(a) To form a filing entity, a certificate of formation complying with Sections 10A-1-3.03, 10A-1-3.04, and 10A-1-3.05 must be filed in accordance with Article 4.
(b) The filing of a certificate of formation described by subsection (a) may be included in a filing under Article 8.
(c) The existence of a filing entity commences when the filing of the certificate of formation takes effect as provided by Article 4.
(d) Except in a proceeding by the state to terminate the existence of a filing entity, the filing of a certificate of formation by the filing officer is conclusive evidence of:
(1) the formation and existence of the filing entity;
(2) the satisfaction of all conditions precedent to the formation of the filing entity; and
(3) the authority of the filing entity to transact business in this state.
Structure Code of Alabama
Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 1 - General Provisions.
Article 3 - Formation and Governance.
Division A - Formation, Existence, and Certificate.
Section 10A-1-3.01 - Formation and Existence of Filing Entities.
Section 10A-1-3.02 - Formation and Existence of Nonfiling Entities.
Section 10A-1-3.03 - Duration.
Section 10A-1-3.04 - Execution of Certificate of Formation.
Section 10A-1-3.05 - Certificate of Formation.
Section 10A-1-3.06 - Filings in Case of Merger or Conversion.
Section 10A-1-3.07 - Certificate of Existence or Registration.