Steps to Amend an Alabama Certificate of Formation
A Certificate of Formation is the document you file with the Alabama Secretary of State to officially and legally start your limited liability company (LLC). The Certificate of Formation lists the basic information about your LLC. It’s like a birth certificate for your company, only over time this information can change. You may need to file an Alabama LLC Amendment to make sure that your business is able to grow while remaining legally compliant with the state.
Step 1: Determine if you need to change your Alabama Certificate of Formation
An Alabama Certificate of Formation is required in order for your business to receive the benefits of limited liability company status. But as your business grows and expands, changes will likely need to be made in order to progress. Some of those changes need to be reported to the state.
If you have a multi-member Alabama limited liability company, you need the consent of all owners before making changes.
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 2: Identify what to change in your Alabama Certificate of Formation
There are several parts of your Certificate of Formation that can be changed by filing an Alabama Certificate of Amendment with the Secretary of State. These areas include:
- The name of your limited liability company
- Principal physical business address
- Company mailing address
- Member/owner information
There are additional forms that must accompany your Alabama LLC Amendment document if you need to change your registered agent or the name of your limited liability company. If you need a new registered agent, check out our Alabama registered agent service and cross that task off of your list of things to do. If you’re only changing your registered agent, you can submit the registered agent change form without having to complete an Alabama Certificate of Amendment.
Step 3: Gather information for filing your Alabama amendment
In order to submit an Alabama LLC Certificate of Amendment, you need to cover several pieces of information about your company, including:
- The full business name of your Alabama limited liability company.
- The month, date, and year your Certificate of Formation was originally filed.
- Your Alabama entity ID number, which can be found by searching the Alabama Business Database. The Secretary of State assigns this number.
- Contact information for the person preparing the form for submission.
- A copy of any previous Certificates of Amendment, including when and where they were filed.
- The amendments that the Alabama Certificate of Amendment seeks to implement. You should be as specific as possible and use attachments where necessary.
- The signature and printed name of the person filing the document with the Secretary of State.
- If applicable, attach additional forms to change your registered agent or name of your Alabama limited liability company.
Your Alabama Certificate of Amendment must be typed. Handwritten documents will not be accepted. The online PDF is editable, and you can type directly on the form before printing.
If you’re just starting your limited liability company, consider using our Alabama LLC formation services to streamline the process.
Step 4: File your Alabama LLC amendment
Submit one original signed copy of the amendment form and one photocopy. Also include a self-addressed, stamped envelope that includes the filing fee. There is a section on the form for credit card information. You can also pay by check.
File your Alabama LLC Certificate of Amendment by sending the completed form and supporting documents to the Secretary of State’s Business Services office.
Feeling overwhelmed? We can simplify the amendment process with our amendment filing service. You could also use our Worry-Free Compliance service, which includes two amendments annually at no additional cost.
Alabama Certificate of Amendment v. Amended and Restated Certificate of Formation
A Certificate of Formation 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 of Formation update and incorporate changes into the original articles so that all information is in one place.
Compliance worries? We can help!
Change can be a great thing for your business. Filing your Alabama LLC 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.
Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.