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Free Maine LLC Operating Agreement Template

A Maine LLC operating agreement outlines your company’s ownership, management structure, and business procedures. In Maine, creating an operating agreement isn’t optional—it’s required by state law. This document formalizes how your LLC operates and protects both you and your company

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  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Add Your Details

Enter your LLC name, members, and registered agent information.

2

Customize Your Agreement

Define ownership percentages, voting rights, and management rules.

3

Download and Store

Get your document in Word or PDF format, sign it, and save securely.

Table of Contents

  1. What Is a Maine LLC Operating Agreement?
  2. Laws, Costs, and Fees in Maine
  3. How to Create a Maine LLC Operating Agreement

What Is a Maine LLC Operating Agreement?

A Maine LLC operating agreement is a legally binding document that defines your company’s internal structure and management. It lists members, their ownership interests, voting rights, and the procedures for handling major events such as profit distribution, member withdrawal, or dissolution.

This agreement is essential for maintaining limited liability protection and demonstrating your LLC’s independence from its owners. Even for single-member LLCs, it provides credibility and legal protection.

Laws, Costs, and Fees in Maine

Maine requires LLCs to maintain an operating agreement under Title 31, Chapter 21 of the Maine Revised Statutes:

  • §1521: Limited liability company agreement — scope, function, and limitations.
  • §1523: Limited liability company agreement — effect on LLC and persons admitted as members; preformation agreement.
  • §1524: Limited liability company agreement — effect on third parties and relationship to records effective on behalf of LLC.

LLC Formation Costs in Maine:

  • Certificate of formation filing fee: $175 (domestic) or $250 (foreign).
  • Name reservation fee: $20.
  • Annual report fee: $85 (domestic) $150 (foreign).

For official forms and filings, visit the Maine Secretary of State.

How to Create a Maine LLC Operating Agreement

Follow these steps to form your LLC and prepare your operating agreement in Maine:

    1. Choose a name for your LLC: Select a unique name that complies with Maine’s naming rules. If you want to operate under a trade name (DBA), file a Statement of Intention to Transact Business Under an Assumed or Fictitious Name and pay a $125 filing fee.
    2. Appoint a registered agent: Your registered agent must have a physical address in Maine and accept legal documents on your company’s behalf. This can be a Maine resident or a business entity authorized to operate in the state.
    3. File your Certificate of Formation: File your certificate of formation with the Maine Secretary of State. Include your filing fee with your submission. Once approved, keep a copy of your formation documents and business records for compliance purposes.
    4. Prepare your operating agreement: Maine law requires LLCs to have an operating agreement. This document details company management, profit distribution, and member duties. Keep it with your company records; it is not filed with the state but must be available upon request.
    5. Obtain an Employer Identification Number (EIN): Apply for an EIN through the IRS website. This number is required for tax reporting, opening business bank accounts, and hiring employees. Single-member LLCs may use their Social Security number unless they choose to be taxed as a corporation.
    6. Maintain compliance: File annual reports with the Maine Secretary of State and pay the $85 filing fee. Keep business finances separate from personal accounts to maintain your limited liability protection.