Start an LLC in Maine
A Maine limited liability company is a good choice for people who want to start a small business that gives them flexible tax filing and personal protection in the form of liability. To start an LLC in Maine, you’ll need to fill out the Maine LLC Certificate of Formation, pick a business name, and appoint a registered agent.
Your Certificate of Formation will ask you questions about your registered agent, business name, and business structure. Our page goes over everything asked for on the form, and you can also use our interactive tool to fill in your company’s info.
How to Start an LLC in Maine
To start a limited liability company in Maine, you’ll need to appoint a registered agent, file an LLC Certificate of Formation with the Secretary of State, and pay the $175 fee. Read our guide to learn step-by-step how to form an LLC in Maine.
1. Name Your ME LLC
Before you decide on a name for your LLC, there are a few things to consider: first off, does the name meet Maine’s legal requirements? Second, is the name available? And third, how can you protect and grow your brand through your business name?
LLC naming requirements in Maine
According to 31 ME Rev. Stat. § 1508, your LLC name must:
- Be different from all other registered business names in Maine. Just using a different entity label, like LLC instead of Inc. is not enough to differentiate the name.
- Include limited liability company, limited company, or an abbreviation, such as LLC or LC.
The law says that the Secretary of State may reject an LLC name for using obscene language, promoting unlawful activity, or falsely suggesting that the business is associated with a public institution.
You can see if your preferred name is available by using the Maine Corporate Name Search.
For reserving it, getting a domain name in Maine, and getting a DBA, you’ll need to go through a different set of requirements.
| Reserve a ME LLC name | Reserve your
LLC’s name ($20) |
| Get a Maine DBA | Register |
| Register a domain name | Get a domain name |
| Trademark your LLC name | Protect your brand |
After you’ve secured your business name, you’ll need to find a Maine registered agent so that you can complete your Maine Certificate of Formation without having it rejected by the state.
2. Appoint a Maine Registered Agent
All LLCs in Maine are required to appoint a Maine registered agent when they file the Certificate of Formation. Your registered agent’s job is to accept state and legal mail on behalf of your business and deliver it promptly to you.
Maine registered agent legal requirements
Your registered agent must:
- Have a physical address (no P.O. Boxes or virtual offices) in the state of Maine, which will go on the public record.
- Be available during regular business hours to accept service of process.
The complete requirements for Maine registered agents are listed in 5 ME Rev. Stat. § 114.
Benefits of Using a Registered Agent Service
Many small business owners wonder if they can be their own registered agents. And the truth is, yes, you can. However, registered agent names and addresses are public information.
So if you appoint yourself as registered agent, your address will be visible on the Maine Corporate Name Search, where it can end up in the hands of data brokers and scam artists. This is why using a registered agent service is often the smarter choice.
| Privacy | Keep your private
address private. |
| Peace of mind | Get notified IMMEDIATELY
of legal mail. |
| Image protection | Don’t get served
at home. |
When Northwest is your registered agent, you never have to worry about us being late to the game. We scan and upload all legal mail to our clients’ accounts the same day we receive it.
3. File LLC Certificate of Formation in Maine
When you’re ready to start your LLC, you’ll need to complete the Maine Certificate of Formation and submit it to the Secretary of State, along with the $175 state fee. Here’s what you’ll need to include:
- Company name. Your company name needs an indicator like LLC.
- Filing date. This is when your LLC will start. Most LLCs select date of this filing for an immediate start, but you can choose a date up to 90 days in the future.
- Low-profit LLC. Check the box if you’re forming a low-profit LLC (must have a charitable or educational purpose).
- Professional LLC. Check the box if you’re forming a professional LLC (an LLC that offers services that require special licenses, like architecture or dentistry) and list the kind of services your LLC will offer.
- Registered agent. Person or entity that will be accepting legal mail on behalf of your LLC. Specify if your registered agent is commercial (like Northwest) or noncommercial (like your neighbor Jean).
- Name and signature of authorized person. This is the person or entity that signs and submits the Certificate of Formation. It can be someone outside of your LLC.
- Customer Contact Cover Letter. An attached form with your contact information, the amount of the fee enclosed, and whether you want expedited filing.
Optional: You have the option to attach a Statement of Authority, stating who in the LLC is authorized to enter into legal contracts with third parties.
How to file the Maine Certificate of Formation
The Certificate of Formation can only be filed by mail or in person. You can submit your Certificate along with payment to:
| In person | Division of Corporations,
UCC & Commissions UCC Section 6 E. Chestnut Street, 5th Floor Augusta, ME 04330 |
| U.S. Postal Service:
Division of Corporations, UCC & Commissions UCC Section 101 State House Station Augusta, ME 04333-0101
UPS or FedEx: Division of Corporations, UCC & Commissions UCC Section 6 E. Chestnut Street, 5th Floor Augusta, ME 04330 |
If you’re in a hurry, you can pay extra for expedited filing. $50 gets you next business day filing and $100 gets you same business day filing.
Local ME LLC
Registration Help
Register Your LLC
4. Create an LLC Operating Agreement
An operating agreement (or limited liability company agreement) is a legal agreement between the owners of an LLC, establishing the rules and structure of the company. Other than the Certificate of Formation, your operating agreement is the most important document for your LLC.
Your operating agreement can include almost any provision agreed upon by members of the LLC. At the least, your operating agreement should cover the following:
- Initial investments
- How profits and losses will be distributed
- Voting rights, decision-making powers, and management
- Transfer of membership interest
- The process for dissolving the business
It’s a good idea to hire an attorney to review your operating agreement. As a starting point, we offer free, attorney-drafted Maine operating agreement templates.
5. Get an EIN
An EIN (Employer Identification Number) is a tax ID number for your business, similar to a Social Security number. Multi-member LLCs, LLCs taxed as corporations, and businesses with employees are required to have an EIN. Even if it’s not a requirement for your LLC, using an EIN is safer than giving out your Social Security number, and it can make your business appear more legitimate.
You can get an EIN directly from the IRS for free by filing online, by mail, or (for international applicants only) by phone. You can also hire Northwest to get your EIN for you!
6. Next Steps
Once the Secretary of State has approved your Certificate of Formation, you officially have an LLC. But there are a few more things to take care of if you want to manage and grow your business for success.
Even if you’re the sole owner of your LLC, your business needs a separate bank account. Why?
LLCs are legally separate from their owners, which gives them limited liability status. Limited liability protects an owners’ personal assets if the business is sued or defaults on a debt. But if a court finds that you’re mixing personal and business finances, it could rule that your LLC isn’t truly a separate entity, and you could lose your liability protection.
To open a bank account for your LLC, first reach out to the bank and ask what documents they require for business bank accounts. Most banks will want you to bring the following:
- LLC Certificate of Formation (a copy is fine)
- Your operating agreement
- EIN
- LLC Resolution to Open a Bank Account (for multi-member LLCs)
Learn more about How to Open a Business Bank Account.
LLCs are taxed as pass-through entities by default. This means that they don’t pay corporate income tax. Instead, the profits and losses of the LLC pass to the LLC members, who report their share as personal income. LLCs can also file with the IRS to be taxed as an S-corp or C-corp.
Here are some important Maine taxes to be aware of:
- Maine income tax. Maine has a graduated individual income tax, ranging from 5.8% to 7.15%.
- Sales and use tax. Maine businesses that regularly sell goods and services need to file sales tax returns. The sales tax rate in Maine is 5.5%.
- Pass-through withholding tax. If any members of your LLC aren’t residents of Maine, you’ll need to withhold a percentage of the members’ Maine-sourced income (8.93% if the member is a C-corporation, 7.15% if not).
You can register for Maine business taxes through the Maine Tax Portal.
Maine doesn’t have a statewide general license, but some towns and cities require a local business license. You may need other permits and licenses to operate, depending on your industry and location. Maine has an online Business Answers service where you can search by keyword to find the licensing board for your industry.
In Maine, limited liability companies must file an annual report with the Secretary of State each year. The purpose of the Maine Annual Report is to make sure the state has current contact and ownership information for your LLC. The filing fee is $85, and the deadline is June 1st each year.
You can file your annual report through the Maine.gov website, by mail, or in person. Or, hire Northwest to file your annual report for you. We’ll remind you 90 days before your annual report is due, so you’ll never see a late fee.
7. Maine LLC FAQs
The state cost to start an LLC in Maine is $175. You may have to pay additional fees for licenses or permits.
LLCs are taxed as pass-through entities by default, meaning the LLC profits and losses pass through the business and are distributed to the members as income. LLCs can also be taxed as S-corporations or C-corporations.
Maine’s standard processing time for LLCs is 25-30 business days. You can also pay an expedited fee for same-day or next-day processing.
A professional LLC is a type of LLC specifically for licensed professionals, such as medical professionals, attorneys, and architects. To form a professional LLC in Maine, you file the standard Maine Certificate of Formation, check the box for professional LLCs, and list the services your LLC will provide.
To qualify as a low-profit LLC in Maine, the LLC must have a charitable or educational purpose. While low-profit LLCs can earn profits, this cannot be the main purpose of the LLC. To start a low-profit LLC in Maine, file the standard Maine Certificate of Formation and check the box for low-profit LLCs.
No, Maine doesn’t currently recognize Series LLCs. Check out our Series LLC guide to learn which states allow Series LLCs.
Yes. The filing fee for the Maine Annual Report is $85 for domestic entities, and the due date is June 1. You can submit your annual report online, by mail, or in person.
To change your registered agent in Maine, complete and file a Statement of Change form with the Secretary of State. The Maine Statement of Change must be submitted by mail or in person and costs $35.
31 ME Rev. Stat. § 1572 defines how LLC ownership may be transferred. Your LLC operating agreement should also have a process for transferring ownership. Ownership can be partially transferred (one member sells their ownership interest) or totally transferred (the entire company is sold).
In a member-managed LLC, all members take part in overseeing operations of the LLC. In a manager-managed LLC, members hire one or more managers (who are compensated) to run the LLC.
*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.
Ready to Start an LLC in Maine?
