You want to do business in the state of Maine but are registered as a LLC in another state.  In order to legally conduct business in the state of Maine you must register with the Maine Secretary of State as a Foreign LLC.  The process of registering as a Foreign LLC in Maine is called Maine LLC Foreign Qualification.

The process of Maine LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Maine.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Maine Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the Maine Foreign LLC.  Specific requirements to qualify as a Foreign LLC in Maine are explained below. 

Once you have made the decision to Qualify as a Foreign LLC in Maine, a Maine lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services.

In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in Maine.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Maine.

The California LLC needs to register with the Maine Secretary of State as a Maine Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

The short answer is no.  The state of Maine does not legally require a lawyer to form a Maine Foreign LLC.

Our detailed Foreign Qualification page may help you understand some of the implications of forming a Maine Foreign LLC.  However, if there is anything about forming a Foreign LLC in Maine that you're not sure about you should seek the advice of a competent Maine lawyer, a Maine accountant, or both before you form a Foreign LLC in Maine.

Once you have made the decision to form a Foreign LLC in Maine, a Maine lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Maine Foreign LLC.

You are not legally required to reserve a Company Name for a new Maine LLC Corporation before you submit your application to Form a Foreign LLC in Maine.

The LLC name that you have registered in your home state may or may not be available in Maine.  In that case you need a different name your Maine Foreign LLC.  Whether or not you need to reserve a company name for your new Maine Foreign LLC depends entirely on your business situation.  The Maine Secretary of State uses LLC names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Maine Foreign LLC Name.

If the Name you have chosen for your new Maine Foreign LLC is already in use by a currently active Maine Corporation or LLC then you will have to register a DBA Name with the Maine Secretary of State.  "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new Maine Foreign LLC is available before we submit your Foreign LLC filing to the Maine Secretary of State.  If necessary we can register a DBA Name in Maine for you so that you can open your new Maine business as quickly as possible.

1. Prove that you are registered in a state other than Maine as a Domestic LLC
2. Choose a name for your Maine Foreign LLC
3. File Registration Documents with the Maine Secretary of State
4. Determine how you want your Maine Foreign LLC to be taxed

1. Prove that you are registered in a state other than Maine as a Domestic LLC
   
   In order to register as a Foreign LLC in the state of Maine, you must first prove that you are registered in another state as a Domestic LLC.  You prove this with a Certificate of Good Standing, sometimes referred to as a Certificate of Existence or a Certificate of Fact, from the state in which you are registered as a Domestic LLC.  Cost of a Good Standing Certificate for your Domestic LLC varies from state to state.
   
   
   If you already have a Good Standing Certificate from your home state, please note that it must be dated no older than 90 days from the date of your application for Maine LLC Foreign Qualification.
   
   
   If the date on your Good Standing Certificate is older than 90 days then you need to get an updated certificate.   If you get your own Good Standing Certificate you must scan and email or send a copy to us before we submit your application for a Maine Foreign LLC.
   We can get your LLC Good Standing Certificate from any state - in most states within 2-3 hours.
2. Choose a name for your Maine Foreign LLC
   
   You can use the same name in Maine that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Maine Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Maine Foreign LLC name that you choose must be distinguishable from the name of any other registered Maine LLC or other business entity and the name must also be different from any reserved names on record with the state of Maine.  Your Maine Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Maine Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of a Maine Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your Maine Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Maine Secretary of State (and pay a fee).
   We will check to make sure that your requested Maine Foreign LLC name is available and conforms to all state of Maine Limited Liability Company naming regulations.
3. File Registration Documents with the Maine Secretary of State
   
   In order to Qualify as a Foreign LLC in Maine you must file Registration Documents with the Maine Secretary of State.  In Maine the registration documents are named "Statement of Foreign Qualification to Conduct Activities".
   
   The registration documents must include certain specific information about your Maine business.  If the LLC Registration Documents do not conform exactly to state of Maine Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your Maine Foreign LLC has been approved, you may amend the registration documents for your Maine Foreign LLC but you will have to pay a fee to the state of Maine in order to make the changes official.
   
   
4. Determine how you want your Maine Foreign LLC to be taxed
   
   The Maine Corporate Income Tax Rate is variable depending on the annual net income of the Maine Foreign LLC.  Maine Corporate Income Tax Rates vary from 3.5 to 8.93%.  You may choose that your Maine Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your Maine Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Maine Corporate Income Tax.
   
   The Corporate Tax structure in the state of Maine consists of four tax brackets:
   • 0 - $25,000 - 3.5%
   • $25,001 - $75,000 - $875 + 7.93% of excess over $25,000
   • $75,001 - $250,000 - $4,840 + 8.33% of excess over $ 75,000
   • Over $250,000 - $19,418 + 8.93% of excess over $250,000
   
   
   If you form a Single Member Maine Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Maine Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Maine Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Maine Foreign LLC will be taxed as a Partnership.
   
   Click here for more Maine Corporate Tax Information .
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Maine Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your Maine Foreign LLC
3. Keep proper records of your Maine Foreign LLC on file
4. Pay your taxes to the state of Maine

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Maine Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A Maine Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Maine Foreign LLC within Maine you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Maine Foreign LLC vary depending on your business activities and the specific locations within the state of Maine in which you want to conduct business.
   
   If your Maine Foreign LLC will be selling products in Maine you may be required to obtain a Reseller's Permit from the appropriate Maine state agency.  If your Maine Foreign LLC will be selling products in Maine you will also be responsible for all applicable local and state of Maine sales taxes if there are any.
   We have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your Maine Foreign LLC
   
   The Maine Annual Report includes basic information about your Maine Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed Maine Annual Report to the Maine Secretary of State on or before the due date may subject the Maine Foreign LLC to being administratively dissolved in the state of Maine or having its authority to transact business in the state of Maine revoked by the Maine Secretary of State.
   
   Penalties may accrue if you fail to file any Maine Foreign LLC Annual Report to the Maine Secretary of State by the due date.
   
   
3. Keep proper records of your Maine Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your Maine Foreign LLC:
   • Names and addresses of all Members and Managers of the Maine Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • Maine Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the Maine Foreign LLC
   • Copies of all tax returns and Annual Reports for the Maine Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of Maine
   
   Foreign LLCs that either do business in the state of Maine or that derive income from sources within the state of Maine are subject to Maine and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Maine, you must allocate the amount of income derived from the state of Maine in order to determine your Maine state taxes.

In order to Form a Foreign LLC in Maine you'll need the following information about your LLC:

• The name of your new Maine Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in Maine (not a PO Box)
• A description of the nature of the business you are planning to operate with the Maine Foreign LLC
• A good standing certificate from your home state no older that 90 days
• When the Maine Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)

Remember - ALL the information that you provide when you Form a Foreign LLC in Maine becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in Maine.

Processing times for new Maine Foreign LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Maine Foreign LLC applications takes the state around 3-4 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your new Maine Foreign LLC.

The Maine Secretary of State reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  We are dependent on, and have no control over, the staff and systems of the Maine Secretary of State.

In our experience 3-4 business days is the time it usually takes the Maine Secretary of State to process a new Maine Foreign LLC application. We get your Maine Foreign LLC application to the ME Secretary of State ASAP. Once it is at the state we have no control over the new Maine Foreign LLC application process.

The state of Maine charges $255.00 to Form a Foreign LLC in ME.  Also add the cost of a good standing certificate from your home state.   If you choose All Business Documents to help you Form your Foreign LLC in Maine our processing fees are $145.00.  This includes:

• Same day processing in of your new Maine Foreign LLC order
• ME Name Check and Reservation
• Prepare Statement of Foreign Qualification to Conduct Activities
• File Formation Documents with the Maine Secretary of State
• Certified Copies of Formation Documents
• Maine Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support