7 Simple Steps
Use our free guide below to form an LLC in Alabama, or have a reliable service do it for you:
– IncFile ($49 + state fee) for quick & basic LLC formation.
– LegalZoom ($79 + state fee) for the most popular LLC service available.
What’s the very first step toward starting an LLC in Alabama? Choosing a stellar business name. Of course, there are a few limitations you have to abide by when naming your business. For instance, you must:
Keep in mind that in Alabama, you’re required to reserve your business name before you can form your LLC.
Check if your ideal name is available by doing a business entity name search on the Alabama Secretary of State website. If it’s available, go ahead and reserve it (mail-in name reservations cost $10 and online reservations $28).
Remember, this isn’t optional in Alabama — it’s mandatory.
Quick Note: Before you commit 100% to a name, you may also want to check that there’s a decent URL available for your business. Use Weebly to search your options. If there’s a quality domain name for purchase, we advise buying it right away. Even if launching a business website isn’t on your radar right now, it’s going to be soon, and you might as well nail down a domain name that’ll make it easy for customers to find you!
Before you can officially form your business, you need to appoint an Alabama registered agent.
Your registered agent will be responsible for receiving important legal documents like tax forms and service of process notices on behalf of your LLC. They can be an individual who’s a resident of the state, or a company that’s legally authorized to represent businesses in Alabama.
Alabama state business law does give you the option to act as your own registered agent, but many business owners choose to appoint a professional instead. Here are a few things to think about before you decide to act as your own:
If you’re considering acting as your own registered agent, do some more research, starting with our registered agent guide. If you decide you’re up for the task, go ahead and list your own name and address on your Certificate of Formation. Just make sure that you understand 100% of the duties it will entail before you commit.
If you’re leaning toward hiring a professional, we recommend doing so through an online LLC formation service. Many of these companies (like IncFile) offer up to one year of registered agent service for free when you form your LLC with them.
While other states require LLCs to file Articles of Organization, Alabama requires a Certificate of Formation instead. This document will ask for your business name, LLC type (series, professional or nonprofit), the name and address of your registered agent, a copy of your name reservation certificate, and a few other details about your business.
Make sure to read all of the instructions carefully. Alabama has some very particular rules for submitting the Certificate of Formation, and filing incorrectly may result in extra fees and delays. As outlined in the form instructions, you must:
Registering an LLC with the state is a hugely important step toward bringing your business to life, and if it’s not done with close attention to detail it could have serious consequences.
Since Alabama’s requirements are more complicated than other states, we definitely recommend consulting with an attorney or using an online filing service to help you through the formation process. From our perspective, the number of details you’ll have to handle can be distracting and overwhelming – taking time away from starting your business.
Next, it’s time to get an EIN (Employer Identification Number) for your LLC. There tends to be confusion around when an EIN is actually required, so let’s clear that up now. You need an EIN for your Alabama LLC if:
There are a few other specific instances when an EIN is required, which are detailed on the IRS website.
The best way to get an EIN is to apply using the IRS online application. It might take you a little while to fill out, but it’s much cheaper than having a filing service obtain it for you — in fact, it’s completely free if you do it yourself. If the online method doesn’t work for you, you can also apply for free via phone, fax or mail. We take a look at what each approach entails in our EIN guide.
If you’re starting a single-member Alabama LLC, you can skip over this step. However, if your LLC has two or more members, you’re going to need an LLC operating agreement. An operating agreement is a document that outlines the leadership/ownership structure of your LLC. This includes:
Like most states, Alabama doesn’t legally require your LLC to have a formal operating agreement in place. Section 10A-5A-1.02 indicates that an LLC’s operating agreement can be “written, oral or implied.” That said, it’s in the best interest of your business to have a written agreement to help resolve or prevent disputes when something changes in your membership structure.
There are several ways to approach writing an operating agreement, but the top two we recommend are:
This is crucial, even for single-member LLCs. Without having a designated bank account for your business expenses:
Your business will likely need to start building its own credit, so make sure to open the account using your Employer Identification Number rather than your personal Social Security Number.
Shop around. Local and national banks both offer incentives for small businesses. Do your research on:
Look through their websites, visit local branches and find out which will be the best fit based on the specific circumstances of your business. Again, both local and national options are worth considering, but we’ve ranked our 5 favorite business bank accounts to get you on your way.
Once you’ve set up your account, make sure to sync it with an accounting software. Managing your finances from the very beginning is necessary for any business to thrive, and it’s especially important if your LLC doesn’t have an accountant yet.
The final step is to take care of any permits, licenses and taxes required of your Alabama LLC. It may be that your LLC only needs a general business license, but depending on your business type you may be obligated to fulfill several requirements on a federal, state and municipal level.
Here are some resources for each:
Do some initial digging using the links above. If you find that this step is simply too complicated for you to do on your own, you might look into using a business license service. These companies will do all the research on your behalf and send you the necessary forms ready to be signed.
Forming an Alabama LLC takes some serious time and energy, especially if you’re trying to do it all on your own.
If you’d rather have professionals handle the paperwork for you, here are the three services we recommend looking into. We have reviewed each to outline exactly what you get.
– IncFile ($49 + state fee) = Best Price & Overall Value
– LegalZoom ($79+ state fee) = Best For Brand Recognition