Section 10A-1-4.31

Filing fees; all entities.

(a) The judge of probate or the Secretary of State, as the case may be, shall collect the following fees when the filing instruments described in this title are delivered to him or her for filing:

FILING INSTRUMENTFEE FOR STATE OF ALABAMAFEE FOR THE JUDGE OF PROBATE
(1) Certificate of formation and restated certificate of formation$100$50
(2) Amendment to certificate of formation$50$25
(3) Name reservations
A. less than 24 hours$25No fee
B. 24 hours or more$10No fee
(4) Certificate of termination$100$50
(5) Certificate of merger; articles of consolidation or share exchange$100$50
(6) Foreign entity registration including registration of foreign limited liability partnership$150No fee
(7) Certificate of existence
A. Less than 24 hours$25No fee
B. 24 hours or more$10No fee
(8) Registered limited liability partnership registration$100$50
(9) Registered limited liability partnership annual report$100No fee
(10) Partnership statement (filing or certifying)$25$25
(11) Any other filing instrument required or permitted to be filed under this title$25$25

(b) When appropriate, two checks shall accompany a filing instrument delivered to the judge of probate or the Secretary of State for filing, one payable to the judge of probate for all charges for the judge of probate, and one payable to the State of Alabama covering all charges for the Secretary of State. In the case of any filing instrument delivered for filing to the judge of probate accompanied by a check for the charges for the Secretary of State, the check for the Secretary of State shall be forwarded by the judge of probate to the Secretary of State. In the case of any filing instrument delivered for filing to the Secretary of State accompanied by a check for the judge of probate, the check for the judge of probate shall be forwarded by the Secretary of State to the judge of probate.

(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 the foregoing provisions of 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) 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 whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of 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) Seventy percent of funds collected by the Secretary of State in relation to entities during the fiscal year shall be deposited to the credit of the State General Fund.

(f) The fees herein imposed for the office of the judge of probate 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) One dollar fifty cents ($1.50) a page for copying; and

(2) Five dollars ($5) 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) One dollar fifty cents ($1.50) a page for copying; and

(2) Five dollars ($5) for the certificate.

(i) For requests of immediate expedition of documents to be obtained in less than 24 hours, other than name reservations and certificates of existence, by the Secretary of State regarding document filings, certifications, and certificates in addition to required fees, a one hundred dollar ($100) surcharge shall be imposed.

(Acts 1994, No. 94-245, p. 343, §1; Act 2000-724, p. 1550, §1; §10-2B-1.22; amended and renumbered by Act 2009-513, p. 967, §25.)