When you form an LLC in Maine you need a registered agent, which helps the state understand how to contact your business and who is responsible for receiving important correspondence. This isn’t optional, and you don’t want to ignore this very important requirement. Registered agents in Maine can help LLCs and corporations through receiving legal documents, tax forms, official government documents, and service of process.
When you have a registered agent the state knows who to contact and you can feel confident that you’ll be notified of any important documentation regarding your business. Here’s what you should know about having a registered agent for your Maine LLC, including what this person can offer and the help they can provide.
Registered agents in Maine have to meet specific criteria from the Secretary of State, including a valid street address in the state and availability at that address during regular business hours. If you’re using a company, that company must be authorized to conduct business in the state. You can also choose an individual to be your registered agent, and that person has to be over 18 years of age.
If you want to appoint someone younger than 18, with a PO Box, or who isn’t always available during business hours you won’t be able to legally do that, as that person won’t be qualified to act as your LLC’s registered agent. Maine’s requirements are very similar to those of other states and you want to ensure you follow them to avoid any legal trouble, especially if you’re just forming your LLC.
Appointing a registered agent in Maine Doesn’t have to be difficult, but you do need to make sure you do it correctly. If you don’t fill out the correct forms, send them to the wrong place, or don’t pay the proper fees, your registered agent appointment may not be accepted. That can lead you to believe you have a registered agent for your LLC when you actually don’t.
You can appoint a registered agent online by filling out the proper form for the state. If you’re a for-profit entity the filing fee is $35, and for a non-profit entity the fee is $15. If you need the process expedited you can pay $50 for next-day filing or $100 for same-day filing, but be sure to note that that fee is for business days only, and the form has to be mailed. You can send a check or money order with the filing, or use a credit card by filing out a voucher.
A registered agent must consent to appointment, and you can’t simply choose someone and appoint them. However, when you file the proper forms with the state that serves as the registered agent’s consent through the Model Registered Agents Act, since the agent you’re appointing must also sign the form. While there are phone numbers and email addresses on the registered agent form you can use to ask questions, there is no option to file the form electronically.
Changing your registered agent in Maine uses the same form as appointing one, since this is a combination form designed for both purposes. You can mail the form and wait for it to be processed or you can take it to the Secretary of State office in Augusta. How long it takes to process the form depends on the time of year, the volume of forms the Secretary of State has received, and other factors.
In short, yes. You can serve as your own Maine registered agent if you meet the legal criteria. However, keep in mind that serving as your own agent can come with some drawbacks that you might prefer to avoid. One of the biggest drawback to being your own registered agent is you’ll need to be available at your registered address during normal business hours.
If you like to travel, want to go out during the workday to shop or run errands, or will otherwise need to be away from your designated address you could miss important correspondence and also be in violation of what’s required by the Secretary of State. Most people choose another person to serve as their registered agent, or they hire a service to handle this aspect of their business for them.
There are some significant benefits to using a Maine registered agent service. When you choose to have a registered agent service help your LLC you can get the support you need, coupled with information and more. Having the right guidance can make an important difference for your LLC, particularly when it’s brand new and you want to do all you can to help it succeed.
Having peace of mind is valuable when you’re dealing with the formation and development of a small business. It’s not always easy to get an LLC off the ground and keep it growing, but it can be less stressful when you have proper assistance. By using a registered agent service you know that aspect of your LLC is covered and you can focus your efforts on other areas.
Complying with Maine state law is vital to reduce the chances of fines and other penalties. You can be your own registered agent, or even appoint your spouse, a friend, or a family member, but it’s often harder for an individual without experience to stay in full compliance. You want and need someone who has the experience and know-how to handle your company’s registered agent needs and remain in full, legal compliance for the long term.
When you use a registered agent service you don’t have to maintain regular business hours or spend your day in a specific location. You can travel frequently, break up your day with tasks that take you out of the office, or even keep non-traditional hours at your home or another location. You’ll have more options and opportunities when you aren’t tethered to one specific space during all normal business hours, just in case official correspondence comes in.
Less paperwork is almost always a plus, and your registered agent will be the one receiving important documents. That doesn’t mean you want be told about them or have access to them, but you also won’t be dealing with a lot of paperwork you have to store, file, and decide what to do with. That can help keep your space tidy, reduce the chances of losing documentation, and make it easier for you to find and address any significant documents.
When you create a Maine LLC you need to give your new legal entity the best possible chance of success. You can do that in a variety of ways, including using a registered agent to help you stay in compliance and manage your company’s paperwork. You don’t have to settle for anything less when you have great options for quality support from trusted professionals you can count on.
A commercial registered agent in the state of Maine is someone (an individual or a company) you appoint to receive documents and important correspondence for your LLC or corporation. When you form an LLC in Maine you can serve as your own registered agent, but many people choose to use a registered agent service because it frees up their time and makes operating their business easier and more efficient. If you decide to be your own registered agent you’ll need to be available at your registered address during normal business hours, which is often inconvenient for business owners.
There are some very limited circumstances in which a registered agent can be found legally liable. Generally, this is related to a failure to handle documents correctly, including notifying you of any legal or other correspondence. A registered agent could also be held liable if they failed to file proper documentation for your company that was part of their duties. However, the legal liability of what your LLC does is the course of its business cannot fall to a registered agent because they aren’t involved in that aspect of your business’ operations.
Fines are the most common penalties for LLCs that don’t have a registered agent, or that appoint someone who isn’t technically allowed to fill the role. You can also run afoul of the law if you appoint yourself but then aren’t available at the registered address during all normal business hours. Along with fines, your LLC could lose its good standing with the state and even potentially be dissolved for failure to comply. If you find that you don’t have a proper registered agent, you’ll want to take steps to correct the problem as soon as it’s brought to your attention.
Your LLC can have two registered agents if you have operations in multiple states. However, you may also use a registered agent service that’s licensed in all the states where you operate. That can be the easiest and most convenient way to make sure you’re represented in Maine and any other state where your LLC operates or plans to operate. If you choose individuals, though, you’ll need a different one for each state and each individual will need to meet that state’s criteria for working as a registered agent.
No, a registered agent doesn’t have ownership or managerial rights to your LLC. Even though they’re allowed to receive and file documents for you, they’re not a part of your business in the same way an owner would be. That’s not to say an owner or other person who’s part of the business can’t also be a registered agent, but only that choosing a registered agent doesn’t confer onto that person or company any type of ownership rights. You won’t be giving up any control of your business by choosing a registered agent.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute 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 on this page.
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