financial Officer (CFO).
Another important part of Alabama corporation bylaws is to create "rules" on how the Alabama corporation can open a bank account, take out loans, write checks, enter into contracts, obtain business credit, and issue stock certificates to its shareholders. Most Alabama bylaws will reference a list of shareholders in alphabetical order that includes Alabama shareholder's names, addresses, titles held with the Alabama corporation, and the amount of shares the shareholder owns in the Alabama corporation.
What is an Alabama corporate seal?
After the Alabama corporation prepares its bylaws or has Sun prepare the bylaws, the Alabama corporation will need a corporate seal. A corporate seal is a handheld device that imprints paper with the corporation's name, state of formation, and date the Alabama corporation was formed. Many banks and other lending institutes require Alabama corporations to possess and use a corporation seal on business documents or loan papers. All Alabama corporation kits that Sun sells contain a handheld corporate seal embosser.
What is an Alabama corporate kit?
The Alabama corporate kit is typically a hardbound binder that contains all of the Alabama corporation's important documents such as the Alabama Articles of Incorporation and bylaws. All the Alabama corporation kits that Sundoc sells include having the Alabama corporation's name hot stamped (professional imprint of the Alabama corporation's name) on the spine. Most Alabama corporation kits come with a slipcase to keep the binder safe. Some corporate kits are made with a slipcase built in. The choice is yours.
Another important part of an Alabama corporate kit is stock certificates. All of the Alabama corporate kits that Sundoc sells contain 20 custom stock certificates that include the Alabama corporation's name, the amount of shares, the par value the corporation is authorized to issue, and the title of President and Secretary below the signature lines. You can place the order individually at our Corporate/LLC Kit order page.
Now that you have formed your Alabama corporation, obtained your EIN from the IRS, decided upon whether to elect S corporation status or remain a C corporation, prepared the Alabama bylaws, issued shares of stock, and used your seal embosser, it is time to verify which local city and/or county tax licenses your business will need. The best place to start is your city hall or county recorder's office. Take the time to verify your areas business licensing requirements. For those of you who plan to run your Alabama corporation out of your home, check with your city or county to find out if a work at home permit is required. Once your licensing requirements are met, it is time to start operating your Alabama corporation