Section 10-2B-1.22

Filing, service, and copying fees.

(a) The probate judge 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:

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

(c) There is hereby established in the State Treasury a fund to be known and designated as the Secretary of State Corporations Fund. 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 corporations 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 corporations 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 probate judge shall be charged and paid into the appropriate county treasury or to the probate judge 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 a domestic or foreign corporation:

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

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

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

(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 corporations 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 probate judge for filing shall be delivered to the Secretary of State for filing, all certificates required to be issued by the probate judge 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 one hundred dollar ($100) surcharge shall be imposed.

(Acts 1994, No. 94-245, p. 343, §1; Act 2000-724, p. 1550, §1.)