If you’ve found yourself on this webpage it’s most likely because you are looking to form a brand new limited liability or low profit limited liability company and you’re unsure of the filing requirements. In the state of Maine they are minimal and simple to execute. You will notice that there is no online filing method on the Secretary of State website and instead they’ve simply supplied the PDF of the formation documents, in this case, the Certificate of Formation. It’s essential that all business representatives complete this document accurately and completely before moving on to the filer contact cover letter. Both items will need to be sent to the Maine Secretary of State’s office along with a check to cover the $175 filing fee. If you’d rather pay by credit card, enter your information onto this voucher and attach it to the other two forms. It is recommended that before submitting your documents to the proper authorities, you review the laws surrounding the formation and organization of an LLC found in Title 31, §1531.
How to File (PDF)
Step 1- One of the most important decisions you will need to make is the choosing of your company name. Be sure that when selecting a title that it is both unique and representative of the nature of your business. To ensure the originality of your name use the Business Entity Search to crosscheck the Secretary of State name database. You may also want to perform Name Reservation, a filing which will secure your chosen name for a period of 120 days prior to filing.
Step 2- After establishing a unique name, you can proceed by downloading the Certificate of Formation for LLCs and L3Cs.
Step 3- Provide the following information into the first 2 pages:
- 1-Name of LLC
- 2-Date of filing (date of this filing or later effective date)
- 3-Designation as low profit LLC (if applicable)
- 4-Designation of professional LLC (if applicable)
- 5-Registered agent type, name, CRA number (if commercial), mailing and street address (if non commercial)
- 7-Any other provision you might want to add
- Signature of two (2) authorized persons and their names
Step 4- You will need to complete the cover letter containing all the contact person’s information as well as the method of payment. Included will be this information:
- Name of Entity
- List of filings enclosed
- Special handling (if applicable)
- Total filing fees enclosed
- Name of applicant
- Daytime phone number
- Email address
- The name and mailing address to receive the attested copy
Step 5- Following this you will need to pay the filing fee ($175) by check or credit card. You can expedite the filing by paying an extra $50 (24 hour processing) or $100 (immediate). Send the cover letter, the certificate and the filing fee to the below address and await correspondence confirming acceptance.
Department of the Secretary of State
Division of Corporations, UCC and Commissions
101 State House Station Augusta, ME 04333
EIN – Immediately after filing with the Secretary of State we recommend applying for an Employer Identification Number. This number will allow you to hire employees and commit to financial transactions such as applying for loans, acquiring corporate credit cards and opening bank accounts. Your EIN will also allow for Internal Revenue Services to identify you as a legitimate and tax paying entity. Please review our tutorials on the Online and PDF Application processes.
Operating Agreement– Another vital, though technically optional, step in the formation of your business is the incorporation of an operating agreement. This document will enable you to detail the internal affairs of your company such as the admittance of a new member, the capitalization of each initial associate, the allocation of funds received by the business and the sequence of events which would occur in the case of dissolution. Take the time to review the template found linked in the heading of this paragraph, available in Adobe PDF and Microsoft Word formatting, to see if it wouldn’t assist you in drafting an agreement of your own.
Renewal– LLCs, and all businesses for that matter, will be required to file an annual report to renew their status of good standing with the Secretary of State. This renewal can be accomplished online with relative ease but will unfortunately cost the domestic filer $85. The deadline each year lands on June 1st and any business failing to submit by this time will be limited in their operations and will be unable to expand their business out of state. To gain access to the annual report you will need to apply your charter number to the page linked in the heading of this paragraph.