Alabama § 10A-5A-2.03 - When Amendment to Certificate of Formation or Restated Certificate of Formation Take Effect.
Full text of Alabama Code of Alabama § 10A-5A-2.03 — When Amendment to Certificate of Formation or Restated Certificate of Formation Take Effect., with citation guidance and answers to common questions.
§ 10A-5A-2.03. When Amendment to Certificate of Formation or Restated Certificate of Formation Take Effect.
(a)(1) An amendment to a certificate of formation takes effect when the filing of the certificate of amendment takes effect as provided by Article 4 of Chapter 1.
(2) An amendment to a certificate of formation does not affect:
(i) an existing cause of action in favor of or against the limited liability company for which the certificate of amendment is sought;
(ii) a pending suit to which the limited liability company is a party; or
(iii) an existing right of a person other than an existing member.
(3) If the name of a limited liability company is changed by amendment, an action brought by or against the limited liability company in the former name of that limited liability company does not abate because of the name change.
(b)(1) A restated certificate of formation takes effect when the filing of the restated certificate of formation takes effect as provided by Article 4 of Chapter 1.
(2) On the date and time the restated certificate of formation takes effect, the original certificate of formation and each prior amendment or restatement of the certificate of formation is superseded and the restated certificate of formation is the effective certificate of formation.
(3) Subdivisions (1) and (2) apply to an amendment effected by a restated certificate of formation.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 10A-5A-2.03
What does Code of Alabama § 10A-5A-2.03 cover?
Section 10A-5A-2.03 ("When Amendment to Certificate of Formation or Restated Certificate of Formation Take Effect.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 10A-5A-2.03?
A common citation format is "Code of Alabama § 10A-5A-2.03" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 10A-5A-2.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.