Do I need a lawyer to Form a LLC in Maryland? |
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The short answer is no.
The state of Maryland does not legally require a lawyer to form a
Maryland Limited Liability Company (LLC).
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The short answer is no.
The state of Maryland does not legally require a lawyer to form a
Maryland Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Maryland LLC.
However, if there is anything about Forming a LLC in Maryland
that you're not sure about you should seek the advice of a competent Maryland lawyer, a Maryland accountant,
or a Maryland Business advisor before you form a LLC in Maryland.
Once you have made the decision to Form a LLC in Maryland, a Maryland 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
Maryland Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Maryland?
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You are not legally required to reserve a Company Name for a new Maryland LLC before you submit your application to
Form a LLC in Maryland.
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You are not legally required to reserve a Company Name for a new Maryland LLC before you submit your application to Form a LLC in
Maryland.
Whether or not you need to reserve a company name for your new Maryland LLC depends entirely on your business situation.
The Maryland Secretary of State uses 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 Maryland Company Name.
Click here for more information on
Maryland Company Name Reservation
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What if the Maryland LLC Name I want is already taken?
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If the Name you have chosen for your new Maryland LLC is already in use by a currently active
Maryland Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Maryland Department of Assessments and Taxation. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Maryland LLC is available before we submit
your new LLC filing to the Maryland Department of Assessments and Taxation.
If necessary we can register a DBA Name in Maryland for you so that you can open your new Maryland business as quickly as possible.
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What do I have to do to Form a LLC in Maryland?
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6 things you have to do in order to Form a LLC in Maryland.
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6 things you have to do in order to Form a LLC in Maryland.
1. Choose a name for your Maryland LLC
2. Select an official address and a Registered Agent for your Maryland LLC
3. Determine who will be Members and who will Manage your Maryland LLC
4. Determine how you want your Maryland LLC to be taxed
5. File Articles of Organization with the Maryland Department of Assessments and Taxation
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Maryland LLC
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Your Maryland 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 Maryland LLC name that you choose must be distinguishable from the name of any other registered Maryland LLC or other
registered Maryland business entity, such as a Maryland Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Maryland.
Your Maryland LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Maryland LLC name must not be a name that is likely to mislead the public.
The name of a Maryland LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Maryland LLC because if you want to change it after you
Form a LLC in Maryland you
will have to file amended Articles of Organization with the Maryland Secretary of State (and pay a fee).
We will:
- Check to make sure that your Maryland LLC name is available
- Make sure your Maryland LLC name conforms to state of Maryland regulations
- Reserve your Maryland LLC name with the Maryland Secretary of State
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2. Select an official address and a Registered Agent for your Maryland LLC
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Every Maryland LLC must have an address that is physically located in the state of Maryland.
This address is "registered" with the Maryland Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Maryland to receive all correspondence on behalf of the Maryland
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Maryland LLCs hire a Registered Agent because they don't have a physical
address within the state of Maryland or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Maryland LLC.
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3. Determine who will be Members and who will Manage your Maryland LLC
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The owners of a Maryland LLC are called Members - not Partners or Shareholders.
(a Maryland Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Maryland LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Maryland LLC must have at least one Member.
Members need not live in the state of Maryland or be citizens of the United States.
Managers are responsible for the day to day operation of the Maryland LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Maryland LLC.
Management for your Maryland LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Maryland LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Maryland LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Maryland LLC is created.
If a single Member Maryland LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Maryland LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Maryland LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Maryland Secretary of State
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A Maryland Limited Liability Company is a type of business that is authorized by the state of Maryland - not by the federal government.
In order to form a LLC in Maryland you must file Articles of Organization with the Maryland Secretary of State.
The Articles of Organization must include certain specific information about your Maryland LLC.
If the Articles do not conform exactly to state of Maryland requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Maryland LLC but you will have to pay a fee to the state of
Maryland in order to make the changes official.
- We can prepare and file your Articles of Organization with the Maryland Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Maryland LLC.
All Maryland LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Maryland LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Maryland LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Maryland LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Maryland LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Maryland LLC as soon as it is approved by the Maryland Secretary of State.
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What do I have to do after I form my Maryland LLC? |
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5 things you have to do after you Form a LLC in Maryland.
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5 things you have to do after you Form a LLC in Maryland.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Maryland for your MD LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Maryland LLC reports
5. Keep proper records of your Maryland LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Maryland LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Maryland LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Maryland LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Maryland, if you plan to form a multiple Member Maryland LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Maryland LLC grows over time, you may amend your Operating Agreement as necessary.
When your Maryland LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Maryland.
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2. Open a Business Bank Account in Maryland
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It's very important that you have a separate business bank account for your Maryland LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Maryland Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Maryland LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Maryland LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Maryland LLC merely creates an ownership structure that limits the owner's 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 Maryland LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Maryland LLC vary depending on your business activities
and the specific locations within the state of Maryland in which you want to conduct business.
If your Maryland LLC will be selling products in Maryland you may be required to obtain a Reseller's Permit from the appropriate
Maryland state agency.
If your Maryland LLC will be selling products in Maryland you will also be responsible for all applicable local and state of Maryland
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Maryland LLC package.
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4. File the required Maryland LLC reports
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Each Maryland LLC must file a with the Maryland Secretary of State.
The Maryland includes basic information about your Maryland LLC.
Failure to submit a properly completed Maryland to the Maryland Secretary of State on or before the
due date may subject the Maryland LLC to being administratively dissolved in the state of Maryland or having its authority to
transact business in the state of Maryland revoked by the Maryland Secretary of State.
Penalties may accrue if you fail to file any Maryland LLC to the Maryland Secretary of State
by the due date.
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5. Keep proper records of your Maryland LLC on file
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Keep the following records on file and available at the principal business office of your Maryland LLC:
- Names and addresses of all Members and Managers of the Maryland LLC
- Articles of Organization for the Maryland LLC and any Amendments to them
- Copies of all tax returns and reports for the Maryland LLC for the last 3 years
- If the Maryland LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Maryland LLC
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What information do I need in order to Form a LLC in Maryland? |
In order to Form a LLC in Maryland you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Maryland LLC's Registered Agent.
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In order to Form a LLC in Maryland you'll need the following information about your new Company:
- The name of your new Maryland LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Maryland (not a PO Box)
- Name and address of your Maryland Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Maryland LLC
You do not have to name the Members of a
Maryland LLC in the Articles of Organization.
While you are not required to name the Members of a new Maryland LLC you still may include Member information with your initial
Maryland LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Maryland 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 Limited Liability Company in Maryland.
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How long does it take to Form a LLC in Maryland? |
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Processing times for new Maryland LLC applications vary depending on the work load of the
Department of Assessments and Taxation's staff.
We've found that normal processing of new Maryland Articles of Organization takes the state around 7 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 Maryland LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE MARYLAND DEPARTMENT OF ASSESSMENTS AND TAXATION PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Maryland Department of Assessments and Taxation.
In our experience 7 business days is the time it usually takes the Maryland Department of Assessments and Taxation to process
a new Maryland LLC application.
We get your Maryland LLC application to the MD Department of Assessments and Taxation ASAP. Once it is at the state we have no control over the new Maryland LLC application process.
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How much does it cost to Form a LLC in Maryland? |
The state of Maryland charges $225.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the MD Department of Assessments and Taxation.
If you choose All Business Documemnts to help you form your LLC in Maryland, our processing fees are $125.00.
We start processing your new Maryland LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Maryland Department of Assessments and Taxation
- Certified Copies of Articles
- Maryland LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Maryland Foreign LLC Qualification |
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You want to do business in the state of Maryland but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Maryland you must register with the Maryland Secretary of State as
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You want to do business in the state of Maryland but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Maryland you must register with the Maryland Secretary of State as
a Maryland Foreign LLC.
The process of registering as a Foreign LLC in the state of Maryland is called Maryland LLC Foreign Qualification.
The process of Maryland LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Maryland.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Maryland Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Maryland Foreign LLC.
Click here for specific requirements for
Maryland LLC Foreign Qualification.
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