When starting a business and registering it as an entity in Maine, business professionals can select from a variety of business structures. Launching a sole proprietorship, general partnership, corporation, or limited liability company (LLC) requires you to file a Certificate of Formation or Articles of Incorporation with the Maine Department of Secretary of State. After gaining recognition, you’ll have to make a series of organizational decisions. One of them involves whether you want to operate under the LLC’s name or another moniker, typically known as an “assumed name,” “fictitious name,” “trade name,” “doing business as,” or DBA. If you’re on the fence about the public-facing name or are unsure about how to get a DBA in Maine, the following highlights the pros, cons, and steps needed to secure an assumed business name.
It’s not uncommon for a business entity to have two different names. The first is the legal name filed with the state, and the second is the DBA Maine companies use for diverse purposes. The legal name can be primarily used to handle interactions with the state. Things like paying taxes or acquiring licenses and permits usually require LLCs to file paperwork using the primary legal name.
A Maine DBA allows enterprises to separate the legal name from the fictitious name the public knows. It’s essential to understand that you can onboard multiple DBAs in Maine. With the exception of a sole proprietorship or partnership, states usually require companies to file for a certificate of assumed or fictitious name.
If you are opening your first LLC or considering the value of a DBA in Maine, a fictitious or assumed name provides wide-reaching benefits. These rank among the key reasons industry leaders adopt a doing business as title.
It’s important to keep in mind that a DBA in Maine is best utilized when connected to a legal entity. Sole proprietorships and partnerships can file for a certificate of assumed or fictitious name in Maine. While that strategy helps distinguish the activities from the people, they will likely not gain the liability protections of an LLC. That’s largely because a DBA is not a standalone legal entity that offers legal protections. To insulate yourself from being personally named in a civil action, it’s critical to have a legally recognized business entity such as a corporation or LLC. These are other disadvantages associated with a DBA in Maine.
The consequences of operating under a fictitious name in Maine can be substantial. If you intend to operate a DBA in Maine, the state requires you to register the fictitious or assumed name. Failing to comply may result in negative actions, such as the following.
If you harbor any taxation concerns about acquiring a DBA in Maine, you can rest easy. The DBA Maine organizations utilize is an add-on to the legal entity. The fictitious or assumed name is not taxed separately. Other than adding the DBA to checks, internet platforms, and branding materials, it’s business as usual.
Filing for a DBA in Maine typically involves gathering legal documents and following the requirements outlined on the Maine Secretary of State’s platform. The state requires you to follow certain established rules regarding the name. It may be prudent to make a short list of doing business as names handy. That’s primarily because not every option will meet the DBA Maine guidelines, while others may not be available.
All Maine DBAs must be unique and easily distinguishable from those of other companies, sole proprietorships, and partnerships. It cannot be fraudulent or misleading in any fashion. The New England state also has a list of prohibited words that include profanity and obscenities, as well as monikers such as “bank” or suggesting it is part of a government agency. A fictitious name in Maine cannot use business entity labels such as LLC, Corp, or Inc. One of the caveats to registering a DBA is a prohibition on using the proper name for the Native American Tribe, Passamaquoddy. To use Passamaquoddy, you will need to gain express written consent from tribal leaders.
Go to the Maine Secretary of State’s website and click on Corporation Search. This will take you to a web page where you can enter potential fictional names via keywords. Type in the name and click the tab. A list of business entities and DBAs that have already been taken will appear. Continue to input options until the search comes back blank.
If you are running a sole proprietorship or partnership, you’ll need to file the Maine DBA with your local clerk’s office. The Secretary of State’s platform has a Listing of Municipal Clerks & Registrars link. Type in the place where you plan to establish the operation, and the appropriate contact information should pop up. Contact the clerk for local DBA filing requirements. For LLCs, go to the Secretary of State’s website and follow these steps.
You will be required to fill out the form that applies to your particular entity type. Download the corresponding form and send in a hard copy. In-state companies file for an assumed name. Those headquartered outside the state use a fictitious name in cases where the DBA is not necessarily available.
The filing fee for an assumed name costs $125, and a fictitious name is $40. The state does not charge renewal fees.
Maine is one of the rare states that does not have a digital DBA filing system in place. That means you’ll need to either present the documents in person or mail them to the following address:
Maine Secretary of State
Division of Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101
The department will review your request and render a decision on whether it adheres to the state’s naming regulations. An assessment of its uniqueness and the possibility of other similarly named organizations will be conducted.
Having a DBA in Maine provides wide-ranging benefits that help growing businesses market, brand, and expand their goods and services. The ability to establish a wing of your LLC to distinguish a product line or non-profit element helps elevate value and further goal achievement. If you are launching a new venture or need to maintain a laser focus on operational success, there are third-party platforms that can navigate the Maine filing system on your behalf.
The short answer is: No. You have the option of running an LLC under the same legally recognized name as its Secretary of State filing. It’s important to keep in mind that Maine does mandate organizations to file a DBA.
Yes. If you decide to discontinue the use of a DBA, fill out the cancelation form and mail it to:
Maine Secretary of State
Division of Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101
The state charges a $20 processing fee.
Maine does not set a limit on how many DBAs an organization can adopt. Each “doing business as” name must meet the guidelines and be filed with the state along with processing fees. Each DBA calls for individual registration.
The average waiting period for a DBA in Maine typically runs 10-15 business days. Processing times can take longer in some cases.
In Maine, registered DBAs do not need to be renewed as long as the business remains operational. It’s advisable to cancel your DBA if you are no longer using it or shutter the operation.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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