How to Form an LLC in Maine

Maine Secretary of State—Bureau of Corporations, Elections, and Commissions
101 State House Station
Augusta, ME 04333-0101

207.624.7752 telephone
207.287.5874 facsimile

Statutory Authority: Maine Limited Liability Company Act — Me. Rev. Stat. § 31-21 (2012)

Maine LLC General Filing Instructions

1. Confirm availability of company name and reserve if necessary.
2. Complete the “Certificate of Formation.”
3. Complete the “Filer Contact Cover Letter.”
4. Submit the completed documents, a photocopy of each, and filing fees to the Maine Secretary of State.

Maine Certificate of Formation

The following information is legally necessary and sufficient to form a limited liability company in Maine:

1. Company name
2. Filing date
3. Registered agent name and address
4. Date
5. Signature and printed name of each authorized person

Maine LLC Fee Schedule

Application for Reservation of Name: $20.00
Certificate of Formation: $175.00
Statement of Foreign Qualification to Transact Business: $250.00
Expedited Service: $50.00—24 hours, $100.00—immediate
Certified Copy: $5.00
Annual Report: $85.00
Certificate of Cancellation: $75.00

Company Name

Your company name must end with a limited liability company designator. In Maine the specific limited liability company designators are: “Limited Liability Company” “Limited Company” “L.L.C.” “LLC” “L.C.” “LC”

Conduct an entity name search on the Maine Secretary of State website to confirm availability of your company name.

If the name you want is available you can reserve it for 120 days by filing an “Application for Reservation of Name” and paying a name reservation fee of $20.00. NOTE: Reserving your company name is optional.

Registered Agent

The registered agent maintains a physical presence in the state to accept service of process, annual report notices, and other communications directed to the company and to forward the same to the company to which the service, notice, or communication is directed.

Maine requires that every business entity have and maintain a registered agent in the state. The registered agent may be either a Maine resident or active Maine business entity that has a Maine street address and consents to accept legal papers on your company’s behalf. Post office boxes and commercial personal mailboxes are not acceptable.

NOTE: Your company should not serve as its own registered agent. You can, however, personally serve as registered agent provided you are a Maine resident and have a Maine street address.

Optional Provisions

The state provided forms ask for and specify what is legally sufficient and necessary to form a Maine limited liability company. Nevertheless, Maine permits you to add other provisions to your Certificate of Formation as an attachment.

The most common optional provisions are the following:

☐ Management of a limited liability company by designated managers
☐ Appointment of managers by a designated member or group
☐ Indemnification of members
☐ Indemnification of managers
☐ Right to admit new members
☐ Right to continue upon dissolution of dissociation

Post Formation and Ongoing Compliance

1. Draft and adopt an operating agreement.
2. Obtain a federal employer identification number by completing IRS Form SS-4.
3. If electing alternative tax entity filing status complete IRS Form 8832.
4. Open company bank account.
5. Create and maintain company records book.
6. File Annual Report.

Registering as a Foreign Entity

1. Complete the “Statement of Foreign Qualification to Conduct Activities.”
2. Attach a certificate of existence or a similar document duly authenticated by the official having custody of corporate records in the state under whose law the company was organized.
3. Complete the “Filer Contact Cover Letter.”
4. Submit the completed documents, along with the $250.00 filing fee, to the Maine Secretary of State.

Dissolving a Maine LLC

1. Complete the “Certificate of Cancellation.”
2. Complete the “Filer Contact Cover Letter.”
3. Submit the completed documents, along with the $75 filing fee, to the Maine Secretary of State.

How to Form an LLC in Maine
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