Section 45-49-90.04 - Certificate of incorporation - Filing, approval, and recording(a) When executed and acknowledged in conformity with Section 45-49-90.03, the certificate of incorporation shall be filed with the judge of probate of the county. The judge of probate shall thereupon examine the certificate of incorporation and, if he or she finds that the recitals contained therein are correct, that the requirements of Section 45-49-90.03 have been complied with, and that the name is not identical with or so nearly similar to that of another corporation already in existence in this state as to lead to confusion and uncertainty, he or she shall approve the certificate of incorporation and record it in an appropriate book or record in his or her office. The recording of the certificate shall constitute the findings and approval required by the preceding sentence.(b) When such certificate has been so made and filed, the applicants shall constitute a public corporation under the name set out in the certificate of incorporation.Ala. Code § 45-49-90.04 (1975)