What are Articles of Incorporation for a Huntsville, Alabama Nonprofit?

Sarah S Shepard - Due Diligence.jpeg

In Alabama, all non-profit organizations must file Articles of Incorporation to legally form and be recognized by the federal, state, and local governments.

These documents create the official record of the non-profit company with the Alabama Secretary of State and remain on file for inspection in both Montgomery and with the county probate judge’s office where the charity formed.

Read on to learn more.

Articles of Incorporation for Alabama Non-Profits

Under Alabama law, the Articles of Incorporation is the first document that must be signed and filed with the State and local governments.

Filers must include a copy of the Name Reservation form with the filed Articles of Incorporation for the appropriate Probate Judge’s Office and Alabama Secretary of State’s Office to process the filings properly.

Because these filings are public, anyone can search the records online with either the Alabama Secretary of State’s Office or the appropriate Probate Judge’s Office.

Beginning in 2020, Articles of Incorporation for newly-created Alabama non-profits may be filed online, avoiding the need to mail documents.

Alabama law requires that the Articles of Incorporation contain the following information:

  • The legal name of the Alabama non-profit entity;

  • Name and address of the initial registered agent (the registered agent must be located in Alabama and Huntsville P.O. Boxes may not be used);

  • A statement regarding the charitable nature of the Alabama organization;

  • A statement regarding whether there are members of the organization (most non-profits will not have members);

  • Name and address of the initial Directors of Board (Alabama law requires at least three Directors to serve on a non-profit’s Board);

  • The date that the Articles of Incorporation’s filing will be effective;

  • The non-profit’s charitable intent and purpose;

  • Information on how the non-profit will dissolve and dispose of any assets;

  • The name, address, and contact information for the Alabama attorney who prepared the Articles of Incorporation; and

  • The name, address, and signature of the organizer and incorporator of the non-profit.

Filings that do not contain the above-listed information do not comply with the Alabama Code and are subject to rejection by the Probate Court and Alabama Secretary of State’s Office.

Additional Filing Fees from the Alabama Secretary of State Office

Each County Probate Judge charges a local fee (at least $50.00) for filing the Articles of Incorporation, and the Alabama Secretary of State Office charges an additional fee (typically $100.00) for processing the documents.

Both fees must be paid at the time of filing, or else the application will be rejected and the new entity will not be created.