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How To Fill Out The Maine LLC Certificate Of Formation

How To Fill Out The Maine LLC Certificate Of Formation

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How To Fill Out The Maine LLC Certificate Of Formation

Are you looking to register a new Maine LLC and unsure of the steps? You are in the right place!

To start a new Limited Liability Company in Maine, the Maine LLC Certificate of Formation is the official document filed with the Maine Secretary of State. After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.

Below, I’ll go over the steps and answer some common questions people have when starting their LLC in Maine.

Related: Guide to starting a business in Maine

Anyone can learn how to form their own LLC, but using an entity formation service like Zenbusiness, Northwest, and Bizee guide you through the LLC formation process, so you will save time and know everything was done right.

Zenbusiness and IncFile are running a special where you only pay state fees for your LLC formation!

Steps To Form A Maine LLC

Maine LLC Certificate of Formation PDF

The State of Maine currently only offers filing by mail, so to get started, visit the Maine Secretary of State’s website and download the Maine Certificate of Formation Form MLLC-6.

Step 1: Choose a Name for the LLC

Maine LLC Name

The first step in forming a Maine Limited Liability Company is to make sure the name you want is available. This is an important first step because the name of each LLC must be different from other entity names registered in the state of Maine. Fortunately, the Maine Secretary of State makes it easy to do a Maine LLC name search, so you can quickly verify if your LLC name is available. 

In addition to the name being unique, the entity designator (identifier used at the end of the business name) must be either:
– Limited Liability Company
– Liability Company
– L.L.C.
– LLC
– L.C.
– LC

A comma may be used after the business name and before the designator.  “Lobster Bay Outfitters LLC” and “Lobster Bay Outfitters, LLC” are both acceptable.

If there is a name you want to use, but aren’t ready to form the LLC, the Application for Reservation of Name (Form MLLC-1) can be filed to hold the name for up to 120 days.

Step 2: Select the Filing Date

Maine LLC Filing Date

While you cannot backdate the formation date of your LLC, you can specify when you want the business entity to become effective in the future.

Some will delay the LLC’s effective date (starting date) if they aren’t ready to start the business but want to get the filing out of the way or if they are close to the end of a calendar year.

To choose today’s date for the LLC’s start date, select “Date of this filing.” Otherwise, choose “Later effective date” and the date you want the LLC to start. The start date of the LLC can be delayed for up to 90 days.

Step 3: Election of Low-Profit LLC

Maine LLC L3C Designation

If this LLC will be classified as a low-profit Limited Liability Company (L3C), indicate by checking the box.

An L3C is a for-profit business that has the goal of supporting some type of public benefit. See more information about the Maine L3C Act.

An L3C (low-profit limited liability company) is a for-profit LLC that is required to satisfy three requirements:

1. The company must at all times significantly further the accomplishment of one or more of the charitable or educational purposes within the meaning of Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as it may be amended, revised or succeeded, and must list the specific charitable or educational purposes.
2. No significant purpose of the company is the production of income or the appreciation of property. The fact that a person produces significant income or capital appreciation is not, in the absence of other factors, conclusive evidence of a significant purpose involving the production of income or the appreciation of property.
3. No purpose of the company is to accomplish one or more political or legislative purpose within the meaning of Section 170(c)(2)(D) of the Internal Revenue Code of 1986, or its successor.

Step 4: Election of a Professional LLC

Maine LLC Professional License Designation

If the business’s activities require a professional license from the state, such as accountants, attorneys, and veterinarians, this box must be checked. If professional licensing is required, you will also enter a brief explanation of the type of professional services.

If your business does not need professional licensing, leave this box unchecked.

Related: What is a Professional LLC?

Step 5: Appoint a Maine Registered Agent

Maine LLC Registered Agent

In Maine, every LLC will need to designate a registered agent. A registered agent is simply an individual or company with a Maine street address who will be responsible for any legal correspondence. This commonly includes the receipt of legal documents, such as lawsuit notifications, on behalf of the business.

While many LLC owners opt to fulfill this role themselves, some owners choose to hire registered agent services like Northwest Registered Agent. Utilizing a registered agent service ensures that your LLC adheres to state requirements while offering an added layer of convenience and confidentiality since the owner’s personal address isn’t disclosed in public records.

Related: What is a Maine registered agent?

If a Commercial Registered Agent is used, be sure to get their CRA public number and the name of their company, as this must be entered on the LLC paperwork.   Visit the Bureau of Corporations, Elections & Commissions to do a Commercial Registered Agent search.

A registered agent has to agree to serve as the agent of the LLC. While this doesn’t have to be sent in to the state, getting this in writing should be done. Nothing is required to be filled out in this step.

Step 7: Statement of Authority

Maine LLC Statement of Authority 1

This is commonly left blank, but if you plan to have additional rules for the LLC to follow, you would use this section to reference the exhibits.

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Maine LLC FAQs

How much does a Maine LLC cost?

There is a state filing fee of $175 to start an LLC in Maine.

Is there a yearly fee for an LLC in Maine?

Each year, a Maine LLC annual report and $85 state filing fee will be due for Maine LLCs.

How long does it take to form a Maine LLC?

The state normally processes the LLC paperwork in Maine in 5-10 business days. For an additional fee, one business day processing is available.

What is a Foreign Limited Liability Company?

A Maine foreign LLC is an LLC that was formed in another state but wants to physically operate in Maine. Physically operating means having a presence, such as having an office or hiring an employee.

Related: What is a foreign LLC?

Can you use a PO Box for your LLC in Maine?

No – A PO Box can only be used as a mailing address for the LLC. A physical street address in Maine must be used for the Registered Agent.

Does Maine require an LLC to have an operating agreement?

Maine Statute § 31-1521 requires that every Maine LLC is required to have an operating agreement. The operating agreement is a document that governs the framework of an LLC.  This document covers items like ownership rights, member responsibilities, how profits and losses are distributed, and more.

Related: Maine operating agreement template

Do Maine LLCs need an EIN?

Only Maine LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (EIN).

The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).

If the LLC isn’t required to get an EIN (though you can still get one), the LLC will use the social security number of the business owner.

Related: How to apply for an EIN

Do you need a business license in Maine?

The requirements for business licenses and registrations in Maine vary depending on what the business does and where it’s located.

Here is a list of common business licenses in Maine.

Author

  • Greg Bouhl

    With over two decades as an entrepreneur, educator, and business advisor, Greg Bouhl has worked with over 2,000 entrepreneurs to help them start and grow their businesses. Fed up with clients finding and acting on inaccurate and outdated information online, Greg launched StartUp101.com to be a trusted resource for people starting a business.

How To Fill Out The Maine LLC Certificate Of Formation

How To Fill Out The Maine LLC Certificate Of Formation

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