What is a Limited Liability Company?
Frequently asked questions about starting and running an LLC, or limited liability company.
If you want to start a business in Maine, consider forming a limited liability company (LLC). An LLC is a popular business structure that combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. An LLC also protects you, the owner, from being personally liable for the business's debts.
Below are the steps you need to take to create an LLC in Maine. For more information on how to form an LLC in any state, check out our article on how to start an LLC. You can also use our online LLC formation service to register your LLC.
When you choose a business name for your Maine LLC, you'll need to follow the state's laws around LLC names. Maine, like other states, has rules for what you can and can't name your LLC.
LLC name must be distinguishable. You must pick a name for your LLC's name that's distinguishable (different) from the names and trademarks of other business entities already on file with the Maine Secretary of State (SOS). You can check which names have already been taken by using the SOS's corporate name search. (Me. Rev. Stat. tit. 31, § 1508 (2024).)
LLC name must include an entity designator. Under Maine law, an LLC must contain the words "limited liability company" or "limited company," or the abbreviation "L.L.C.," "L.C.," "LLC," or "LC." You can abbreviate the words "limited" as "Ltd." and "company" as "Co." (Me. Rev. Stat. tit. 31, § 1508 (2024).)
Name reservation. You can reserve an available name for 120 days by filing an Application for Reservation of Name with the SOS. You can't renew the reservation. As of 2024, the filing fee for the application is $20. (Me. Rev. Stat. tit. 31, § 1509 (2024).)
Using an assumed name. You don't have to use your LLC's official legal name registered in your certificate of formation (called "articles of organization" in other states) when you do business out in the real world. Instead, you can use an assumed name, also called a "DBA" (short for "doing business as"), "trade name," or "fictitious name." If you do use a name other than your business's legal name, you must register your assumed name with the SOS. To register your name, file a Statement of Intention to Transact Business Under an Assumed or Fictitious Name (Form MLLC-5) with the SOS. As of 2024, the fee to register an assumed name is $125. (Me. Rev. Stat. tit. 31, § 1510 (2024).)
Every Maine LLC must have an agent for service of process in the state—known as a "registered agent." A "registered agent" is an individual or business entity that agrees to accept legal papers on the LLC's behalf if it's sued. Maine is relatively unique in its registered agent options.
In Maine, an LLC's registered agent must be either:
A "commercial registered agent" is a person or business that's filed a commercial registered agent listing statement with the SOS. You can appoint yourself or another LLC member as the LLC's registered agent. Your registered agent must be located in Maine.
(Me. Rev. Stat. tit. 5, §§ 101 and following (2024).)
You can create a Maine LLC by filing a Certificate of Formation (Form MLLC-06) with the SOS. This form is called "articles of organization" in other states.
At the very least, the certificate must include the following information:
(Me. Rev. Stat. tit. 31, § 1531 (2024).)
The certificate will also ask you for additional information based on your individual circumstances.
You must mail in the certificate. As of 2024, the filing fee for a Certificate of Formation is $175.
Maine, like most states, doesn't require an LLC to adopt an operating agreement. While not legally required, it's still important to create this organizational document for your company. An operating agreement—like bylaws for a corporation—will establish the rules and procedures for how your LLC will operate, including your LLC's management structure.
This operating agreement should generally cover:
You don't need to file your operating agreement with the state but you should put it in writing.
You gain many advantages when your LLC adopts an operating agreement. The agreement allows the LLC members to create their own rules for their company. In the absence of an agreement, the state's default rules under its LLC laws will govern the LLC's operations.
In addition, an operating agreement can help preserve your limited liability by showing that your LLC is truly a separate business entity from its owners. Moreover, investors and banks typically like to see an LLC's operating agreement when determining whether to invest or loan money to the company.
For help creating an LLC operating agreement, you can use our online LLC formation service.
Other tax and regulatory requirements might apply to your LLC. For instance, your LLC might need to obtain an EIN, apply for business licenses and permits, and register for business taxes.
EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for your LLC only if you'll have employees or you elect to have your LLC taxed as a corporation instead of a sole proprietorship (disregarded entity). You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.
Business licenses. Maine doesn't issue a general business license at the state level. But depending on your business activities and location, your LLC could need to obtain local and state business licenses. For local licenses, check with the clerk for the city or town where the LLC's primary place of business is located. Many cities have websites with helpful information. For state license information, you can visit the business licensing webpage on the Maine government website to access links to licensing resources.
Maine Revenue Services. In some cases, for example, if you have employees or will be selling goods and collecting sales tax, you'll need to register with the Maine Revenue Services (MRS). You can register your LLC to file and pay taxes online via the Maine Tax Portal. For more information on Maine LLC tax registration, check out our article on LLC annual report and tax filing requirements in Maine.
Here are some other questions you might have about your Maine LLC.
If you're just starting your business or have already been operating as a sole proprietor, you should consider forming an LLC. LLCs limit an owner's personal liability for business debts and lawsuits and offer a lot of flexibility when it comes to ownership, management, and taxation of the business.
To learn more about LLCs and decide if it's the right business structure for you, see our article on LLC basics.
Below are the fees (as of 2024) you might need to pay to form your LLC in Maine:
Filing on your own is often the cheapest option, but completing all of the forms and filing them yourself can be complicated. Hiring a lawyer is another option, but it will often cost you hundreds, if not thousands, of dollars in the process. If you'd like help completing all the filings, try our online LLC formation service.
To learn more about the costs associated with forming and running an LLC, see our article on how much it costs to form an LLC.
Yes. Every LLC must file an Annual Report with the SOS. The report and tax are due every year by June 1. As of 2024, the fee to file an annual report for your LLC is $85.
You can file your annual report online. Alternatively, you can mail a paper copy of your annual report to the SOS. You can create a preprinted annual report form through the Maine government website by providing your LLC's charter number.
For more details, see our article on LLC annual reports and tax filing requirements in Maine.
Apart from annual reports, your LLC will need to file and pay applicable taxes to the local, state, and federal governments. In addition, your LLC might need to obtain and periodically renew any required general or special business licenses or permits. You'll be responsible for keeping track of these maintenance requirements to keep your LLC in good standing and legally compliant.
Starting in 2024, all LLCs were previously required to submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury. However, in March 2025, after some constitutional challenges, FinCEN revised the BOI reporting rule so that the requirement only applies to companies created outside the U.S. So, if you form your LLC within the U.S., then you no longer need to worry about the BOI reporting requirement.
You're not required to have an operating agreement for your LLC in Maine. Though, it's highly advisable to have one. An operating agreement can help protect your limited liability status, prevent financial and managerial misunderstandings among members, and ensure that you choose the rules that govern your business instead of your state's default rules.
Yes. To do business in Maine, all LLCs organized outside of the state (called "foreign LLCs") must register with the SOS. Your foreign LLC must appoint a registered agent for service of process that's physically located in Maine.
To register, file a Statement of Foreign Qualification to Conduct Activities (Form MLLC-12) with the SOS. Along with your certificate, you must include a certificate of existence or good standing (or a similar document) from your home state that's no more than 90 days old.
Before filing, make sure the LLC's name is available in Maine by conducting a corporate name search. If the name isn't available, the foreign LLC must adopt a fictitious business name for use in Maine and submit with the application a Statement of Intention to Do Business Under A Fictitious Name (Form FICT-4). An additional $40 fee (as of 2024) must be paid when filing the statement.
You must submit your filings by mail. As of 2024, the filing fee is $250 for a Statement of Foreign Qualification.
Your foreign LLC will also need to submit an annual report each year. (Your foreign LLC will need to pay a higher filing fee than Maine LLCs for annual reports.)
(Me. Rev. Stat. tit. 31, §§ 1621 and following (2024).)
See our article on qualifying to do business outside your state for more guidance.
Yes. For most formation purposes, a Maine single-member LLC is considered the same as a multi-member LLC. The steps to form a single-member LLC in Maine are generally the same as those listed above.
Single-member LLCs do have additional flexibility when it comes to filing a tax return. To learn more, see our article on how single-member LLCs pay federal income tax.
Yes. If you provide a licensed professional service in Maine and want to form an LLC, you can form a professional LLC (PLLC). For example, attorneys, dentists, physicians, and certified public accountants provide professional services. In general, if you or your business need a license, certification, or other legal authorization to provide a service, then you provide a professional service. Some professionals wishing to form an LLC might be required to form a PLLC.
You can form a PLLC by filing a Certificate of Formation (Form MLLC-06) with the SOS. You must indicate that you intend to form a PLLC and specify which type of professional services your LLC will be formed to perform.
You can only perform the services indicated in your certificate of formation and any services reasonably related to the named professional services.
(Me. Rev. Stat. tit. 13, §§ 721 and following (2024).)
If you reach the point where it's time to close your business and cease all operations, then you'll want to properly dissolve your LLC to limit your liability for lawsuits and government fees. To dissolve an LLC in Maine, you should:
(Me. Rev. Stat. tit. 31, §§ 1591 and following (2024).)
You'll also need to close your tax accounts and take any other steps necessary to close out your business. See our article on what you need to do when closing your business for more in-depth information and guidance.
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