How to Start an LLC in Maine

Starting a Maine LLC only takes a few steps. You need to name your business, choose a registered agent, and file your Maine Certificate of Formation. Then, once your LLC is formed, you’ll need to create an operating agreement, apply for an EIN, and file your BOI Report.

Start Your Maine LLC

Create a Maine LLC in 5 Steps:

  1. Name Your Maine LLC
  2. Choose a Registered Agent
  3. File Maine Articles of Organization
  4. Set Up Business Operations
  5. File BOI Report

Step 1: Name Your Maine LLC

Naming your Maine LLC is the first step in making your business official. Before you pick the name for your business, you need to consider Maine’s laws for LLC names, found in 31 ME Rev Stat § 1508.

The requirements are:

  • Designation: The name must contain “Limited Liability Company,” “Limited Company,” “LLC,” “LC,” L.L.C.,” or “L.C.” You can also abbreviate “Limited” and “Company” to “Ltd.” and “Co.”
  • Distinguishable: The name must be different from other existing names filed with the Maine Secretary of State. This includes names of other corporations, limited liability companies, limited liability partnerships, limited partnerships, DBAs, or trademarks registered in Maine. Words like “and” and “the” do not make a name distinguishable.
  • Appropriate: The Maine Secretary of State will refuse names including obscenities or the promotion of abusive or unlawful activity. Names also cannot imitate public institutions. (Don’t include words like “federal,” “CIA,” or “bank.”)

How do I see if my Maine LLC name is already taken?

Use Maine’s Corporate Name Search to see if a business already exists with your potential LLC name.

If your potential LLC name is available, but you won’t be filing your Certificate of Formation right away, you can file an Application for the Reservation of Name to reserve your name for up to 120 days. The application and the $20 fee can be filed by mail or in person to the Maine Secretary of State’s office. The application cannot be renewed, which means you cannot file again to extend your reservation.

Step 2: Choose a Maine Registered Agent

Businesses are required to have a registered agent in Maine. A registered agent accepts legal mail and service of process for the business(es) they represent.

A Maine registered agent needs to meet the following requirements.

  1. Has a physical street address in Maine. (A P.O. box won’t work.)
  2. Is present at the street address during normal business hours.
  3. Can accept and forward legal mail to the businesses they represent.

How do I find a Maine registered agent?

Maine law describes two options. The first is a noncommercial registered agent, which can be anyone, including the business owner (you). The second is a commercial registered agent, which is a company that provides registered agent services.

Can I be my own registered agent in Maine?

Yes, you can be your own Maine registered agent. However, this means committing to consistently being available at your registered address. It also means your name and address will appear on the public record.

If you don’t mind losing a layer of privacy and flexibility, then being your own registered agent is a good option. If not, it’s worth looking into hiring a commercial registered agent like Registered Agents Inc.

Step 3: File Maine Certificate of Formation

To officially form your Maine LLC, you need to file a Maine Certificate of Formation. Here are the questions you will answer on the form:

1

Business name
The name needs to follow Maine’s LLC naming rules.

2

Filing date
If you want your filing date to be something later than the date it is actually filed, you can add that here. This might be done for tax or legal compliance reasons.

3

Low profit LLC designation
If you are starting a low profit LLC, designate that here. Low profit LLCs actively further a charitable or educational cause and cannot be focused on income or political influence.

4

Professional LLC designation
If you’re forming a professional LLC, you can designate that here. Professional LLCs tend to be related to law, accounting, or architecture. They must have the proper business licenses and be formed by someone who is qualified in their field.

5

Registered agent
You have the option to list a noncommercial registered agent or a commercial registered agent. For noncommercial, you’ll need their name, physical location, and mailing address. For commercial, you’ll just need their name and CRA number.

6

Statement of Authority
A Maine Statement of Authority authorizes different members of your LLC to sign legal forms. It costs an additional $50 to file.

After you complete your Maine Certificate of Formation, mail it to the Maine Secretary of State with the $175 fee. You also have the option to pay an extra $50 for expedited next day filing or $100 for expedited same-day filing. There is not an option to file online.

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Step 4: Set Up Business Operations

To operate your Maine LLC, there are a few more organizational steps you’ll need to complete:

Create an operating agreement.
An operating agreement is an internal document that creates the guidelines for your Maine LLC. Rules for things like adding or removing members, dividing ownership, and meeting standards are set forth in your operating agreement. Creating an operating agreement for your Maine LLC is not a legal requirement, but it is essential for the future success of your business.

Get an EIN.
An Employer Identification Number (EIN) is like a social security number for your business. You’ll need an EIN for setting up a business bank account and paying employees. It is also useful for paying federal taxes for your business.

You can file your EIN application by mail, fax, or by using the IRS Internet EIN application.

Set Up a Business Bank Account.
By establishing a business bank account, you create an important separation between your own finances and your LLC’s. Creating a business bank account is useful to:

  • Simplify tax filings
  • Strengthen your liability protection
  • Add credibility to your business

Step 5: File BOI Report

To finish setting up your Maine LLC, you need to file a Beneficial Ownership Information Report (BOI). You can submit your BOI Report using FinCEN’s e-filing system.

The BOI Report is a federal filing that allows the government to better expose scammers and shell companies. It asks for the legal name, date of birth, address, and photo ID for each beneficial owner of the reporting company (the company you are filing on behalf of). A beneficial owner is someone who owns at least 25% of the business or has control over it.

When you hire Registered Agents Inc to from your Maine LLC, add BOI Report filing and we’ll submit it for you.

Note: On December 26, 2024, the U.S. Court of Appeals paused the BOI reporting requirement, citing constitutional concerns. While it’s not mandatory for now, we’re still ready to assist you. Check back for more updates and future filing deadlines as they become available.

Frequently Asked Questions

Do I need a business license for my Maine LLC?

Depending on your Maine LLC’s area of work, you may need to get a business license. The Maine Secretary of State website has a list of specialized licenses you may need to apply for, and you should check for any required city or county licenses. You can also use the Business Answers Program to find any extra forms, licenses, or certificates you might need.

Does Maine require an operating agreement?

No, Maine does not require an operating agreement. However, it is a good idea to create one for your LLC because it can be used as a legal document to settle problems you may run into.

Does Maine require an annual report?

Yes. Once your Maine LLC is formed, you’ll need to submit an annual report every year in order to maintain good standing with the Maine Secretary of State. The legal filing deadline is June 1st, starting with the calendar year following the year you register your business. It costs $85 to file. When you hire us, we’ll file the annual report for you at no extra cost.

Can I file a Maine LLC online?

No. The Maine Certificate of Formation can only be filed by mail or in person.

What is the tax rate for an LLC in Maine?

Maine LLCs are taxed as pass-through entities by default, meaning that while members of the LLC still pay taxes on the profits and losses they receive, the LLC itself won’t pay additional taxes.

Members of the LLC are taxed at the 15.3% federal self-employment tax rate and pay a state personal income tax rate between 5.8%-7.15%.

How do I contact the Maine Secretary of State?

If you have questions about state filings or business in general, here’s how you can contact the Maine Secretary of State:

Phone: 207-624-7752
Fax: 207-287-5874
Email: [email protected]

Physical & Mailing address:
Corporate Examining Section, Secretary of State
101 State House Station
Augusta, ME 04333-0101

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