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NOTICE FROM PROBATE COURT
New Alabama Business and Nonprofit Entity Code

Effective January 1, 2011, the new “Alabama Business and Nonprofit Entity Code”, Ala. Code, §§10A-1-1.01, et seq (1975) took effect. This Code deals with the formation, amendment, dissolution and other matters of all profit and non-profit business entities in the State of Alabama. It further standardizes all forms for such entities in this State. The applicable forms are available on the Secretary of State's website at https://www.alabamainteractive.org/sos/welcome.action. Please note also, that the fee structure for filings was also changed. Those attorneys who have involvement in this type practice are encouraged to become familiar with the new provisions of this Code, and especially with the recording requirements and fees now applicable.

In addition, and pursuant to that certain Attorney General Opinion issued on January 26, 2011 (2011-031), a name reservation is now required for ALL entities formed in the State of Alabama. A copy of this opinion may be obtained by contacting the Probate Court's Recording Division at 251-574-6040, or by accessing the Attorney General's web site at www.ago.alabama.gov.

Some important terms for filing fee determination and a listing of the new filing fees are as follows:

Business Entities
Terms for Filing Fee Determination
§10A-1-1.06

  1. Certificate of Formation is the same as:
    1. Corporation
      • Articles of Incorporation
      • Certificate of Incorporation
      • Charter
    2. Limited Partnership
      • Certificate of Limited Partnership
    3. Limited Liability Company
      • Articles of Organization
    4. Business Trust or Real Estate Investment Trust
      • Declaration of Trust
      • Reference to Articles of Incorporation
      • Certificate of Incorporation
      • Charter
      • Certificate of Limited Partnership
      • Articles of Organization
  2. Certificate of Termination is the same as:
    1. Corporation or Limited Liability Company
      • Articles of dissolution
    2. Limited Partnership
      • Certificate of Cancellation
    3. Articles of Dissolution or Certificate of Cancellation
      • Certificate of Termination
      • Certificate of Dissolution
    4. Certificate of Termination
      • Articles of Dissolution
      • Certificate of Dissolution
  3. Certificate of Merger is the same as:
    1. Articles of Merger
    2. Certificate of Merger
  4. Certificate of Registration is the same as:
    1. Registration

Business Entity Fees
[As in the past, separate checks are required for each specific document –
one payable to the Secretary of State for the designated amount and
one to the Probate Court for the designated amount]

 

NEW

NEW

FILING INSTRUMENT

FEE FOR STATE OF ALABAMA

FEE FOR THE JUDGE OF PROBATE MOBILE COUNTY

Certificate of formation and restated certificate of formation

$100

$53

Amendment to certificate of formation

$50

$28

Name reservations
A. Less than 24 hours
B. 24 hours or more


$25
$10


No Fee
No Fee

Certificate of termination

$100

$53

Certificate of merger; articles of consolidation or share exchange

$100

$53

Foreign entity registration including registration of foreign limited liability partnership

$150

No Fee

Certificate of existence
A. Less than 24 hours
B. 24 hours or more


$25
$10


No Fee
No Fee

Registered limited liability partnership registration

$100

$53

Registered limited liability partnership annual report

$100

No Fee

Partnership statement (filing or certifying)

$25

$28

Any other document required or permitted to be filed under this title

$25

$28

Copying fee

$1.50 per page

$1.50 per page

Certificate

$5

$5

Please Note: §10A-1-4.31

There is no distinction in the fees between profits vs. nonprofit entities.
There is no distinction in the fees for foreign vs. domestic entities.

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For any questions regarding the foregoing information, please contact the
Probate Court, Recording Division, at 251-574-6040.

 

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