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How to File Maine LLC Certificate of Formation

A lot goes into the conception and planning of a new business. It is the Certificate of Formation that makes the LLC official. Being prepared before sitting down to complete the application will help you finish it efficiently.

First, have all of the required information handy. You will be asked for the following information:

  • The name of the Maine LLC
  • The name and address of the registered agent
  • If applicable, the delayed effective date
  • The name, telephone number, and email address of a contact person

Second, the cost of filing the Certificate of Formation is $175, so have a credit card or check ready to go.

Finally, standard processing time is 5 to 10 business days. Expedited processing is also available. The reservation can be processed in 24 hours for an additional $50 fee or done immediately for an additional $100 fee.

Checks are payable to the Maine Secretary of State. If paying by credit card, submit a completed credit card voucher with the reservation.

 

Filing Options

When filing the Certificate of Formation, the application materials can be mailed or delivered in person. Note that online filing is not available.

The applications and payment can be sent or delivered in person to the following address:

Secretary of State

Division of Corporations, UCC and Commissions

101 State House Station

Augusta, ME 04333-0101

 

Want Help Filing Your Certificate of Formation?

If you decide to use your time building your business rather than completing paperwork, but don’t want to spend the money on an attorney, an LLC formation service is a great compromise.

Lots of online incorporation services are out there but do vary in perks offered, processing times (theirs, not the state’s), and price.

In general, a service will collect and review your information, prepare the documents, and send them to the Maine Bureau of Corporations, Elections and Commissions. They will contact you when the Certificate of Formation has been filed.

One additional benefit offered by some services is a free year of registered agent service. Others offer order tracking or notifications of future legal requirements needed with the state.

After reviewing all the top LLC services available, we found IncFile and Northwest Registered Agent the best overall options. While neither of them have as high brand power as the industry giant, LegalZoom, both services have great customer support, prices and offer a free registered agent.

 

(Post Formation Checklist) After LLC Formation

After you have filed the formation documents with the state, it’s important not to overlook a few critical details.

Taxes

On the federal level, most LLCs do not pay taxes directly to the government. Instead, they report income and losses on the owner’s personal 1040 tax returns. Schedule C is often used for reporting. Unless the LLC chooses to be taxed as a corporation, a single-member LLC is taxed as a Sole Proprietorship and a multi-member LLC is taxed as a Partnership.

Similarly, most LLCs will pay state tax on pass-through income via their personal income tax returns. The exception is if an election is made to tax the LLC as a corporation.

Unlike some states, Louisiana does not require LLCs to pay a franchise or privilege tax.

If your LLC has employees, you will need to pay a withholding and unemployment tax. Businesses that sell merchandise will need to pay a sales or use tax. Registration with the Department of Revenue is required for sales, use and withholding taxes.  Registration with the Maine Department of Labor is required for the unemployment tax.

Finally, an LLC may need to file and pay a local tax to a city, municipality, or county.

Licensing

General licenses are issued at the local level. For contact information for your municipality, visit Maine.gov Local Government portal.

A  professional or occupational  license may also be needed before a business can begin operations. Check out the Resources by Profession listing on Maine’s website.

Reporting

After an LLC is formed, an annual report must be filed with the state of Maine by June 1 each year. An emailed reminder will be sent prior to the due date.

The filing fee is $85. Failure to file the annual report and pay the fee will result in a loss of good standing. A penalty will also be assessed.  If the penalty is not paid, the LLC risks dissolution by the state.

The reports can be filed online, or a hard copy can be printed and sent through the mail or delivered in person to the following address:

Secretary of State

Division of Corporations, UCC and Commissions

101 State House Station

Augusta, ME 04333-0101