One of the first thing you’ll do when starting a business is choose a business entity. Sole proprietorship, partnership, limited liability company, and corporation are the most common business structures. However, there are advantages and disadvantages to each of them, especially when it comes to completing the necessary paperwork. Corporations are considered the most difficult business structure. If you are thinking of starting a corporation, you may be wondering about filing your Articles of Incorporation.
Forming a Corporation
A corporation is a legal entity separate from its owners. To form a corporation in Alabama, the new business owner needs to prepare the following documents:
- Domestic Name Reservation form to file with the Alabama Secretary of State.
- Domestic Business Corporation Certificate of Formation, also known as the Articles of Incorporation. Attach a copy of the Domestic Name Reservation form.
- A corporate record book. Officers keep minutes of director and shareholder meetings here, along with stock certificates and stock certificate stubs.
- Bylaws that state how your corporation will operate.
In this article, we’re concerned with the Domestic Business Corporation Certificate of Formation a/k/a Articles of Incorporation.
Contents of Articles of Incorporation
The Articles of Incorporation are sometimes referred to as the “legal backbone” of a business. Alabama corporations must prepare and file a Domestic Business Corporation Certificate of Formation or Articles of Incorporation.
A company’s articles of incorporation typically includes the following information:
- The name of the corporation, which must include “corporation,” “corp.”, “incorporated,” or “inc.”
- The street address and mailing address of the corporation’s principal office.
- Name, street address, and mailing address of the registered agent.
- The corporation’s purpose.
- How many shares the corporation may issue.
- Names and addresses of each incorporator(s).
- Names and addresses of each director.
Once the Articles of Incorporation document is signed, it’s ready to file. Instead of filing with the Alabama Secretary of State, though, it is filed with the probate court in the county where the corporation has its registered office. Corporations may amend Articles of Incorporation if necessary.
Consult with an Alabama Attorney Before Filing Your Articles of Incorporation
The attorneys at Miller Estate and Elder Law make it their business to put their clients first. We help our business clients make thoughtful choices and put together the paperwork they need. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are in Anniston and Birmingham, we help clients in Talladega, Gadsden and surrounding communities.
