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Start Your Massachusetts LLC​

Set up your LLC in Massachusetts without the hassle.
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Benefits of starting an LLC in Massachusetts

There are many reasons to form an LLC in Massachusetts. Here are the main ones:

Legal protection in case of bankruptcy or lawsuits

Separation of personal and business assets 

Tax benefits: flexibility & pass-through taxation

Increasing credibility and trust for your business

How to form your Massachusetts LLC with Tailor Brands

Check your if California LLC name is available 

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How To Start a Massachusetts LLC in 5 Steps​

In general, you will use the following steps to start your Massachusetts LLC.

  1. Name your Massachusetts LLC
  2. Choose a registered agent
  3. File articles of organization
  4. Create an operating agreement
  5. Apply for an EIN

Step 1: Name your Massachusetts LLC​

Naming your business is one of the most important first steps in establishing your LLC. You want to pick a name that you will love for years to come—and that that conveys key facts about your company.

Massachusetts law requires that your LLC include the following designations so others know that it is an LLC.

  • Limited liability company
  • Limited company
  • LLC (or L.L.C.)
  • LC

In addition, a corporate name (including the name of an LLC) cannot be the same or similar to another business. Essentially, names should not be so similar that a customer could mistake one business’s name for another company.

You can do a Massachusetts business entity search on the Massachusetts Secretary of the Commonwealth website to see if there are any other businesses registered with the same or similar names. You might also want to do a trademark search both at the federal level and in Massachusetts.

Step 2: Choose a registered agent​

Most states refer to this person as a “registered agent,” but Massachusetts is one of just a few states that call this person a “resident agent.” The two designations are essentially the same.

A registered agent in Massachusetts is someone who is designated to receive important documents and information on behalf of the LLC. This person must reside in the state. The resident agent’s address can be the same as the LLC’s address, but it does not have to be the same.

The resident agent must be available to accept legal documents during normal business hours. Some people do not like to have their personal address listed as the business address simple for privacy concerns. If that is the case for you or your other members, you might want to ask someone else to be your resident agent.

A resident agent can also be a domestic corporation or a foreign corporation that is authorized to do business in Massachusetts. That means that you can often pay another company to be a resident agent on behalf of your LLC, or you can fulfill that role yourself.

Step 3: File articles of organization

When you create an LLC in Massachusetts, you have to file a Certificate of Organization. Many other states refer to this document as the “Articles of Organization.” While the name is different, the document is similar.

If your LLC provides professional services to customers, you need to set out what the service is. You also need to include a statement that you will abide by the liability insurance requirements set out in MGL Chapter 156C, Section 65. Of course, you should actually learn what those insurance requirements are and follow them.

State filing fees

Massachusetts requires a filing fee of $500.00 to file your Certificate of Organization. Keep in mind that the fee to reserve a name is $30.00, so the actual total fee to form an LLC might be higher. However, you are not required to reserve a name before your file a Certificate of Organization.

Below are a few other fees that you might need to consider after the initial filing of your Certificate of Organization.

Requirements

This document can be pretty extensive if you want to include more information, but Massachusetts requires the following information at a minimum:

  • Federal employer identification number (EIN), if available​
  • The name of your limited liability company​
  • The street address where the LLC is located (or where its records will be maintained)​
  • The general character of the business (what does your business do?)​
  • Latest date of dissolution (if there is one)​
  • The name and address of your registered agent​
  • The name and business address of each member (if it is different than the main business address)​
  • The name and business address of anyone else who has authority to sign documents on behalf of the LLC​
 

How to file

You can file your Certificate of Organization online by creating an account with the Secretary of the Commonwealth, Corporations Division. You simply have to email [email protected] to get a Customer ID Number and PIN to access the online filing portal.

You can also mail a completed Certificate of Organization to:

  • Secretary of the Commonwealth
  • One Ashburn Place, Rm. 1717
  • Boston, MA 012108-1512

If you are mailing your Certificate of Organization, be sure to include the $500.00 filing fee along with your document.

Step 4: Create an operating agreement

An operating agreement sets out how your LLC will function in very basic terms. It includes things like how revenue will be split and how debt obligations will be addressed. It also will address key items like what will happen when a member wants to leave or how a member’s death or disability should be handled.

Massachusetts does not legally require you to have an operating agreement. However, it is a good practice to create an operating agreement at the outset of developing your LLC. Updating it from time to time is a good habit to get into as well. 

Massachusetts is unique because some of its limited liability statutes directly tie back to the operating agreement. That means that it might be even more important to have an operating agreement for Massachusetts LLCs.

For example, MGL Chapter 156C, Section 11 provides that a member or manager of an LLC can have full legal protection when they act in good faith reliance on their operating agreement and in the records of the LLC.

MGL Chapter 156C, Section 35 creates liabilities for members who receive distributions over and above what is in their operating agreement. This type of liability can be hard to impose if you and your other members of the LLC do not create an operating agreement to start with!

Step 5: Apply for an EIN

EIN stands for “Employee Identification Number”. This is the unique tax identifier that the IRS uses for your business. Every business should have an EIN, just like every individual taxpayer has a tax ID number (like a Social Security number).

In general, if you have employees, you are required to get an EIN. Multi-member LLCs and any entity taxed as a corporation will also need an EIN. While there are some rare occasions where an LLC might not need to get an EIN, it is still a good idea to get one anyway.

If you do not have an EIN, you have to use your tax ID number for business matters (usually your Social Security number). Because of this, the benefits of getting an EIN include:

  • Decrease the occurrence of identity theft​
  • File business taxes (and avoid some tax penalties)​
  • Add credibility to your LLC (from both clients and vendors)​
  • Speed up the process of getting business loans​
  • Allows you to open a business bank account​
  • Permits you to establish business credit

Forming an LLC in Massachusetts: The Basics

How much does an LLC cost in Massachusetts?

There are different costs to form an LLC in Massachusetts and maintain it. We’ve listed all of them in this post.

Appoint a Massachusetts registered agent for your LLC

You must appoint a registered agent for your LLC. It can be yourself or an LLC registered agent service.

Small business licenses and permits for Massachusetts LLCs

Learn about the different types of business licenses and permits you may need to obtain for your LLC in the state.

Business entity search and choosing a name for your LLC in Massachusetts

Discover how to check if your desired name is available in MA and in accordance with the state’s naming guidelines.

Why choose Tailor Brands for your LLC in MA

We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.

Here’s why people choose to form their LLC with us:

Easy and intuitive

Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.

Friendly dashboard

Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.

Additional services

We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.

Real Tailor Brands reviews, from real business owners

For more reviews from our customers, visit our reviews page.

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FAQ

What are the costs of starting an LLC in Massachusetts?

Massachusetts has one of the highest fees for forming an LLC, which is $500 for filing a Certificate of Organization with the Secretary of the Commonwealth. There could be additional costs involved depending on how you file, if you’re reserving your LLC name, registering a DBA, opting for registered agent services, etc. Other set-up costs can include specific business licenses or permits your LLC may need.

LLC in Massachusetts needs to pay a $500 annual report fee.

LLC in Massachusetts needs to pay a $500 annual report fee to stay compliant and keep your LLC in good standing.

Step 1: Choose a name for your LLC.

Step 2: Choose your registered agent.

Step 3: File Certificate of Organization.

Step 4: Create an operating agreement if you want.

Step 5: Apply for an EIN (recommended).

Learn more about Massachusetts LLCs

Form a Massachusetts LLC, Hassle-Free

Limited Liability Corporation information from Tailor Brands

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.

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