Before forming a state-registered business in Alabama, a registered agent has to be named. Learn what a registered agent is, their duties, and the requirements to be one.
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An Alabama registered agent is an individual or company designated by your business entity in Alabama to receive important legal documents and some state notices on behalf of the business. It is required by law for limited liability companies (LLCs), corporations, and all state-registered businesses.
Requirements of a valid registered agent are stated in the Alabama Statutes. A business must have and continuously maintain a registered agent and registered office in the state of Alabama. The agent must be available during normal business hours to accept service of process, notices, and demands related to the business entity, and deliver them to the appropriate parties. In essence, a registered agent serves as the public representative to deliver legal paperwork and other important notices. This position is necessary because it ensures that the correct people within an LLC are notified in the event of time-sensitive events, such as service of process for lawsuits, garnishment notices against employees, a notice of annual reports, or tax notifications.
Under Alabama law, a registered agent can be an individual resident of the state; the statute does not give a specific age. A registered agent may also be a registered Alabama domestic business entity or a foreign (out-of-state) business entity authorized to do business in Alabama. An entity cannot designate itself as its own registered agent.
Because of the nature of their role, registered agents need a physical address in the state of Alabama (a P.O. box won’t work). This location is referred to as your “registered office.” Additionally, your Alabama registered agent must be available to receive official paperwork at that address during standard business hours (Monday to Friday, 9 a.m. to 5 p.m.)
This position is necessary because it ensures that the correct people within a business are notified in the event of time-sensitive events, such as service of process for lawsuits, garnishment notices against employees, a notice of annual reports, or tax notifications.
You can be your own agent as long as you are a resident of Alabama and are fully available during all business hours.
Using a registered agent service offers several benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.
More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whoever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.
A registered agent is initially appointed when filing the business formation documents with the state. The entity must name one before the formation documents can be accepted by the Secretary of State.
The cost of a registered agent in Alabama varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead.
On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.
Changing your registered agent in Alabama requires you to fill out a “Change of Registered Agent or Registered Office by Entity” form and pay a $100 filing fee (as of this writing).
Finding a registered agent in Alabama is straightforward. If you’re considering an individual as your agent, you can simply ask a trusted friend or associate who resides in Alabama and meets the basic requirements. If you’re leaning toward professional Alabama registered agent services, a quick online search for “registered agent Alabama” will yield a plethora of options.
When evaluating these services, look for customer reviews, their years of experience, and any additional services they offer, like compliance alerts for required reports, free mail forwarding, or online storage of your important documents. Regardless of the route you choose, ensure that your registered agent is reliable, accessible, and understands the responsibilities associated with the role.
Our registered agent service can fill this role for you quickly and reliably.
In order to change your registered agent in Alabama, you need to fill out a “Change of Registered Agent or Registered Office by Entity” form. To download it, visit the Alabama Secretary of State website. On the “Business Entities” page, click the “Business Downloads” link and scroll down to find the correct form. You’ll need the following info:
The hard part is over. Now, you just need to submit your form, and you can do so by postal mail, email, or fax. No matter which option you choose, you’ll be charged a $100 fee.
Email is the quickest and easiest way to file. The Secretary of State’s office will receive your form and payment immediately, and their typical processing time is 3-5 business days. Email your completed form to miscellaneous.filings@sos.alabama.gov.
Faxing is just as quick, and you can fax your filing to (334) 240-3138 if you’d like to go this route. If filing by fax, you must pay by credit card.
If you’d rather hand it off to the postal service, that’s fine too. Just know that the change to your registered agent may take a little longer. You can pay by check, money order, or credit card. Along with your payment information, mail two copies of your completed form to:
Secretary of State, Business Services DivisionP.O. Box 5616Montgomery, AL 36103-5616
When completing your form, make sure to type and print it. The Secretary of State’s office will not accept handwritten forms, no matter how neat your handwriting is.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then your registered agent change is in the works! You should see your change reflected 3-5 days after the Secretary of State’s office receives your filing and payment.
There are numerous reasons you might need to give up your Alabama registered agent role, but only one way to resign.
Registered agents play an important role in the life of a business, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Follow these steps to resign as a registered agent in Alabama.
The first step in the resignation process is informing your business in Alabama. This is not just because it’s required by law, but also because it’s helpful to the company’s managers or members. If they’re aware of your resignation, they can begin the process to change their registered agent and facilitate a smooth transition.
Follow the instructions below to complete your resignation form, then send a copy to your business. After you do, the clock starts ticking. You have 11 days to submit your official copy to the Secretary of State’s office, according to Alabama code, Section 10A-1-5.34.
In that 11-day window after notifying your business, follow these steps to formally file your resignation with the Secretary of State.
Get started by downloading Alabama’s Registered Agent Resignation Form — it’s the only one you’ll need to submit. From the Secretary of State homepage, you can access it by selecting “Business Entities” and then “Business Downloads.”
Now that you’ve got your hands on the form, use a PDF editor (like Adobe Acrobat) to fill it out with the following information (it must be typed):
There’s no filing fee, so put your checkbook away; you won’t need it. When you’re finished with the form, print two copies and mail them to:
Secretary of StateBusiness Services DivisionP.O. Box 5616Montgomery, Alabama, 36103-5616
If you want one returned for your own records, include a third copy with a self-addressed, stamped envelope or, for a digital copy, enter your email address on the form.
As it states on the form, the resignation will take effect on the 31st day after the Secretary of State receives your filing. So don’t leave town as soon as you send it — you’ll still be the active registered agent for a little longer.
When you put down your registered agent responsibilities, someone else has to pick them up, or your business will lose its good standing with the state. Help your business keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. For example, an Alabama company that goes without a registered agent for 60 or more days — or does not notify the state of your resignation within 60 days — can be administratively dissolved. The state doesn’t mess around when it comes to registered agents, so be sure that you and your business have a succession plan in place.
Once you’ve nominated a replacement, confirm that they meet Alabama’s registered agent requirements. They must:
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the business’s managers to focus on running the business.
Navigating the world of registered agents can be daunting, but we’re here to simplify the process for you. Our registered agent service helps ensure that your business never misses an important notice and always remains compliant with Alabama state regulations regarding registered agents. With our reliable and efficient service, you can focus on growing your business while we handle the official communications.
Plus, with ZenBusiness, you get more than just a registered agent — you get a partner committed to supporting your business journey. Let us help you kickstart your enterprise with registered agent services that you can trust — choose ZenBusiness today!
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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