How to File an Alabama LLC or Corporation Amendment

Amending an Arkansas LLC Certificate of Formation

If you need to make changes to an Arkansas LLC, we’ll show you how in this section. But if you need to make changes to an Arkansas corporation, keep scrolling to the section titled, “Amending an Arkansas Corporation Certificate of Incorporation.”

Step 1: Determine if you need to amend your Certificate of Formation

In Arkansas, the Certificate of Formation is the founding document for an LLC; it’s what creates the business. In fact, until you file this form, your LLC won’t technically exist. The Certificate of Formation asks for a variety of information, including:

• Your LLC name
• Name and address of your registered agent
• Whether the LLC will be a standard LLC, a series LLC, a professional LLC, or a non-profit LLC
• Other provisions you want to include

Generally speaking, if you want to make changes to any of this information, then you’ll need to file amendment paperwork.

Step 2: Identify and gather the information you need to amend

In Alabama, you’ll use the Certificate of Amendment form to make changes to your LLC. You can use this form to make a variety of changes, from your business name to whether or not you’re a professional LLC and more. You can’t, however, use the Certificate of Amendment to change your registered agent information.

Before you dive into the paperwork, it’s helpful to gather the information you need to make your amendment. The Certificate of Amendment asks for a few pieces of info:

• Your LLC’s current name
• The date you originally filed your formation certificate
• Your Alabama Entity ID number
• Name and address of the individual filing the form
• The date your amendment was approved
• The actual text of the amendment you’re making
• Signature and title of an authorized party

If you’re going to be changing your business name, Alabama also requires you to attach a copy of your new name’s name reservation form, so be sure to get a copy of that if you need it.

Gathering this information before you start the paperwork will help streamline your filing process.

Why should I update my Certificate of Formation?

Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in Alabama, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your business.

Are there penalties if I don’t?

If your Alabama Certificate of Formation doesn’t properly reflect current business operations, the business may be deemed non-compliant. This could prevent your limited liability company from obtaining an Alabama Certificate of Compliance (called a Certificate of Good Standing in most states). Potential investors, clients, business owners, or account managers may ask to see a Certificate of Compliance before doing business with your company. Falling out of compliance can harm your company directly, and limit your ability to expand or raise capital. We can help you get your certificate with our Certificate of Good Standing service.

Step 3: File your amendment with the Alabama Secretary of State

Now it’s time to file your paperwork. To get started filing by mail, you’ll need to download the Certificate of Amendment form from the Secretary of State’s website and fill it out with the information you gathered in step 2. You can mail two copies of the form along with your payment and a self-stamped self-addressed envelope to the Secretary of State’s office.

Alternatively, you can file the form online for a faster, smoother process.

At the time of this writing, there’s a $100 filing fee for this form. Once this form is processed, your amendment will go into effect.

Amending an Alabama Corporation Certificate of Incorporation

Need to make changes to an Alabama corporation? We’ll show you how in this section.

Step 1: Determine if you need to amend your Certificate of Incorporation

In Alabama, the Certificate of Incorporation is the document that creates your corporation. Technically, until you file one, your corporation doesn’t even exist. This form asks for a variety of information about your business, including:

• Your business name
• Street address for the principal office (and mailing address, if applicable)
• Purpose for the corporation
• Amount of stock your corporation can issue and the par value
• Name, signature, and address for each incorporator
• Other provisions you wish to include

Generally speaking, if you need to make changes to this information, then you’ll need to file an amendment.

Step 2: Identify and gather the information you need to amend

Alabama corporations will need to file an Amendment to the Certificate of Incorporation form to amend a corporation. This form asks for information about a variety of changes, such as your business name, your purpose, and more. Please note that you can’t change your registered agent information with this form.

Before you jump into the paperwork, it’s helpful to gather the information you need to make the appropriate changes. The amendment paperwork requires a variety of information, including:

• Your current business name
• The date you file your original certificate
• Your Alabama Entity ID number
• Dates and titles of any previous amendments you filed
• The name and address of the person filing the form
• The date your amendment was adopted
• The exact amendment you’re making
• How the amendment was approved
• Signature of an authorized party

If you’re changing your business name, you’ll also need to attach a copy of your business name reservation.

Gathering all of this information before you file your paperwork can help streamline the filing process.

Step 3: File your amendment with the Secretary of State

Now it’s time to file your amendment paperwork. If you’re filing by mail, you’ll need to start by downloading the Amendment to the Certificate of Incorporation and filling it out with the information you gathered during step 2. Then you’ll need to send in two copies along with a self-addressed, self-stamped envelope and your payment.

Alternatively, you can streamline the process by filing your amendment online.

At the time of this writing, there’s a $100 fee for this filing. Once the form is processed, your amendment will go into effect.

Alabama Certificate of Amendment vs. Amended and Restated Certificate of Formation/Incorporation

A Certificate of Formation or Certificate of Incorporation may be restated with or without amendment at any time according to Alabama law. The restatement form is almost identical to the Alabama LLC Amendment form. 

Alabama Articles of Amendment allow you to add information and make changes. Restated Articles update and incorporate changes into the original articles so that all information is in one place. 

Alabama Amendment vs. Change of Agent

If you’re changing your registered agent information, please keep in mind that you cannot use the amendment forms to make that change. Instead, you’ll need to use the “Change of Registered Agent or Registered Office by Entity” form.

If you’re going to be changing both your registered agent form and other changes on top of it, you’ll need to file both the Certificate of Amendment and the change of agent form.

Compliance worries? We can help!

Change can be a great thing for your business. Filing your Alabama Amendment doesn’t have to be a cumbersome task, but it does need to be thorough. Consider using our Worry-Free Compliance and other state compliance services to keep you current and in good standing without the headache.