GADSDEN llc LAWYER

HOW TO START AN LLC IN GADSDEN, ALABAMA

Before you begin the registration process for an Alabama LLC, it’s important to know what an LLC is and whether or not it is a viable business structure for your company, so be certain to read up on the definition and benefits of an LLC.

Here are some tips for helping you put together what you need to begin the registration process with Judge Bobby Junkins in Etowah County and the Alabama Secretary of State:

How to File an GADSDEN, Alabama LLC Certificate of Formation

To form a Gadsden, Alabama LLC, you complete and file the LLC Certificate of Formation in the following steps:

STEP ONE: Reserve your LLC name online on the Alabama Secretary of State’s website

In Alabama, the name of the limited liability company (must contain the words “Limited Liability Company” or the abbreviation “L.L.C.” or “LLC,” and comply with Code of Alabama, Title 10A-1-5.06. You may use Professional or Series before Limited Liability Company if they apply or you may use those abbreviations)

• Before you file your LLC, search the Alabama Secretary of State database to see if your proposed name is already in use.
• More than one business can have the same name. However, if there is another business in your area that would appeal to the same customers, you should consider tweaking the name to make it more distinctive.

The cost is $28.00 to reserve a name.

The form can be found here:

Etowah County, Alabama Name Reservation Request Form for Domestic Entities

step two:APPLY FOR Certificate of Formation

The form can be found here:

ETOWAH COUNTY, ALABAMA DOMESTIC LIMITED LIABILITY COMPANY (LLC) CERTIFICATE OF FORMATION

Step 3: Filling out the paperwork for the certificate of formation

Again, the form is on the Alabama SOS Website.  This form is available to download in .pdf format at the Secretary of State website.You will complete the name of the company, the address, the name and registered office address of the designated agent, and attach the certificate of name reservation.

Mail one (1) signed original and two (2) copies of this completed form and the appropriate filing fees to the Office of the Judge of Probate, Bobby Junkins.

Judge Bobby Junkins will have a fee of $63.00 and you will also need a separate check or money order payable to the Secretary of State for the filing fee of $100.00 for standard filing or $200.00 for expedited service. 

Judge Bobby Junkins' office will transmit the fee along with a certified copy of the Certificate to the Office of the Secretary of State within 10 days after the Certificate is filed.

Once the Secretary of State’s Office has indexed the filing the information will appear at www.sos.alabama.gov under the Government Records tab and the Business Entity Records link – you may search by entity name.

Your notification of filing was provided by the Probate Judge’s Office via a stamped copy which is evidence of existence (if it is certified by the Probate Office) according to 10A-1-4.04(c) and the Secretary of State’s Office does not send out a copy. You may pay the Secretary of State fees by credit card.

You will need to attach a copy of the name reservation to the Certificate of Formation.

STEP 4: CREATE AN LLC OPERATING AGREEMENT

The Small Business Administration strongly recommends that every LLC have an operating agreement that defines and structures the business.

• LLC operating agreements in Alabama are governed by Section 10-12-10 of the Alabama State Code.  At a minimum, the articles of organization must include the name of the company, its duration (can be perpetual), the business purpose, the mailing address of the office, the names and addresses of each member, the ownership percentage of each member, the procedure to add new members, the procedure to remove members, and how the company would be dissolved.
• There is no set format and can be a simple document. However, you should strongly consider having an attorney review your draft agreement and make sure it protects all members and complies with state law.
• A single member LLC must have articles of organization. The ownership percentage would be 100 percent.

STEP 5: APPLY FOR AN EMPLOYER IDENTIFICATION NUMBER (EIN)

This is a unique number assigned to your LLC by the Internal Revenue Service. Rather than using your Social Security number, the EIN is more private and secure. You will need an EIN whether your LLC has employees or not. You can apply online through the IRS website or by mail through Form SS-4. There is no charge to apply for an EIN.

Apply for your EIN here:

IRS Website

Speak to an Experienced GADSDEN ALABAMA LLC BUSINESS Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified LLC business lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact Dani Bone & Sam Bone to discuss your specific legal situation at 256-547-1005.