Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Maine registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
But here’s the good news: resigning from a Maine LLC is actually pretty easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Maine LLC
Once you resign, your LLC will need to find a replacement right away. However, the Maine Secretary of State doesn’t require that you inform the company before you officially resign; it only requires that you send a copy of your “Statement of Resignation” immediately after filing it. That said, discussing your resignation with the LLC in advance can be beneficial to everyone involved. It gives them ample time to plan for their registered agent change and avoid potential penalties.
It could also expedite your resignation. Your name stays on file as registered agent for 31 days after you submit your statement unless your LLC appoints a replacement sooner. If the LLC is ready to with your successor as soon as you resign, you may not have to retain your responsibilities for those 31 days.
Submitting Your Resignation
Whether it’s because you’re moving on to another company or taking on something entirely new, soon you’ll be leaving your registered agent duties behind. But to do that, you’ll first need to file a “Statement of Resignation” with the Maine Secretary of State.
Find this form on the Secretary of State LLC Forms and Fees page. It has two parts: the statement itself and a “Filer Contact Cover Letter”
Statement of Resignation: For this section, enter your name and address, then the LLC name, mailing address, and name of the person that you intend to notify about your resignation. Sign and date it and that’s it!
Filer Contact Cover Letter: Here you must include the entity name, the filing you’ve attached, and your contact information (address, phone, email). This is also where you can choose expedited processing if you’d like.
This filing comes with a $35 fee which you can pay via check (made payable to “Maine Secretary of State”). Credit cards are also an option, as long as you include a “Credit Card Payment Voucher.” Finished? Mail your documents and payment to:
Department of the Secretary of State
Division of Corporations, UCC and Commissions
101 State House Station
Augusta, ME 04333-0101
Immediately after sending your resignation, you must also send a copy to your LLC.
Standard processing time for this form is 5-10 business days, but if you need it done right away, you can request 24-hour service for $50 or immediate service for $100 on the Cover Letter. After your filing is processed, you will remain on file as the LLC’s registered agent for 31 days, or until they appoint your replacement, whichever comes first.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. Any Maine business entity that goes 60 days without a valid registered agent can be administratively dissolved by the state. That’s a serious consequence, which is why it’s important to assist your LLC in finding a replacement.
No matter who the business nominates, they must meet Maine’s registered agent requirements. They must:
- Be an individual resident of Maine or a corporation authorized to do business in the state
- Have a physical Maine address (P.O. boxes aren’t allowed)
- Have a mailing address in Maine
- Be available at the registered address during general business hours so that they can accept mail and service of process
Any foreign entity serving as a registered agent must be authorized to conduct business in Maine. An individual LLC member may serve as the company’s agent, but sometimes it’s easiest to pass along those responsibilities to a professional service.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Maine LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Maine or something completely different.