By registering a Limited Liability Company (LLC) in the state of Maine, you can help safeguard your finances, save on taxes, and construct a business that produces lasting wealth. In addition, having an LLC has many benefits that range from impressing consumers to gaining credibility with other businesses. You can deduct certain expenses, such as marketing and advertising, from your taxes.
You can either register your business yourself or hire professional help. Still, to make your business official in Maine by forming a limited liability company, you must mail or deliver the required documents to the Secretary of State's office in Augusta. Many other states offer registrants the option to do this online; however, that is not yet available for those residing in Maine.
But if you're thinking about doing it yourself, it's important to understand the steps involved in forming an LLC. So here are six easy-to-follow steps for starting your own LLC in Maine:
Step 1: Choose a Business Name
The first step is to choose a name for your business. Remember that the name you choose must be different from any other existing business in Maine and have the phrase present "Limited Liability Company" or one of its abbreviations (LLC, L.L.C., or Ltd. Liability Co.).
By searching the state's Business Name Database, you can check to see if your chosen name is available. If it is available, you will need to reserve it for 120 days by filing a Business Name Reservation form with the Secretary of State's office. The fee for this is $35.
If you're looking to establish your business in Maine, consider the following when picking a name:
- Your LLC's name must include the phrase "limited liability company" or the short form "L.L.C." or "LLC." It must instead say "L3C" for a low-profit limited liability company.
- Your LLC's name can't imply that it's something it's not. For example, you can't use words like "bank," "attorney," or "university" unless those services are actually a part of your business.
- The proposed name of your LLC should be available for use and not closely resemble another business name already in use within Maine. You can check the availability of your desired business name by searching the Business Name Database on the website for Maine's Secretary of State.
To reserve a name for your LLC, file an Application for Reservation of Name (MLLC-1) up to 120 days ahead of time. The only requirement is $20 if filing by mail.
LLCs in Maine have the ability to use an assumed name rather than their legal registered name in the Certificate of Formation. If business owners decide on this option, they must register their chosen assumed Name with the State by filling out a Statement of Intention form and paying a $125 fee.
Consider the URL or domain name for your desired LLC name when you are naming your business. This will be critical if you want to create a website down the road.
Step 2: Appoint a Registered Agent
LLCs in Maine are legally required to have a designated middleman for the receipt and distribution of legal documents, also known as a registered agent service. Using a registered agent service is likely your best bet if you don't want the hassle or expense of maintaining a physical location.
A registered agent in the state of Maine must meet the following requirements:
- Be a Maine resident with a physical street address (a P.O. Box is not sufficient)
- Be available to receive important documents during business hours
- Be able to forward documents promptly
- Registered agents can either be individuals or businesses, but they cannot be the LLC itself. The registered agent must also have signed a Registered Agent Agreement consenting to act as the LLC's registered agent.
- You can find a list of all current Registered Agents in Maine here: http://www.mainelegislature.org/legis/statutes/5/title5ch6-Asec0.html.
Step 3: File the Certificate of Formation
After you've chosen your business name and appointed a registered agent, you'll need to file the Certificate of Formation from the Maine Secretary of State.
You can file online, by mail, or in person. The filing fee is $175.
When submitting your Certificate of Formation, be sure to include the following information:
- The LLC's name and address
- The LLC's registered agent and address
- The names and addresses of the LLC's organizers
- The date when the LLC will dissolve (if applicable)
- Whether the LLC is member-managed or manager-managed
- The effective date of the LLC (the date when it will officially be in business)
Step 4: Get an Employer Identification Number
The next step after forming your LLC is to get an employer identification number (EIN) from the IRS. You will use this nine-digit number to identify your business for tax purposes. The process of applying for an employer identification number can be done online, by mail, or by fax. There is also a phone option, but it's only available in specific states. Getting an EIN comes with no filing fee attached.
Step 5: Draft an Operating Agreement
Although the state does not require it of Maine, LLCs are strongly advised to have an operating agreement. This document outlines the LLC's ownership structure, roles and responsibilities of members, voting procedures, and more.
An operating agreement can either be written or oral, but it's always best to have a written agreement so that there is no confusion or misunderstanding later on down the road.
Step 6: Comply with Other Tax and Regulatory Requirements
Depending on the type of your business, you may be required to obtain other licenses and permits in order to operate legally in Maine. For example, if you sell alcohol, you'll need to get a liquor license.
You can find out what other licenses and permits you may need by contacting the Maine Department of Professional and Financial Regulation.
In addition to any required licenses and permits, all Maine businesses must pay state taxes. The amount of tax you'll owe will depend on your business and your annual revenue.
For more information on taxes in Maine, contact the Maine Revenue Services.
Step 7: Open a Business Bank Account
To keep your personal and business finances separate, you'll need to open a business bank account once you've obtained your EIN. This will make things much easier when it comes to filing taxes. When shopping for a business account, make sure to compare features and fees. Some banks may offer special deals or bonuses to businesses, so it's worthwhile to shop around to find the best one for you.
Step 8: File an Annual Report
All LLCs in Maine are required to file an annual report with the state. The report is due by April 1st of each year and must include the following information:
- The LLC's name and address
- The name and address of the LLC's registered agent
- The names and addresses of the LLC's members
- The date when the LLC will dissolve (if applicable)
- Whether the LLC is member-managed or manager-managed
- The name, address, and title of each person who manages the LLC
- The signature of an authorized person
- The filing fee for an annual report is $40.
- You can file online, by mail, or in person. The easiest way to file is online, as you can do it from the comfort of your own home and don't have to worry about mailing in a paper copy.
LLC Maine FAQs
Do I need a business license to operate an LLC in Maine?
No, you do not need a business license to operate an LLC in Maine. However, depending on the type of business you're in, you may be required to obtain other licenses and permits in order to operate legally.
How much does it cost to form an LLC in Maine?
The filing fee for forming an LLC in Maine is $175. You can file online, by mail, or in person.
How long does it take to form an LLC in Maine?
It usually takes about 5-10 business days for the state of Maine to process and approve LLC formation documents.
Do I need an operating agreement for my LLC in Maine?
No, the state of Maine does not require LLCs to have an operating agreement. However, it's always best to have one in place to avoid confusion or misunderstanding later on.
How often does my LLC need to file an annual report in Maine?
All LLCs in Maine are required to file an annual report with the state. The report is due by April 1st.
How much does it cost to file an annual report in Maine?
The filing fee for an annual report is $40.
How can I dissolve my LLC in Maine?
To dissolve your LLC in Maine, you must file a certificate of dissolution with the state. The fee for filing is $175. You can file electronically, by mail, or in person. You will no longer be able to conduct business in Maine once the LLC is dissolved.
Do I need a registered agent for my LLC in Maine?
Yes, all LLCs in Maine must have a registered agent. The registered agent must reside in the state and be accessible during normal business hours.
Can I be my own registered agent for my LLC in Maine?
Yes, you can act as your own registered agent for your LLC in Maine. However, keep in mind that your home address and phone number will be made a public record.
How often does my LLC need to file taxes in Maine?
The state of Maine does not require LLCs to file taxes. However, you may be required to pay federal taxes depending on the structure of your business.
What is the minimum amount of money needed to form an LLC in Maine?
No minimum amount of money is needed to form an LLC in Maine.
Do I need a separate bank account for my LLC in Maine?
No, you are not required to have a separate bank account for your LLC in Maine. However, it is generally recommended for financial purposes.
What are the benefits of forming an LLC in Maine?
Forming an LLC in Maine has many benefits, including personal asset protection, tax advantages, and flexibility in the management structure.
Are there any disadvantages to forming an LLC in Maine?
One potential disadvantage of forming an LLC in Maine is that you may be required to pay federal taxes on your business income. Additionally, LLCs are subject to certain restrictions and regulations that other business structures are not.
Do I need insurance for my LLC in Maine?
The state of Maine does not require LLCs to have insurance. However, depending on the type of business you're in, you may be required to obtain certain types of insurance in order to operate legally.
Conclusion
There you have it! Those are the eight simple steps you need to take in order to form an LLC in Maine. Just remember to stay organized and keep on top of all the deadlines, and you'll be in good shape.
