§ 10A-1-3.01 — Formation and Existence of Filing Entities

Alabama § 10A-1-3.01

• Jurisdiction: Alabama
• Title 10A: Alabama Business and Nonprofit Entities Code
• Ch. 1: General Provisions
• Art. 3: Formation and Governance
• Div. A: Formation, Existence, and Certificate

Text

(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.

Legislative History

(Act 2009-513, p. 967, §13.)