(a)

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Terms Used In Alabama Code 10A-1-4.31

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probate: Proving a will
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) The Secretary of State shall collect the following fees when a filing instrument described in this title is delivered to the Secretary of State for filing:

a. Certificate of formation for all entities: Two hundred dollars ($200).
b. Amendment to a certificate of formation and a restated certificate of formation: One hundred dollars ($100).
c. Name reservations and notice of transfer of name reservation: Twenty-five dollars ($25).
d. Certificates, articles, or statements of dissolution or cancellation: One hundred dollars ($100).
e. Foreign entity registration including a statement of foreign limited liability partnership: One hundred fifty dollars ($150).
f. Certificate of existence: Twenty-five dollars ($25).
g. Certificates, articles, or statements of merger, conversion, and share exchange: One hundred dollars ($100).
h. Any other filing instrument required or permitted to be delivered to the Secretary of State for filing pursuant to this title: One hundred dollars ($100).
(2) If a state of emergency declared in this or any other state or by the federal government renders substantial compliance with this article impossible or unreasonable, the Secretary of State may waive the certificate of existence fee of twenty-five dollars ($25).
(b) The judge of probate shall collect the following fees when a filing instrument described in this title is delivered to the judge of probate for filing:

(1) Certified copy of statements of authority, denial, and cancellation thereof, permitted to be filed with the judge of probate: One hundred dollars ($100).
(2) Certified copy of certificates, articles, or statements of merger and conversion filed pursuant to this chapter, Chapter 2A, Chapter 5A, Chapter 8A, Chapter 9A, or Chapter 10: Five dollars ($5).
(3) Any other filing instrument required or permitted to be delivered to the judge of probate for filing pursuant to this title: One hundred dollars ($100).
(c) There is hereby established in the State Treasury a fund to be known and designated as the Secretary of State Entity Fund. All funds, fees, charges, costs, and collections accruing to or collected by the Secretary of State under this section or any other fees collected by the Secretary of State relating to entities shall be deposited into the State Treasury to the credit of the Secretary of State Entity Fund except as so provided in subsection (e).
(d) Except as set forth in subdivision (e)(1), all funds now or hereafter deposited in the State Treasury to the credit of the Secretary of State Entity Fund shall not be expended for any purpose unless the same shall have been allotted and budgeted in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or this section.
(e)

(1) From the two hundred dollar ($200) fee collected by the Secretary of State for the filing of a certificate of formation in final irrevocable full payment of immediately available funds, the Secretary of State shall pay the sum of one hundred dollars ($100) to the county treasurer for the county in which the office of the initial registered agent for that entity is located, which sum shall constitute the entire fee due to that county for the formation of that entity.
(2) After the payment of the amounts set forth in subdivision (e)(1) have been paid, 70 percent of the remaining funds collected by the Secretary of State in final irrevocable full payment of immediately available funds in relation to entities during the fiscal year shall be deposited to the credit of the State General Fund.
(f) The fees imposed for the office of the judge of probate or required to be paid by the Secretary of State to the county treasurer pursuant to subdivision (e)(1) shall be charged and paid into the appropriate county treasury or to the judge of probate as may be authorized or required by law.
(g) The Secretary of State shall collect the following fees for copying and certifying the copy of any filing instrument relating to a domestic or foreign entity:

(1) Two dollars ($2) a page for copying.
(2) Ten dollars ($10) for the certificate.
(h) The judge of probate shall collect the following fees for copying and certifying the copy of any filing instrument relating to an entity:

(1) Two dollars ($2) a page for copying.
(2) Ten dollars ($10) for the certificate.
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