If you already have an LLC in another state and want a Maine LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Maine.
On this page, you’ll learn about the following:
Forming a Maine Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Maine, you need to register it with the Maine Secretary of State.
Step 1: Choose Maine Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Maine Secretary of State. Your LLC’s legal name outside of Maine will be listed on the application, along with the name it will use in Maine. Take note of the requirements for naming your LLC.
Step 2: Select Maine Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in Maine and take note that a Maine registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of Maine Foreign LLC
Fill out and submit a Foreign LLC Application for Registration by mail to the Secretary of State, Division of Corporations, UCC, and Commissions, 101 State House Station, Augusta, ME 04333.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in Maine
- Date when your LLC will start operations in Maine.
- Credit card information on the last page of the form for the $20 application fee plus $50 for expedited processing or $100 for immediate processing.
The LLC cost in Maine, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your Maine Foreign LLC is taxed
Foreign LLCs are also subjected to the Maine Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing Maine Foreign LLC Online
Time needed: 5 minutes.
To set up a foreign LLC in Maine, you must file your Foreign Registration Statement with the Bureau of Corporations, Commissions and Elections, State of Maine. The application fee for the registration of a foreign LLC is $250. The State does not offer online registration yet and the application can be filed either online or in-person.
- Visit the Official Secretary of State of Maine Website
The Official Website of the Secretary of State of Maine provides information about the Forms and Fees requirements of Limited Liability Companies in the State of Maine.
- Foreign Limited Liability Companies
On the following page, click on the link ‘Foreign Limited Liability Companies’ above the heading of ‘Forms and Fees’.
- Statement of Foreign Qualification to Conduct Activities
On the following page, scroll down the cursor to the heading “Foreign Limited Liability Companies”. To qualify as a foreign LLC in the State of Maine, you must fill the FORM MLLC-12. Download the application form from the link: Statement of Foreign Qualification to Conduct Activities.
- Download and complete the Application Form
On clicking the given link, the standard form for Registration opens up. Download the registration form and fill in the required details.
- Make the payment
After filing the form, make the payment in the name of “Secretary of State” with a check of $250.00.
- Submit the form
Review the details filled in the form thoroughly to avoid any future rejection or delays. Also, attach your company’s Certificate of Existence authenticated by the Secretary of State of your original jurisdiction. Submit your form to the following address: Secretary of State, Divisions of Corporation, UCC and Commissions, 101 State House Station, Augusta, ME 04333
After Forming Maine Foreign LLC
Here are added things you need to accomplish after forming your Maine Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. However, there is no online filing for a Maine LLC.
How Much Does It Cost to Register a Foreign LLC in Maine
To register as a foreign LLC in Maine, you can file through mail paying $250 payable to the Maine Secretary of State.
If you have a business in another state and want to conduct activities in Maine, you need to register as a foreign LLC. The costs to do so vary depending on the state. Generally, you can pay a few hundred dollars for this process. But before you do, you should make sure that your business meets the requirements. In some cases, your business may need local or federal permits.
When you register as a foreign LLC, you will need to provide the Secretary of State with information on how your business will operate in the state. Some of these details include the name of the business, where the business is located and the type of business you are planning to conduct. Also, you must pay a filing fee. This can be paid by cash or check, but if you choose to pay through an expedited service, you will need to pay a little more.
You will also need to file a Statement of Foreign Qualification with the Secretary of State. A foreign qualification is necessary if you are going to do banking or other services in the state, or if you plan to hire employees from the state. You will need to provide proof of your foreign qualifications, and you may have to defend yourself in state court if you do not qualify.
You will also need to provide your foreign LLC with a Certificate of Good Standing. Your certificate of good standing is required to be current within 90 days of filing for a foreign qualification. To obtain this, you will need to provide the state with information on your company, including the registered agent and address.
After you have filed the necessary paperwork, you will need to wait a couple of weeks for the documents to be processed. The state will then send you a stamped copy of your application by mail. However, the processing time can vary depending on the number of files being filed, and there are certain busy filing times that can extend the time it takes to process your documents.
Once your LLC has been approved, you will be required to file an annual report. This report must be submitted by June 1 of every year. There is a $50 late filing penalty for filing this report too late. Additionally, you will have to pay an annual report fee. Depending on the size of your business, this will range from $150 to $85.
If you are already doing business in Maine, you are not required to register as a foreign LLC. However, if you have employees or warehouses in another state, you will need to register as a foreign corporation. Both foreign corporations and limited liability companies must comply with the laws of the state where they are located.
Before registering, you must check the trademark database of the state to be sure that the name you are planning to use isn’t taken. You can reserve a name for up to 120 days.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Maine.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in Maine as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in Maine does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.