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A Maine LLC operating agreement is an administrative document created by the member(s) of a limited liability company to outline their methods of operation and internal framework. The completed document will present an overview of the company structure, ownership percentages, member functions, and the management of company finances.
As Maine is one of the five (5) states that require LLCs to have an operating agreement, the document should be drafted immediately after filing the company’s Certificate of Formation.
Contents |
Types (2)
Single-Member – An operating agreement for LLCs created with one (1) member.
Download: PDF, Word (.docx), OpenDocument
Multi-Member – A document used by multi-member LLCs to structure their company and operations.
Download: PDF, Word (.docx), OpenDocument
Laws
- Chapter: Title 31, Chapter 21
- Definitions: § 1502
- Formation: § 1531
- Naming of LLCs: § 1508
How to File (6 Steps)
- Step 1 – Deciding the Company Name
- Step 2 – Appointing an Agent
- Step 3 – Filing the Certificate of Formation
- Step 4 – Drafting an LLC Operating Agreement
- Step 5 – Requesting an EIN
- Step 6 – Filing Annual Reports
Step 1 – Deciding the Company Name
The company will need to be given a name that is available on the Secretary of State database. The Maine Corporate Name Search is a helpful tool in identifying available LLC names. The company name must also comply with the requirements set for in § 1508.
If the company wishes to reserve a name before submitting its Certificate of Formation, an Application for Reservation of Name may be filed with the Secretary of State to hold the rights to a name for a one-hundred and twenty (120) day period.
Name reservations cost $20 for standard processing, $70 for 24-hours, and $120 for immediate. Filings must be sent to the below address by mail with a check, money order, or credit card voucher attached.
Secretary of State
Division of Corporations, UCC and Commissions
101 State House Station
Augusta, ME 04333-0101
Step 2 – Appointing an Agent
LLCs must appoint a registered agent to receive service of process and other legal paperwork on the company’s behalf. An agent may be an individual or an entity such as an agency service, as long as the agent is authorized to conduct business in Maine and has a physical address in the state. Once the agent is appointed, their information will be recorded in the Certificate of Formation.
Step 3 – Filing the Certificate of Formation
Domestic LLCs
Domestic LLCs can register their business by filing the Certificate of Formation with the Secretary of State. The filing must be submitted by mail and requires a $175 fee paid by check, money order, or credit card. Once the filing is processed and accepted by the Secretary of State, the LLC will be a registered legal entity.
Foreign LLCs
An LLC formed out-of-state that wishes to conduct business in Maine can register as a foreign LLC by filing the Statement of Foreign Qualification to Conduct Activities. Applications can only be submitted through the mail with an attached $250 filing fee payable by check, money order, or credit card.
A Note on Filings:
Completed forms should be sent to:
Secretary of State Division of Corporations, UCC and Commissions
101 State House Station
Augusta, ME 04333-0101
Expedited filings can be obtained by paying an additional $50 for 24-hour filings or $100 for immediate filings.
Step 4 – Drafting an LLC Operating Agreement
Operating agreements are drafted by members to agree on and establish company policies and structures. The document is required to customize the LLC’s internal framework, protect members against liability, and ensure the company is seen as an LLC by tax authorities. Although operating agreements are non-optional for LLCs formed in Maine, they do not need to be filed with the Secretary of State.
Step 5 – Requesting an EIN
An EIN (Employment Identification Number) is required for businesses to be identified by the IRS and if the business meets certain criteria, to begin their business operations. The IRS provides filing instructions and an online questionnaire to verify whether a business requires an EIN. An EIN can be acquired for free using one of the following methods:
- Online
- Fax: 855-641-6935
- Telephone: 267-941-1099
- Mail to:
- Internal Revenue Service Attn: EIN Operation Cincinnati, OH 45999
Step 6 – Filing Annual Reports
LLCs will need to file an Annual Report with the Secretary of State to update them on their current business structure. The report can be filed online or via a printed version by providing the LLC’s charter number. Filings require an $85 fee for domestic LLCs and $150 for foreign LLCs.
ResourcesFiling Options: Mail Costs:
Forms:
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