How to Start Your Own LLC in Maine

This guide walks you through every step of forming a Maine LLC—from selecting a compliant business name and appointing a registered agent to filing your Certificate of Formation, drafting an operating agreement, and staying compliant year after year. By the end, you'll have a clear understanding of costs, timelines, and legal obligations so you can confidently focus on growing your Maine-based business.

1. Name Your Maine LLC

Choosing the right name for your LLC is one of the most important early decisions you'll make. Your business name represents your brand identity and forms the first impression for customers, vendors, and partners. A strong name should be unique, easy to remember, and reflective of what your business actually does.

Before settling on a name, it helps to clarify your overall business concept. Think about your target audience, the services or products you'll offer, and the image you want your company to project. Many business owners also ask trusted friends, colleagues, or mentors for feedback, as a fresh perspective can highlight strengths or potential issues with a name you may have overlooked.

Once you have a few potential names in mind, it's wise to conduct a basic web search. This allows you to see whether similar businesses already exist, whether domain names are available, and whether social media handles could cause brand confusion later. Online business name generators can also provide inspiration, though they should be used as brainstorming tools rather than final decision-makers.

Check Name Availability in Maine

After narrowing down your options, you'll need to confirm name availability through the Maine Secretary of State. This ensures your chosen name is not already in use or too similar to another registered business in the state.

Maine LLC Naming Rules

Maine has specific naming rules for LLCs. Your business name must include the words "Limited Liability Company" or an approved abbreviation such as LLC or L.L.C. It cannot contain language that suggests a connection with a government agency or implies illegal activity. Additionally, words such as bank, insurance, or university generally require special approval from the state.

Check Federal Trademarks

Beyond state availability, it's also important to check with the U.S. Patent and Trademark Office to make sure your name is not federally trademarked. This step helps protect you from legal disputes and branding conflicts once your business expands beyond Maine.

Reserve Your Maine LLC Name

If you're not ready to file your LLC immediately, Maine allows you to reserve your business name. To do this, you must download the name reservation form from the Secretary of State's website. Maine does not currently allow online name reservations—you must submit the form by mail or in person.

The name reservation fee in Maine is $20, and once approved, the name is reserved for 120 days. Completed forms should be mailed or delivered to:

Secretary of State
Division of Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101

Doing Business As (DBA) in Maine

Even after forming your LLC, you may decide to operate under a different name for branding or expansion purposes. This is where a Doing Business As (DBA)—called an assumed name in Maine—comes into play.

Many businesses use DBAs when launching new product lines or operating multiple brands under a single LLC. For example, if your LLC is named JJ's Waffles, you could register JJ's Muffins as an assumed name without forming a new legal entity. This flexibility allows you to market different offerings while keeping everything under one LLC.

Another advantage of registering an assumed name is banking convenience. With a DBA, you can accept customer payments and open bank accounts under that trade name, making your business operations more streamlined and professional.

To register an assumed name in Maine, you must download the appropriate form from the Secretary of State's website and submit it by mail. Online filing is not available. The filing fee is $125, and forms should be sent to:

Department of the Secretary of State
Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101

2. Select a Registered Agent

Every Maine LLC is legally required to appoint a registered agent. This individual or business entity acts as the official point of contact for receiving legal documents, tax notices, and government correspondence on behalf of your LLC.

The registered agent plays a critical role in ensuring your business does not miss important deadlines or legal notices. In Maine, the registered agent can be an LLC member, an individual, or a professional service, provided they meet state requirements.

Registered Agent Requirements

A registered agent in Maine must:

• Be at least 18 years old
• Maintain a physical street address within the state (P.O. boxes are not allowed)
• Be available during normal business hours
• If the agent is a business entity, it must be authorized to operate in Maine

Some business owners choose to act as their own registered agent, but this requires consistent availability at the registered address during business hours. Many entrepreneurs prefer to hire a registered agent service for added privacy, flexibility, and compliance support, especially if they travel frequently or operate from home.

3. Determine Your Management Structure

Maine LLCs can be structured as either member-managed or manager-managed, and this decision affects how daily operations and decision-making responsibilities are handled.

Member-Managed LLC

In a member-managed LLC, all members actively participate in running the business. This structure works well for small businesses where owners want direct control over operations.

Manager-Managed LLC

In contrast, a manager-managed LLC appoints one or more managers—who may or may not be members—to handle daily management tasks. This option is often chosen when some members prefer to remain passive investors.

Although a member can serve as a manager in a manager-managed LLC, Maine requires that this role be shared with at least one non-member manager. By default, an LLC in Maine is considered member-managed unless otherwise stated in the Certificate of Formation.

Choosing the right management structure early on helps avoid internal conflicts and ensures expectations are clearly defined.

4. File a Certificate of Formation with the Maine Secretary of State

To legally form your LLC, you must file a Certificate of Formation with the Maine Secretary of State. Unlike many states, Maine does not allow online filing for this document—you must submit it by mail or in person.

Information Required

The Certificate of Formation requires basic but essential information, including:

• LLC's legal name
• Principal office address
• Registered agent details
• Registered office address

Completed forms should be mailed with the filing fee to:

Secretary of State
Division of Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101

Filing Fee & Processing

• Filing fee: $175
• Processing typically takes 10 to 18 business days

5. Draft an Operating Agreement

An Operating Agreement outlines how your LLC will be owned and managed. Unlike many states, Maine requires LLCs to have an operating agreement, though it may be written, oral, or implied through conduct. Despite this flexibility, having a written agreement is strongly recommended to avoid disputes and misunderstandings.

A well-drafted operating agreement typically covers ownership percentages, voting rights, profit distribution, management responsibilities, procedures for adding or removing members, and how disputes will be resolved.

While templates are available online, having an attorney review or draft your agreement can provide additional legal protection and clarity.

6. Get Your Employer Identification Number (EIN)

An EIN is issued by the IRS and is used to identify your business for tax purposes. It is required if your LLC has more than one member, plans to hire employees, or chooses corporate tax treatment.

You can apply for an EIN directly through the IRS website at no cost. The application must include the name and taxpayer identification number of the "responsible party," who controls the company's finances and operations.

7. Obtain Business Licenses and Permits

Licensing requirements in Maine vary depending on your industry and location. While Maine does not issue a general statewide business license, many towns and cities require local licenses or permits to operate legally.

Maine's Business Answers service is a helpful tool that guides you through licensing requirements based on your specific business activities. Depending on your operations, you may need industry-specific licenses, zoning permits, health permits, or sales tax registration.

Failing to obtain required licenses can result in fines, penalties, or business shutdowns, so thorough research is essential.

8. Determine Your Tax Status

By default, Maine LLCs are taxed as pass-through entities, meaning profits and losses flow directly to the owners' personal tax returns.

Default Tax Treatment

Single-member LLCs are treated like sole proprietorships for tax purposes, while multi-member LLCs are taxed as partnerships unless an election is made to be taxed as a corporation. LLCs can also elect S-Corporation or C-Corporation status if it better suits their financial strategy.

In addition to federal taxes, LLCs may be subject to Maine state income tax, sales tax, and employer payroll taxes, depending on business activities.

Annual Reporting in Maine

Maine LLCs must file an annual report with the Secretary of State every year by June 1st. The filing fee is $85, and failure to file on time can lead to penalties or administrative dissolution.

Maine LLC FAQs