What is An Alabama Amendment?
Alabama requires all businesses to inform the state of any major changes in the organization. To do this, a company needs to file the proper paperwork to formalize the changes. Doing this is known as an Alabama amendment. Generally, if a corporation or LLC decides to make changes to its Articles of Incorporation/Organization, it has to file for amendment with the state.
Reasons Why You Need To File An Amendment
There are many reasons why a company has to file an Alabama amendment. Generally, any changes that will affect the formal entity structure of the business requires the filing of an amendment with the state.
A. Changing The Company Name –
- LLCs
Sometimes, an LLC decides to change the name of the company. No matter what the reason may be, you will have to go through a legal process. Submit an amendment to the state and inform them about your plan to change your LLC’s name. Additionally, you also have to update all records of the LLC with the state and government.
- Corporations
There are also instances that a corporation chooses to conduct business under a new name. Whether it is because of rebranding or other reasons, there is a process that you have to follow. First, you will have to check the availability of the new name you have chosen by performing a search in the Secretary of State website. Aside from filing an amendment form with the Secretary of State, you may also have to change the company name on all official state and government records.
B. Changing Members Of The Business –
- LLCs
The Articles of Organization of LLCs in Alabama contain basic information about the members and managers. Their names, addresses, and contact information are there. If there are changes in any of these pieces of information, your LLC has to inform the state.
- Corporations
Corporations in Alabama submitted Articles of Incorporation when they registered their business with the state. Among the information that they provided is a list of the names of the officers and directors, as well as the contact information and addresses of each of them. The state has to be up to date about these. So, if your corporation makes any changes in any of these pieces of information, it has to report it to the state.
C. Changing Address Related To The Business –
- LLCs
The operating address of your LLC, as well as its registered office, is a way for the Secretary of State to contact your company. You will have to inform the state if you move your company’s office. This way, you can be sure that you receive all necessary and legal documents addressed to your LLC.
- Corporations
The same rule applies to corporations. Not only will the amendment update the records of your company with the state, but it will also make sure that your company receives important documents. These include those that are related to filing and tax obligations. So, remember to inform the state if you change your operating address and registered office.
D. Changing Contact Information –
- LLCs
The state has to know how to reach your LLC. If you change the contact information of your Alabama LLC, you will have to inform the state.
- Corporations
The same thing is true for corporations. If you change the contact information of your business, you have to file an amendment with the state. Doing this will make your corporation easily accessible to legal queries.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue –
Since LLCs in Alabama do not issue stock, they do not have to worry about this change. However, it is a different case if an Alabama corporation decides to make changes to its authorized stock. So, make sure you inform the Secretary of State if you are thinking of changing the number of shares that your company is authorized to sell.
What Is Needed To File An Amendment?
LLC
To amend the Articles of Organization of an LLC in Alabama, the company has to submit an original and two copies of the completed Domestic LLC Amendment to Formation/Organization form. They should have the original signature of the filer. You can download the form through the official website of the Secretary of State.
The Secretary of State filing fee for an Alabama amendment is $50. Aside from this, the company also has to check for the additional recording fee with the office of the probate judge in the county where the LLC was formed. It may vary depending on the county.
You will also need to include the LLC’s Alabama Entity ID Number, which is a six-digit number, on the form.
Corporation
For corporations, companies have to submit a completed Domestic Business Corporation Amendment to Formation/Articles form. You should prepare an original and two additional copies. The form has to have the original signature of the filer. You can grab a copy of the form from the website of the Secretary of State.
You also have to pay for the $50 Secretary of State fee. As for the recording fee, you will have to check with the office of the probate judge of the county where you formed the corporation. Each county has a different recording fee.
You will also need to include the corporation’s Alabama Entity ID Number, which is a six-digit number, on the form.
Companies can file the forms, along with the filing fee and recording fee, by mail or in-person with the probate judge. You can expect a copy of the filed amendment by mail.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to Alabama business owners who need help in handling formalities to ensure compliance with the state.
Alabama Amendment FAQs
When filing for an amendment, your company will have to pay $50 for the filing fee. Aside from this, you will also have to pay the recording fee that the Judge of Probate has set. Make sure the check or money order are separate. The state filing fee must be payable to the Secretary of State, while the recording fee has to be for the Judge of Probate’s Office.
Contact the office of the probate judge in the county where you filed the original formation documents to find out how much it costs. To check the Judge of Probate in the county where your company resides, visit the website of the Secretary of State of Alabama. They have uploaded a list of all probate judges.
LLCs need to provide the following information to complete the Domestic LLC Amendment to Formation/Organization form:
- Name of the company
- The formation date
- The information and exact text of all articles that your company is changing
- Name and address of your registered agent
- Original signature of the authorized representative
Corporations, on the other hand, need to include the following basic information:
- Name of the company
- Exact text of all amendments that your company wants to adopt
- Date of adoption of every amendment
- Authorized signature
The office of the Judge of Probate will record, certify, and transmit the amendment along with the filing fee to the Secretary of State within 10 business days. Meanwhile, the Secretary of State will index in their database the certified amendment in about 1-2 weeks after receiving it from the probate judge.
Once the state finishes processing the amendment filing, you will receive a certified copy by mail from the office of the Judge of Probate.
Alabama Business Resources
Alabama Office of Secretary of State
Phone Number:
(334) 242-5324
Address:
Alabama Secretary of State
PO Box 5616
Montgomery, AL 36103-5616