Alabama LLC Amendment Form: Approval, Filing, and Effective Date

To change your LLC’s name, principal office address, or management structure in Alabama, file the Alabama LLC amendment form — officially the Certificate of Amendment — with the Secretary of State and pay a $100 filing fee. You can submit it online or by mail, but not by email.1Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of Amendment Before you touch the form, though, the change has to be approved internally, and if you’re changing the LLC’s name, you need a Name Reservation Certificate in hand first.

What the Certificate of Amendment Covers

Any change to information in your original Certificate of Formation is handled through this one form, with one important exception.2Alabama Legislature. Alabama Code 10A-5A-2.02 – Amendment or Restatement The Certificate of Formation contains your LLC’s legal name, registered office address, and whether the company is member-managed or manager-managed, so amendments typically involve:3Alabama Legislature. Alabama Code 10A-5A-2.01 – Certificate of Formation

  • Adopting a new legal name for the LLC.
  • Updating the principal office address on file.
  • Switching between member-managed and manager-managed.

The exception: registered agent changes. Do not use the Certificate of Amendment to change your registered agent or their address. Alabama uses a separate Change of Registered Agent or Registered Office by Entity form, which requires the new agent’s signature accepting the role.4Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of AmendmentChange of Registered Agent or Registered Office by Entity

Get Internal Approval First

Alabama’s LLC statute requires the amendment to be approved the way your operating agreement specifies. If the operating agreement doesn’t address it, every member of the LLC must approve the change.2Alabama Legislature. Alabama Code 10A-5A-2.02 – Amendment or Restatement The form itself asks for the date the amendment was adopted, so hold the vote, document it in your records, and note the date before you start filling anything out.

Name Changes Need a Name Reservation

If your amendment changes the LLC’s name, you have to attach a copy of a Name Reservation Certificate issued by the Secretary of State.1Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of Amendment The reservation confirms your proposed name is available and meets Alabama’s rules, which require the name to include “Limited Liability Company,” “L.L.C.,” or “LLC.”

Reserve the name online or by mail through the Secretary of State’s office. The reservation carries its own fee separate from the $100 amendment fee, so budget for both. Online reservations process faster and typically cost a few dollars more than mail. Once approved, attach a copy of the certificate to the Certificate of Amendment and submit them together.

What to Have Ready Before You File

Incomplete forms get sent back, so gather everything before you start:

  • The LLC’s exact legal name as it currently appears on state records, not the name you use informally.
  • The Entity ID Number. Alabama uses a nine-digit format now; if you remember a six-digit number from older paperwork, three leading zeros have been added.5Alabama Secretary of State. Business Entity Records
  • The date the original Certificate of Formation was filed.
  • The exact text of the amendment. The form wants the specific language being changed, not a summary.
  • The date the members or managers adopted the amendment.

If you don’t have the Entity ID Number, look it up through the Business Entity Records search on the Secretary of State’s website.5Alabama Secretary of State. Business Entity Records

How to Submit and Pay

You can file by mail, by courier, or through the Secretary of State’s online business portal. Email is not accepted.1Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of Amendment The fee is $100 either way, and if the filing is rejected, no fee is charged until you correct and resubmit.6Alabama Secretary of State. Domestic Business Entities Brochure 2022

By Mail or Courier

Send two copies of the completed form and a self-addressed stamped envelope to:

Secretary of State, Business Services
P.O. Box 5616
Montgomery, Alabama 36103

Include a check or money order for $100 made out to the Secretary of State, or fill out the credit card payment slip that comes with the form. The form has to be typed or laser-printed. Attach the Name Reservation Certificate if you’re changing the name.1Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of Amendment

Online

The Secretary of State’s online portal collects the same information, takes credit card payment, and processes faster than mail. The form still requires an authorized signature, so whoever is signing needs to be available when you submit.1Alabama Secretary of State. Domestic Limited Liability Company (LLC) Certificate of Amendment

When the Amendment Takes Effect

The amendment is legally effective the moment the Secretary of State accepts the filing. If you want the change to start on a later date, you can specify a delayed effective date on the form, but it cannot be more than 90 days after the document is signed. Once processed, the Secretary of State returns a filed and stamped copy. That’s your official proof the amendment is on record, so keep it with your formation documents.

Update Your Operating Agreement

The Certificate of Amendment updates the public record. Your internal operating agreement needs to match. If you changed the name, address, or management structure with the state, revise those provisions in the operating agreement so the two documents don’t contradict each other. An inconsistency here can cause friction with banks, business partners, or in any dispute where the documents are compared. Have the members sign or acknowledge the updated version and file it with your company records.

Federal Follow-Up

Filing with Alabama does not notify the IRS. Depending on what changed, you may have separate federal steps.

If the LLC’s business address changed, or if the person responsible for the entity’s tax matters changed, file IRS Form 8822-B. A change in the responsible party has to be reported within 60 days.7Internal Revenue Service. About Form 8822-B, Change of Address or Responsible Party – Business

A name change or address change alone does not require a new EIN. Switching from member-managed to manager-managed doesn’t either. You do need a new EIN if the LLC terminates and forms a new entity, such as converting to a corporation, or if a single-member LLC has to start filing employment or excise taxes for the first time.8Internal Revenue Service. When to Get a New EIN