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The rule that decides who can serve is section 10A-1-5.31 of the Code of Alabama. It binds each filing entity and each foreign filing entity registered in the state. Your LLC has to name an agent and an office, and it has to keep both for as long as it exists. The agent is the person on whom a lawsuit or a formal notice aimed at your company can be served. Our Alabama LLC guide shows where the agent fits in the formation filing.
What makes someone eligible
The statute gives two options.
- A person. An individual who is a resident of Alabama.
- A business. A domestic entity, or a foreign entity registered to transact business in Alabama.
There is a third requirement that people miss. The agent must maintain a business office at the same address as your registered office. So the agent needs an office at that address, not only a home in the state.
The address rule
The registered office has to be a street address where process can be personally served on the agent. Two more points come straight from the section:
- It does not have to be a place of business of your company.
- It may not be solely a mailbox service or a telephone answering service.
The second point matters if you were hoping to use a virtual mailbox. A mail forwarding address is not a place where someone can be handed papers.
Can you be your own agent?
If you live in Alabama and have a business office at a street address, yes. The statute says an Alabama resident can serve. Read being your own registered agent before you decide, because your address ends up in a public record and court papers will arrive there. Owners who live elsewhere need another person or a qualifying entity. Our registered agent services overview explains the choice in general terms.
How do you change the agent?
The Secretary of State keeps a category of forms called Registered Agent and/or Registered Office Changes on its business entity pages. The fee schedule puts the filing at $100 for all entity types, and online filings add a portal fee. Alabama does not take a change through an annual report, because the state no longer asks for one.
What if the agent resigns?
A resignation carries no fee on the same schedule. The point to watch is what comes next. Your company still must have an agent, so line up a replacement before the old one files. Our guide to service of process explains why a missed lawsuit notice can turn into a default judgment.
What the agent does for you
The statute describes the agent as the agent of the entity on which any process, notice or demand required or permitted by law to be served on the entity may be served. In plain terms, the agent is where the papers land. Pick someone who will be at the address during the day and who will pass documents on to you the same day. Missing a summons is the costly mistake here, and the state will not chase it for you.
Finding the agent of an Alabama company
The Secretary of State's business entity records show the agent named on a company's filing. Our registered agent lookup guide walks through reading that record, and the Alabama business guide covers the state's search tool.
Fees on this page
| Filing | Fee |
|---|---|
| Certificate of Formation, LLC | $200 |
| Agent change | $100 |
| Agent resignation | No fee |
Source: the Secretary of State fee schedule linked above.
Registering a company from elsewhere
An LLC from another state that registers in Alabama names an Alabama agent on its application. See foreign LLC registration. Neighbours with their own rules are Georgia and Tennessee.
Ready to form? Use the start an LLC form.