Forming a Maine limited liability company
To set up your very own Maine LLC, you may want to check out our formation kit, available for $34.95. It includes directions on setting up the limited liability company, how to get an EIN, a discussion on the pros and cons of this entity, and sample forms to help you cover the bases.
If you don’t need the extra information provided in the kit and just want to know how to get the forms filed, the actual steps you take to form a Maine limited liability company are pretty simple. Here’s what you do:
1. Check if the LLC name you want is available
As a first step, check if the LLC name you want to use is even available. Here’s an easy and free way to do this: You can search for a similarly named LLC using the Maine online database at:
http://icrs.informe.org/nei-sos-icrs/ICRS;jsessionid=DB4A7CCA41D873CEABCED1C79F858B77?MainPage=x
If you are unable to find the information you need through the resources provided on this web site, please contact the Bureau’s Reporting and Information Section at 207-624-7752. Although not necessary, you can also reserve a name for $20 by filling out an application.
2. Download and print the application to create an LLC and the Filer Contact Cover Letter form from the Maine Secretary of State’s web site
The URL, or web page address, for this form is as shown below.
http://www.maine.gov/sos/cec/corp/formsnew/mllc6.pdf
3. Identify the name you want to use for your new LLC
Using the first page of the form (see Figure 1) enter your business or investment name onto the lines provided. (I used the example name, “Acme Explosives LLC.”) The name must include “Limited Liability Company” or one of the standard abbreviations, “LLC,” or “L.L.C.” For example, all of the following names should be acceptable:
- Acme Explosives Limited Liability Company
- Acme Explosives LLC
- Acme Explosives L.L.C.
4. Indicate the filing date
Also using the first page of the form, if you want your LLC documents filed (recognized) by the state as soon as you file them, mark the Date of this filing check box. Alternatively, if you don’t want the LLC to exist before a specified date, mark the Later effective date box and then provide that date.
5. Indicate if your LLC is a low profit LLC
If your LLC is what Maine law calls a low profit LLC (basically a non-profit organization), mark the ‘Designation as a low profit’ check box if you meet the qualifications listed on the form.
6. Indicate if your LLC is a professional LLC
If your LLC will offer a professional service provided by the following persons: Accountants, advanced practice registered nurses, attorneys, chiropractors, dentists, optometrists, osteopathic physicians, physicians and surgeons, physician assistants, podiatrists, registered nurses and veterinarians, and any person not listed who is required by state law to have a license as a precondition to engaging in that person’s profession, then you must check the box at the bottom of the form.
If yours is neither a low-profit nor a professional LLC, the check boxes that designate one of these statuses haven’t been marked.
7. Provide your name and address to the Secretary of State’s office
On page 2 of the form, you provide the state of Maine with the name and contact information of the registered agent for the LLC. Probably you’ll be your own registered agent because there’s really nothing to the “job” at all. You can also use a commercial registered agent service, though, and in that case, you would mark the Commercial Registered Agent box and provide the commercial registered agent’s name and CRA public number.
8. Identify yourself as the LLC organizer and registered agent
You also need to provide your name and signature as the LLC organizer using page 2 of the form. Typically, and based on the assumption that you’ll also act as the registered agent, you can sign the form. Be sure to date this section.
9. Complete the Filer Contact Cover Letter
Fill out the information on the cover letter. Enter your proposed name and that you are filing a Limited Liability Company Certificate of Formation. Indicate if you want to pay extra for special handling and give the name of a person to contact if they have questions.
10. Submit the LLC Applications
After you complete the Articles of Organization document mail the document and a check for $175 to:
Corporate Examining Section
Secretary of State,
101 State House Station
Augusta, ME 04333-0101
Processing lead times vary, but in general, it takes several weeks to get your LLC certificate back from the Secretary of State’s office. If you wish to expedite this process, you can do so. There is a $50 fee to get the certificate back within 24 hours and a $100 fee to get the certificate immediately. In order to get the process expedited, you will need to take the forms in person to the above address.
