Selecting the Alabama Corporation or LLC Name
Keep in mind when you are selecting a name for your Alabama corporation that the name will be unique and will identify you as a separate business entity transacting business in the state. The name you choose for your corporation is required to end with “Incorporated,” “Corporation,” “Corp” or “Inc.”. When developing a name for a limited liability company Alabama requires that it end with “Limited Liability Company” or “LLC”.
Since the name you pick for your business will be identifying your corporation or LLC as a unique entity within Alabama, the name will not be accepted if it is likely to mislead the general public or if it too closely resembles the name of another corporation or Limited Liability Company formed in Alabama.
Punctuation such as dashes, question marks, exclamation points, periods, commas or hyphens in name selection should not be used. You may want to try to name your corporation or LLC so that it identifies with the goods or services you provide, but this is not required by Alabama state.
Selecting a Board of Directors
A corporation within Alabama can have several members as directors but is only required to have one. Since the board is responsible for the management of the corporation, it is suggested that the board be comprised of individuals that are officers or shareholders who have some type of daily involvement with the running of the corporation. Alabama requires that any director be the minimum of 19 years of age.
Business corporations are expected to file annual returns using form 20C or 20S depending on whether a “C” or “S” corporation. All corporations are expected to file the Alabama Business Privilege Tax Return and Annual Report. The amount of tax is dependent on a number of factors and the minimum amount due is $110.00.
An LLC within Alabama is required by law to file as either a corporation or a partnership dependent on the election made on the SS-4. All employer’s are expected to register with the Department of Revenue for a withholding tax account number and withhold the appropriate amount from employee’s wages. Alabama also requires the collection of sales and use tax on the retail sale of tangible personal property.
The registered agent must have a physical street address within Alabama state. PO boxes are not acceptable, within Alabama.