Do I need a lawyer to Form a LLC in Massachusetts? |
|
The short answer is no.
The state of Massachusetts does not legally require a lawyer to form a
Massachusetts Limited Liability Company (LLC).
more...
|
less...
The short answer is no.
The state of Massachusetts does not legally require a lawyer to form a
Massachusetts Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Massachusetts LLC.
However, if there is anything about Forming a LLC in Massachusetts
that you're not sure about you should seek the advice of a competent Massachusetts lawyer, a Massachusetts accountant,
or a Massachusetts Business advisor before you form a LLC in Massachusetts.
Once you have made the decision to Form a LLC in Massachusetts, a Massachusetts 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
Massachusetts Limited Liability Company.
|
Do I have to Reserve a Company Name before I Form a LLC in Massachusetts?
|
|
You are not legally required to reserve a Company Name for a new Massachusetts LLC before you submit your application to
Form a LLC in Massachusetts.
more...
|
less...
You are not legally required to reserve a Company Name for a new Massachusetts LLC before you submit your application to Form a LLC in
Massachusetts.
Whether or not you need to reserve a company name for your new Massachusetts LLC depends entirely on your business situation.
The Massachusetts 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 Massachusetts Company Name.
Click here for more information on
Massachusetts Company Name Reservation
|
What if the Massachusetts LLC Name I want is already taken?
|
If the Name you have chosen for your new Massachusetts LLC is already in use by a currently active
Massachusetts Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the administrative clerk in each Massachusetts city or town in which you want to do business. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Massachusetts LLC is available before we submit
your new LLC filing to the Massachusetts Secretary of the Commonwealth.
If necessary we can register a DBA Name in Massachusetts for you so that you can open your new Massachusetts business as quickly as possible.
|
What do I have to do to Form a LLC in Massachusetts?
|
|
6 things you have to do in order to Form a LLC in Massachusetts.
more...
|
less...
|
6 things you have to do in order to Form a LLC in Massachusetts.
1. Choose a name for your Massachusetts LLC
2. Select an official address and a Registered Agent for your Massachusetts LLC
3. Determine who will be Members and who will Manage your Massachusetts LLC
4. Determine how you want your Massachusetts LLC to be taxed
5. File Articles of Organization with the Massachusetts Secretary of the Commonwealth
6. Get a Federal Employer Identification Number (FEIN)
|
|
1. Choose a name for your Massachusetts LLC
|
Your Massachusetts 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 Massachusetts LLC name that you choose must be distinguishable from the name of any other registered Massachusetts LLC or other
registered Massachusetts business entity, such as a Massachusetts Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Massachusetts.
Your Massachusetts LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Massachusetts LLC name must not be a name that is likely to mislead the public.
The name of a Massachusetts 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 Massachusetts LLC because if you want to change it after you
Form a LLC in Massachusetts you
will have to file amended Articles of Organization with the Massachusetts Secretary of State (and pay a fee).
We will:
- Check to make sure that your Massachusetts LLC name is available
- Make sure your Massachusetts LLC name conforms to state of Massachusetts regulations
- Reserve your Massachusetts LLC name with the Massachusetts Secretary of State
|
|
2. Select an official address and a Registered Agent for your Massachusetts LLC
|
Every Massachusetts LLC must have an address that is physically located in the state of Massachusetts.
This address is "registered" with the Massachusetts 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 Massachusetts to receive all correspondence on behalf of the Massachusetts
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Massachusetts LLCs hire a Registered Agent because they don't have a physical
address within the state of Massachusetts or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Massachusetts LLC.
|
|
3. Determine who will be Members and who will Manage your Massachusetts LLC
|
The owners of a Massachusetts LLC are called Members - not Partners or Shareholders.
(a Massachusetts Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Massachusetts LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Massachusetts LLC must have at least one Member.
Members need not live in the state of Massachusetts or be citizens of the United States.
Managers are responsible for the day to day operation of the Massachusetts LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Massachusetts LLC.
Management for your Massachusetts LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
|
|
4. Determine how you want your Massachusetts LLC to be taxed
|
The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Massachusetts 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 Massachusetts LLC is created.
If a single Member Massachusetts LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Massachusetts 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 Massachusetts LLC and include it with
your LLC formation documents.
|
|
5. File Articles of Organization with the Massachusetts Secretary of State
|
A Massachusetts Limited Liability Company is a type of business that is authorized by the state of Massachusetts - not by the federal government.
In order to form a LLC in Massachusetts you must file Articles of Organization with the Massachusetts Secretary of State.
The Articles of Organization must include certain specific information about your Massachusetts LLC.
If the Articles do not conform exactly to state of Massachusetts requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Massachusetts LLC but you will have to pay a fee to the state of
Massachusetts in order to make the changes official.
- We can prepare and file your Articles of Organization with the Massachusetts Secretary of State.
We've been doing it for over 10 years.
|
|
6. Get a Federal Employer Identification Number (FEIN)
|
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 Massachusetts LLC.
All Massachusetts 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 Massachusetts 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 Massachusetts LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Massachusetts 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 Massachusetts 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 Massachusetts LLC as soon as it is approved by the Massachusetts Secretary of State.
|
less...
|
|
What do I have to do after I form my Massachusetts LLC? |
|
5 things you have to do after you Form a LLC in Massachusetts.
more...
|
less...
|
5 things you have to do after you Form a LLC in Massachusetts.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Massachusetts for your MA LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Massachusetts LLC reports
5. Keep proper records of your Massachusetts LLC on file
|
|
1. Conduct an Organizational Meeting and adopt an Operating Agreement
|
An Operating Agreement defines the rules by which your Massachusetts 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 Massachusetts 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 Massachusetts LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
|
- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
|
Although an Operating Agreement is not required in the state of Massachusetts, if you plan to form a multiple Member Massachusetts 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 Massachusetts LLC grows over time, you may amend your Operating Agreement as necessary.
When your Massachusetts 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 Massachusetts.
|
|
2. Open a Business Bank Account in Massachusetts
|
It's very important that you have a separate business bank account for your Massachusetts 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 Massachusetts Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Massachusetts LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
|
|
3. Obtain Business Licenses from the cities and counties in which you plan to do business
|
Note that forming a Massachusetts LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Massachusetts 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 Massachusetts LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Massachusetts LLC vary depending on your business activities
and the specific locations within the state of Massachusetts in which you want to conduct business.
If your Massachusetts LLC will be selling products in Massachusetts you may be required to obtain a Reseller's Permit from the appropriate
Massachusetts state agency.
If your Massachusetts LLC will be selling products in Massachusetts you will also be responsible for all applicable local and state of Massachusetts
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 Massachusetts LLC package.
|
|
4. File the required Massachusetts LLC reports
|
Each Massachusetts LLC must file a with the Massachusetts Secretary of State.
The Massachusetts includes basic information about your Massachusetts LLC.
Failure to submit a properly completed Massachusetts to the Massachusetts Secretary of State on or before the
due date may subject the Massachusetts LLC to being administratively dissolved in the state of Massachusetts or having its authority to
transact business in the state of Massachusetts revoked by the Massachusetts Secretary of State.
Penalties may accrue if you fail to file any Massachusetts LLC to the Massachusetts Secretary of State
by the due date.
|
|
5. Keep proper records of your Massachusetts LLC on file
|
Keep the following records on file and available at the principal business office of your Massachusetts LLC:
- Names and addresses of all Members and Managers of the Massachusetts LLC
- Articles of Organization for the Massachusetts LLC and any Amendments to them
- Copies of all tax returns and reports for the Massachusetts LLC for the last 3 years
- If the Massachusetts 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 Massachusetts LLC
|
less...
|
|
What information do I need in order to Form a LLC in Massachusetts? |
In order to Form a LLC in Massachusetts you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Massachusetts LLC's Registered Agent.
more...
|
less...
In order to Form a LLC in Massachusetts you'll need the following information about your new Company:
- The name of your new Massachusetts 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 Massachusetts (not a PO Box)
- Name and address of your Massachusetts Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Massachusetts LLC
- Names and addresses of each Manager of your Massachusetts LLC
- When your Massachusetts LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
Massachusetts LLC in the Articles of Organization.
While you are not required to name the Members of a new Massachusetts LLC you still may include Member information with your initial
Massachusetts LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Massachusetts 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 Massachusetts.
|
How long does it take to Form a LLC in Massachusetts? |
|
Processing times for new Massachusetts LLC applications vary depending on the work load of the
Secretary of the Commonwealth's staff.
We've found that normal processing of new Massachusetts Articles of Organization takes the state around 1-2 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 Massachusetts LLC.
|
|
PLEASE NOTE: WE CANNOT GUARANTEE MASSACHUSETTS SECRETARY OF THE COMMONWEALTH PROCESSING TIMES.
|
We are dependent on, and have no control over, the staff and systems of the Massachusetts Secretary of the Commonwealth.
In our experience 1-2 business days is the time it usually takes the Massachusetts Secretary of the Commonwealth to process
a new Massachusetts LLC application.
We get your Massachusetts LLC application to the MA Secretary of the Commonwealth ASAP. Once it is at the state we have no control over the new Massachusetts LLC application process.
|
|
How much does it cost to Form a LLC in Massachusetts? |
The state of Massachusetts charges $560.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the MA Secretary of the Commonwealth.
If you choose All Business Documemnts to help you form your LLC in Massachusetts, our processing fees are $125.00.
We start processing your new Massachusetts 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 Massachusetts Secretary of the Commonwealth
- Certified Copies of Articles
- Massachusetts LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
|
Massachusetts Foreign LLC Qualification |
|
You want to do business in the state of Massachusetts but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Massachusetts you must register with the Massachusetts Secretary of State as
a Massachusetts Foreign LLC. more...
|
less...
You want to do business in the state of Massachusetts but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Massachusetts you must register with the Massachusetts Secretary of State as
a Massachusetts Foreign LLC.
The process of registering as a Foreign LLC in the state of Massachusetts is called Massachusetts LLC Foreign Qualification.
The process of Massachusetts LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Massachusetts.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Massachusetts Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Massachusetts Foreign LLC.
Click here for specific requirements for
Massachusetts LLC Foreign Qualification.
|