Many business owners choose to form limited liability companies (LLCs) to protect their personal assets and enjoy tax advantages. This is because LLCs are separate legal entities from their owners, which generally provides personal liability protection, similar to corporations. But, like sole proprietorships, they have more operational and tax flexibility.
Maine especially offers LLC owners a lot of freedom in how they run their business. The Pine Tree State prides itself on a business-friendly environment and supports several initiatives, such as the Maine Small Business Advocate, to help uplift local entrepreneurship.
That said, while many states have offer online business registration, the Maine Secretary of State requires you to file formation documents on paper and submit by mail or in-person. While this slightly complicates the process, this guide will walk you through everything you need to know to start your Maine LLC with confidence.
How to start a Maine LLC in 7 steps
Your Maine LLC officially forms when your certificate of formation is approved by the Secretary of State (this form is also called articles of organization in other states). You’ll need to take care of a few things before you fill out this form, so read on to know what to expect. When you’re ready to get started, LegalZoom’s LLC formation service can handle the paperwork so you can start your business stress-free.
Step 1: Choose your Maine LLC name
Before you can file a certificate of formation, you need a name. Your LLC name must be unique and meet Maine’s LLC naming requirements:
- The name of the LLC must contain either the words “limited liability company” or “limited company,” or any of the following abbreviations: "L.L.C.," "LLC," "L.C.," or "LC.” You can also choose to abbreviate “Limited” as “Ltd.,” and “company” can be abbreviated as “Co.”
- If the business is a low-profit limited liability company, it can use the abbreviations “L3C” or “l3c.” A low-profit limited liability company must meet specific statutory requirements, including operating primarily to further a charitable, educational, or similar public purpose.
- The name must be distinguishable from existing Maine domestic or foreign business entities, plus names that are reserved, assumed, or fictitious.
- The name needs to be distinct from registered marks, such as trademarks, unless the owner of the mark also owns the LLC and files ownership proof with the Maine Secretary of State. Conduct a free trademark search with LegalZoom to identify exact matches, or a comprehensive trademark search for a better picture of potential conflicts.
- Your LLC name can’t contain words such as “bank,” “savings,” or “trust” without obtaining authorization from the Maine Bureau of Financial Institutions.
In addition to names that don’t meet these rules, the Maine Secretary of State can reject LLC names that do any of the following:
- Contain obscene language
- Promote abusive or illegal activity
- Falsely imply an affiliation with a government agency
For a preliminary search of name availability, use the Maine Secretary of State’s Corporate Name Search tool to check if any existing businesses are using your desired LLC name. Or, try out our free name check tool below. If you’re struggling to come up with a unique business name, try our free business name generator.
Free Maine Business Name Check
Use our free name check tool to search the Maine Secretary of State database and see if your business name is available.
By clicking "Check Availability," I agree to LegalZoom's Terms of Use. This search is a preliminary check of state databases and does not include variations or trademarks. Results do not guarantee name availability or compliance with legal requirements.
Once you confirm that the name is available, you may want to reserve it while you prepare the rest of your application. You can reserve your business name for 120 days by filing an Application for Name Reservation form along with a $20 filing fee to the Maine Secretary of State. Or, if you’re ready to get started right away, you can proceed with filling out your formation documents.
Step 2: Appoint a registered agent
Maine law requires all LLCs to appoint and maintain a registered agent—the individual or entity that acts as the point of contact to receive service of process for an LLC. Service of process refers to the official delivery of legal documents, such as a lawsuit.
The agent can be a commercial or noncommercial registered agent. Commercial registered agents are professionals or services that have registered as an agent with the Secretary of State. Noncommercial agents could be yourself, an employee, or another member of the LLC. Whichever agent you choose needs to meet the following requirements:
- A Maine registered agent must have a physical address in Maine (a P.O. box is not sufficient).
- The agent must be available at their listed address during regular business hours to receive any legal documents on behalf of your LLC.
- They must consent to the role.
Because the registered agent’s name and address become public record, many businesses choose to hire a commercial agent for privacy and convenience. The registered agent is appointed directly in the certificate of formation, although if you change your agent later, then you can appoint a registered agent by filling out a Statement of Appointment form and submitting the form and a $35 filing fee to the Maine Secretary of State.
Step 3: File the certificate of formation
Once you have a name and registered agent, you’re ready to file a Certificate of Formation (Form MLLC-6) with the Maine Secretary of State. This is the document that officially forms your LLC.
Maine is one of the few states that doesn't offer online business registration. You’ll need to submit your Maine certificate of formation by mail or in person, which makes accuracy and completeness essential. If the Secretary of State returns the document due to an error, it could significantly delay your formation timeline.
Here’s all the information you need to include in your Maine LLC certificate of formation:
- The name of the LLC. Include the proper business designator (LLC, L3C, etc.)
- The filing date. Specify the date you want your LLC to form, if later than the filing date.
- Type of LLC (if applicable). Check a box only if you intend for your LLC to meet the classification of a low-profit LLC or if you will be a professional LLC providing a service that requires state licensing, such as accounting, legal services, or medical care. If so, list the professional service your LLC will offer.
- If your registered agent is a commercial agent. List the name and CRA public number of your LLC’s registered agent.
- If your registered agent is a noncommercial agent. List the name, physical street address, and mailing address (if different from the street address) of your LLC’s registered agent.
- Contact information. Provide the name, phone number, email address, and mailing address of the LLC’s contact person.
You also have the option of attaching a statement of authority along with the certificate. This document describes the authority that you’ll grant one or more individual(s) to transact business on behalf of the LLC. To do so, complete the statement of authority form for an additional $50 filing fee.
When you’re ready to file the certificate of formation, sign it and mail the form along with a $175 filing fee (payable by check or money order) to the Office of the Maine Secretary of State at the address below. If applicable, attach any supporting documents and the relevant fees. You can also pay the fee(s) by credit card if you submit a credit card payment voucher along with your certificate.
Missouri Secretary of State
Business Services
P.O. Box 778
Jefferson City, MO 65102
Step 4: Create an operating agreement
An operating agreement outlines the ownership structure of your LLC, describes the roles of each owner (member), and details how the business will operate. Maine doesn’t require LLCs to file an operating agreement, but having one in place is essential for several reasons:
- Limited liability protection. An operating agreement helps demonstrate that the LLC is operated as a separate legal entity, which can support limited liability protections if they are challenged.
- Internal dispute prevention. Operating agreements lay out clear written rules about member responsibilities, profit distribution, and decision-making procedures, which can prevent costly conflicts.
- Legal guidance. Without an operating agreement, courts will make judgments based on state defaults, which may not be in the best interest of your company or its members.
- Banking requirements. Many banks require an operating agreement before opening a business account for your LLC.
If you’re not sure where to start, here’s some common information to include in an LLC operating agreement:
- Basic business information, such as its name, purpose, duration, and principal address
- Registered agent information
- Members’ names, addresses, titles, and contributions
- How profits will be distributed
- Member responsibilities
- Daily operations
- Voting rights
- Guidelines for meetings
- Tax structure
- Procedures for acquiring new members, transferring ownership, and dissolving the business
- Indemnification and liability clauses
LegalZoom can also help you create an operating agreement that aligns with Maine laws and your specific business needs.
Step 5: Obtain an employer identification number and open a business bank account
Once your LLC is set up, you can get an employer identification number (EIN) from the IRS. This is a nine-digit federal tax ID to businesses for tax purposes, but it also allows your LLC to do the following:
- Open a business bank account. A separate bank account is essential to protect your limited liability status.
- Hire employees. You will need an EIN to pay withholding taxes for your employees.
- Maintain privacy. You can use an EIN instead of your Social Security number on business-related legal or financial documents.
You can apply for an EIN online for free on the IRS website. Or, let LegalZoom handle the paperwork for you with our 100% accurate filing guarantee.
Building a business is enough work as it is. We'll help you start your LLC with confidence.
Step 6: Register for state taxes and licenses
Depending on your business activities, you may need to register for state taxes. To do this, you will need to make an account with the Maine Revenue Services’ online tax portal.
While your exact obligations will depend on your business activities, here are a few common taxes for small businesses:
- Sales and use tax. New businesses that sell tangible goods or provide taxable services must register to file Maine Sales and Use Tax returns.
- Service provider tax. Businesses that provide specific services, such as movie rentals, telecommunication services, and rent-to-own services must register for Service Provider Tax.
- Employer withholding tax. New employers must register to withhold taxes from employee wages.
- Unemployment insurance. New employers may also need to register with the Maine Department of Labor for unemployment insurance.
A CPA or business attorney can give you more specific advice on which taxes apply to your company.
Step 7: Obtain business licenses
Business licenses exist at the federal, state, and local levels. Maine doesn’t have a general state business license, but there are several industries that require licenses. Some types of business activities—such as selling liquor or food—also require additional permits or licenses. Check the Maine government’s Resources by Profession page for licensing information for specific industries.
For licenses at the local level, contact your town or city office to find out what business licenses or permits your LLC needs. Zoning (for construction) and home-office permits are common examples.
LegalZoom also offers a business license service that simplifies the process. We’ll ask a few questions and then compile a list of all the licenses and permits your business will need.
Helpful tips when starting your LLC
Here are a few other steps you can take to set your LLC up for success.
- Register a domain name. Even if you don’t plan on doing business online, a website adds credibility and introduces potential customers to your goods or services. Make sure that your domain name matches your LLC name so that your audience can find you online.
- Obtain a certificate of existence. A certificate of existence serves as proof that your LLC exists and is in good standing. You can obtain a certificate of existence for $30 through the Maine Department of the Secretary of State’s Bureau of Corporations.
- Consider a foreign LLC. If you formed your business in Maine but want to start doing business in another state, you may need to register as a foreign LLC in that state.
Annual filing requirements for Maine LLCs
An annual report is the main compliance filing that your LLC will need to keep up with. All Maine LLCs must file an annual report each year by June 1 to remain in good standing. The filing fee is $85 for domestic LLCs and $150 for foreign entities.
The purpose of your LLC's annual report is to provide the Secretary of State with current details about your business, such as its name, address, and registered agent. You can file online through the Secretary of State's website or file a paper copy.
It's very important to submit your annual report by the June 1 deadline. Late filings will incur a penalty fee and failure to pay the late filing penalty will result in the Secretary of State dissolving your legal entity.
If you're worried about keeping up with the filing deadline, LegalZoom’s annual report service can help. We'll stay on track of your annual report so you can focus on running your business.
The cost of forming an LLC in Maine
While the exact amount will depend on factors like your business purpose and location, the cost of forming an LLC in Maine will include at least some of the following expenses.
- Certificate of formation: $175 for a domestic LLC, $250 for a foreign LLC
- Expedited services: $50 for 24-hour service or $100 for same-day processing. (optional)
- Name reservation: $20 (optional)
- Registered agent service: $125–$250/year depending on the scope of services and support provided
- Business licenses: Varies depending on the license type
- Annual report: $85
Therefore, it will cost at least $210 to form a Maine LLC.
How to start your Maine LLC with LegalZoom
LegalZoom’s LLC formation services make it easy to start your Maine LLC. Simply answer a few questions about your business and choose the plan that best fits your needs, then we’ll take care of the rest.
Our Basic LLC formation services starts at $0 plus state filing fees and includes a name check and certificate of formation filing. With our Pro and Premium plans, you also get an operating agreement, EIN, access to customizable legal documents, and hands-on guidance from a business attorney with unlimited 30-minute attorney consultations for your first 30 days.
To help ensure your LLC remains in good standing, we also offer registered agent and compliance services. For innovators looking to protect their brand and intellectual property, we also offer trademark, copyright, and patent filing services.
LegalZoom can help you file your state's formation paperwork for as little as $0 + state filing fees.
Start an LLC in Any State
FAQs about Maine LLCs
Do I need a business license for my Maine LLC?
Yes, you will most likely need a business license for your Maine LLC. However, the type of business license you need depends on your industry type and location. There is no general state business license in Maine.
How long does it take to form an LLC in Maine?
Processing times for corporate filings, which include LLC filings, can take up to 40 business days. But if you’re in a rush, you can pay a fee for expedited services: $50 for 24-hour service or $100 for same-day processing.
Can I file my Maine LLC online?
No, Maine doesn't currently offer online options to register an LLC. All certificates of formation must be filed by mail.
How do I correct filing errors in Maine?
If you need to correct a filing error, you can fill out a certificate of amendment form (Form MLLC-9) and mail the form and a $50 filing fee to the Maine Secretary of State.
How do I dissolve a Maine LLC?
You can dissolve a Maine LLC by completing a Certificate of Cancellation (Form MLLC-11C) and submitting the document and a $75 filing fee to the Maine Secretary of State.
Do I need a registered agent for my Maine LLC?
Yes, Maine requires all LLCs to appoint and maintain a registered agent with a physical street address in the state. If you meet state requirements, you can be your own registered agent in Maine. But due to availability and privacy concerns, many LLC owners choose to hire a professional service to preserve their privacy and flexibility.
What's the difference between a professional LLC and a regular LLC in Maine?
A professional LLC (PLLC) is a special type of LLC for licensed professionals like doctors, registered nurses, lawyers, and accountants. The LLC can only provide services related to that profession.
When is my Maine LLC annual report due?
Maine LLC annual reports are due every year by June 1.
Cara Hartley contributed to this article.
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