If you need to form a Maryland LLC, you’ll need to complete and file the Maryland LLC Articles of Organization. The Articles of Organization are the official document filed with the Maryland State Department of Assessments and Taxation to establish a new Limited Liability Company. After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.
Learn how to fill out the Articles of Organization by following the steps below.
Related: Guide to starting a business in Maryland
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Steps To Fill Out The Maryland LLC Articles Of Organization
To file the Maryland Articles of Organization, you will need to submit the completed LLC Articles of Organization Form SDAT to the Maryland State Department of Assessments and Taxation. The form can be downloaded and sent by mail or filed online through the Maryland Business Express website.
In this overview, I’ll go over the online filing. To get started, visit the Maryland State Department of Assessments and Taxation’s website and create an account.
Then, click on the blue Start a New Filing button and then the Register a New Business
Next, in order to create a new Maryland LLC, we will select Maryland Limited Liability Company.
Then you will have the option of using the online forms or uploading your own documents. Unless you have experience forming an LLC in the state, I would recommend using the online forms.
Step 1: Pick a Name for the LLC
The first step in filling out the Maryland Operating Agreement is to pick a business name.
There are a couple of requirements when choosing a Maryland LLC name.
1. Your LLC’s name must not be too similar to the name of another business entity already registered with the state of Maryland. You can verify name availability by doing a Maryland LLC name search with the Maryland State Department of Assessments and Taxation to ensure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
– L.L.C.
– LLC
– L.C.
– L C
You also have the option of selecting a comma between the business name and entity identifier, ex. “My Company LLC” versus “My Company, LLC”
Enter the LLC name, including the identifier, to continue. If you choose a name that is taken, the Maryland State Department of Assessments and Taxation will return your application.
Step 2: Enter the Principal Office Address
The principal physical office location may be, but is not required to be, the actual place of the business. You can choose the store’s address, but you can also choose an address where the business records are kept.
It’s important to note that a physical address in Maryland must be used, and P.O. Boxes are not allowed.
Additionally, if there is an address where you would prefer correspondence from the state to be delivered, check the mailing address box and enter an address. You can choose the mailing address to be out of state and a P.O. Box as well.
Step 3: Enter Contact Information
Next, you are asked to provide an email address and phone number. Be sure to include contact details that are checked frequently, as if there is a problem with the filing, you will be able to fix it quickly.
Step 4: Business License Confirmation
Regardless of the business entity, operating a business in the state may require certain licenses. We have a list of common Maryland business licenses here.
This is a nice option from the state to help be sure you get the business started correctly.
Step 5: Appoint a Resident Agent
One requirement for having an LLC in Maryland is to appoint a Maryland resident agent (called a registered agent in many states). The resident agent is a party physically located in Maryland who will receive important notices and service of process (which means accepting papers that start a lawsuit) on behalf of the LLC.
You can either appoint an individual such as yourself as the registered agent or appoint someone else, such as a friend or family member (Select “An Individual” from the dropdown) or an entity such as a professional registered agent service (Select “Maryland Corporation/Maryland LLC” from the dropdown.
The main requirements to be a Maryland resident agent are that they are an adult and be at a physical address during normal business hours.
Step 6: Enter Contact Information (Optional)
If you want to add an additional contact to receive information regarding the LLC, enter their information here.
Step 7: Review the Articles of Organization
Next, review the information provided to ensure it is correct. If everything looks good, click on “Proceed to Certification”
Step 8: Certification
Include the name of an authorized person to certify the following information is correct. An authorized person can be an LLC member or anyone an LLC member has authorized to help with the filing of the Articles of Organization.
On this screen, you have the option of obtaining a Certified Copy of the Articles of Organization for an additional fee.
Step 9: Pay and Submit the Articles of Organization
Enter your payment information and submit the Articles of Organization to the Maryland Department of Assessments and Taxation.
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Maryland LLC FAQs
How much does a Maryland LLC cost?
The cost to file the Articles of Organization and form an LLC in Maryland is $100.
How long does it take to form a Maryland LLC?
It usually takes the state 7 business days to process the Articles of Organization when filing online or 4-6 weeks when filing by mail.
Expedited processing is available for an additional filing fee.
Does Maryland require an LLC to have an operating agreement?
Maryland Statute § 4A–402 states that an LLC operating agreement is optional. Although it isn’t required, it is recommended that most LLCs have one, as it can help prevent disputes among members and better protect the LLC’s legal status.
Do Maryland LLCs have ongoing costs?
Yes – Each year, LLCs are required to file the Maryland LLC annual report and pay the $300 state filing fee.
Do Maryland LLCs need an EIN?
Only Maryland 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