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Section 10-15-7

Filing fees.

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

DocumentFee for Fee for
State ofProbate
AlabamaJudge
(1) Statement of change of registered agent or registered office or both$5.00No fee
(2) Agent's statement of change of registered office for each affected business entity$5.00No fee
(3) Agent's statement of registrationNo feeNo fee
(4) Certificate of merger or share exchange$50.00$25.00
(5) Any other document required or permitted to be filed by this chapter $5.00 $5.00

(b) When appropriate, two checks shall accompany a document 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 document 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 document 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) All funds, fees, charges, costs, and collections accruing to or collected by the Office of the Secretary of State under the foregoing provisions of this section or any other fees collected by the Secretary of State relating to this chapter shall be deposited into the State Treasury to the credit of the Secretary of State Corporations 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 Corporations 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 this chapter 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 a fee each time process is served on him or her under this chapter in an amount prescribed by law or rule of court. The party to a proceeding causing service of process is entitled to recover this fee as costs if he or she prevails in the proceeding.

(h) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to this chapter:

(1) One dollar ($1) a page for copying; and

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

(i) The judge of probate shall collect the following fees for copying and certifying the copy of any filed document relating to this chapter:

(1) One dollar and fifty cents ($1.50) a page for copying; and

(2) One dollar and fifty cents ($1.50) for the certificate.

(j) For business entities created by an act of the Legislature prior to the adoption of the Constitution of Alabama of 1901, or which resulted from a merger or consolidation, all documents required by this chapter to be delivered to the judge of probate for filing shall be delivered to the Secretary of State for filing, all certificates required to be issued by the judge of probate shall be issued by the Secretary of State, and all fees with respect to such filings and issuance of certificates shall be paid to the Secretary of State for the State of Alabama.

(k) For requests of immediate expedition by the Secretary of State regarding document filings, certifications, and certificates in addition to required fees, a ten dollar ($10) surcharge shall be imposed.

(Act 2000-211, p. 279, §6; Act 2001-344, p. 446, §1.)



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