Mllc 6 Template Get My Document Now

Mllc 6 Template

The MLLC-6 form, integral for establishing a limited liability company (LLC) in Maine, serves as the Certificate of Formation, requiring a filing fee of $175.00. This document, verified by the Deputy Secretary of State, specifies the company's name, filing date, and, if applicable, its designation as a low-profit or professional LLC, among other critical details. Ready to lay the foundation for your business's future in Maine? Click the button below to begin filing your MLLC-6 form.

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In the realm of business formation in Maine, the MLLC-6 form plays a crucial role as it stands as the Certificate of Formation for a limited liability company (LLC). With a filing fee of $175.00, this document is pivotal for establishing the legal structure and recognition of an LLC within the state. It captures essential details such as the LLC's name, which must comply with specific naming conventions including the inclusion of "limited liability company" or its abbreviations, and the option to designate the LLC as a low-profit entity if applicable. This designation caters to companies aiming to fulfil charitable or educational purposes while maintaining a not-for-profit ethos. Moreover, the form allows for the designation of a professional LLC for entities providing professional services, varying from healthcare to legal advice. The designation of a registered agent, either commercial or noncommercial, is mandatory, providing a direct contact for legal correspondence. The document also offers space for including additional matters decided upon by members, which must be attached as exhibits. Importantly, the form must be signed by at least one authorized person, affirming the accuracy of the information under the penalties of false swearing. Submission details and contact information for any inquiries are clearly outlined, ensuring a smooth filing process with the Maine Secretary of State. This form encapsulates the initial steps required for establishing an LLC's legal identity, facilitating its operations and compliance within the State of Maine.

Preview - Mllc 6 Form

Filing Fee $175.00

MAINE

LIMITED LIABILITY COMPANY

STATE OF MAINE

CERTIFICATE OF FORMATION

_____________________

Deputy Secretary of State

A True Copy When Attested By Signature

_____________________

Deputy Secretary of State

Pursuant to 31 MRSA §1531, the undersigned executes and delivers the following Certificate of Formation:

FIRST: The name of the limited liability company is:

_______________________________________________________________________________________________

(A limited liability company name must contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.” or “LC” or, in the case of a low-profit limited liability company, “L3C” or “l3c” – see 31 MRSA 1508.)

SECOND: Filing Date: (select one)

Date of this filing; or

Later effective date (specified here): _____________________________________

THIRD: Designation as a low profit LLC (Check only if applicable):

This is a low-profit limited liability company pursuant to 31 MRSA §1611 meeting all qualifications set forth here:

A.The company intends to qualify as a low-profit limited liability company;

B.The company must at all times significantly further the accomplishment of one or more of the charitable or educational purposes within the meaning of Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as it may be amended, revised or succeeded, and must list the specific charitable or educational purposes the company will further;

C.No significant purpose of the company is the production of income or the appreciation of property. The fact that a person produces significant income or capital appreciation is not, in the absence of other factors, conclusive evidence of a significant purpose involving the production of income or the appreciation of property; and

D.No purpose of the company is to accomplish one or more political or legislative purpose within the meaning of Section 170(c)(2)(D) of the Internal Revenue Code of 1986, or its successor.

FOURTH: Designation as a professional LLC (Check only if applicable):

This is a professional limited liability company* formed pursuant to 13 MRSA Chapter 22-A to provide the following professional services:

__________________________________________________________________________________

(Type of professional services)

Form No. MLLC-6 (1 of 2)

FIFTH: The Registered Agent is a: (select either a Commercial or Noncommercial Registered Agent)

Commercial Registered AgentCRA Public Number: ____________________

__________________________________________________________________________________

(Name of commercial registered agent) Noncommercial Registered Agent

__________________________________________________________________________________

(Name of noncommercial registered agent)

__________________________________________________________________________________

(physical location, not P.O. Box – street, city, state and zip code)

__________________________________________________________________________________

(mailing address if different from above)

SIXTH: Pursuant to 5 MRSA §105.2, the registered agent listed above has consented to serve as the registered agent for this limited liability company.

SEVENTH: Other matters the members determine to include are set forth in the attached Exhibit ______, and made a part hereof.

**Authorized person(s)

Dated ________________________________

___________________________________________________

_________________________________________________

(Signature of authorized person)

(Type or print name of authorized person)

___________________________________________________

_________________________________________________

(Signature of authorized person)

(Type or print name of authorized person)

*Examples of professional service limited liability companies are accountants, attorneys, chiropractors, dentists, registered nurses and veterinarians. (This is not an inclusive list – see 13 MRSA §723.7)

**Pursuant to 31 MRSA §1676.1.A, Certificate of Formation MUST be signed by at least one authorized person.

The execution of this certificate constitutes an oath or affirmation under the penalties of false swearing under 17-A MRSA §453.

Please remit your payment made payable to the Maine Secretary of State.

Submit completed form to:

Secretary of State

 

 

Division of Corporations, UCC and Commissions

 

101 State House Station

 

 

Augusta, ME 04333-0101

 

 

Telephone Inquiries: (207) 624-7752

Email Inquiries: CEC.Corporations@Maine.gov

Form No. MLLC-6 (2 of 2) Rev. 10/31/2012

Filer Contact Cover Letter

To: Department of the Secretary of StateTel. (207) 624-7752 Division of Corporations, UCC and Commissions

101 State House Station

Augusta, ME 04333-0101

Name of Entity (s):

_______________________________________________________________________

_______________________________________________________________________

List type of filing(s) enclosed (i.e. Articles of Incorporation, Articles of Merger, Articles of Amendment, Certificate of Correction, etc.) Attach additional pages as needed.

________________________________________________________________________

________________________________________________________________________

Special handling request(s): (check all that apply)

Hold for pick up

Expedited filing - 24 hour service ($50 additional filing fee per entity, per service) Expedited filing - Immediate service ($100 additional filing fee per entity, per service)

Total filing fee(s) enclosed: $ ________________

Contact Information – questions regarding the above filing(s), please call or email: (failure to provide a

contact name and telephone number or email address will result in the return of the erroneous filing (s) by the Secretary of State’s office)

___________________________________

___________________________________

(Name of contact person)

(Daytime telephone number)

____________________________________________________

(Email address)

The enclosed filing(s) and fee(s) are submitted for filing. Please return the attested copy to the following address:

______________________________________________________________________________

(Name of attested recipient)

_____________________________________________________________________________________________

(Firm or Company)

_____________________________________________________________________________________________

(Mailing Address)

_____________________________________________________________________________________________

(City, State & Zip)

File Information

Fact Detail
Filing Fee $175.00
Form Type Maine Limited Liability Company Certificate of Formation
Authority Maine Revised Statutes Annotated (MRSA) §1531
Name Requirements Must include "limited liability company", "limited company", or respective abbreviations; "L3C" or "l3c" for low-profit LLCs
Filing Options Date of filing or a later specified effective date
Low-Profit LLC Designation Option to designate as a low-profit LLC under 31 MRSA §1611
Professional LLC Designation Option to designate and provide professional services, pursuant to 13 MRSA Chapter 22-A
Registered Agent Requirement Must appoint either a commercial or noncommercial registered agent, with a physical location in Maine
Authorized Person's Signature Requires signature by at least one authorized individual
Governing Laws Maine Revised Statutes Annotated (MRSA) Titles 5, 13, 17-A, and 31

Steps to Filling Out Mllc 6

After deciding to form a Limited Liability Company (LLC) in the state of Maine, the next pivotal step involves completing and submitting the MLLC-6 form, officially known as the Certificate of Formation. This form plays a critical role in legally establishing your LLC and sets the foundation for your business operations within the state. The process might seem daunting at first, but with clear guidance, it can be managed efficiently. Remember, this step is just the beginning. Once the form is submitted and approved, your company will be officially registered, but there will still be other requirements and filings to maintain your good standing with the state.

  1. Begin by filling out the Filing Fee section at the top of the form. Enter $175.00 as the amount.
  2. In the section titled “FIRST,” provide the name of the limited liability company. Ensure the name includes “limited liability company,” “limited company,” or an appropriate abbreviation as specified by the instructions.
  3. In the “SECOND” section, choose the effective date of the filing. If the filing should take effect on the date of submission, select “Date of this filing.” For a different effective date, specify the date accordingly.
  4. If your LLC is a low-profit entity, check the designated box in the “THIRD” section and ensure all qualifications listed are met. If not applicable, leave this section blank.
  5. For companies that provide professional services, the “FOURTH” section must be completed. Check the box and specify the type of professional services provided.
  6. In the “FIFTH” section, indicate whether your Registered Agent is a Commercial or Noncommercial Agent. Fill in the corresponding details as requested, including the name and address.
  7. Confirm in the “SIXTH” section that your chosen Registered Agent has consented to serve for your LLC by checking the appropriate box.
  8. The “SEVENTH” section allows for the inclusion of other relevant matters decided by the members. If there are additional provisions or attachments, reference the attached Exhibit number and ensure it is attached to your submission.
  9. Finally, the form must be signed by at least one authorized person as indicated in the instructions. Fill in the date, then the signature(s) and printed name(s) of the authorized person(s) in the provided spaces.

Once you have completed all required sections of the MLLC-6 form, review it to ensure all information is accurate. Along with the completed form, prepare a cover letter that includes your contact information, any special handling requests, and the total filing fee enclosed. Make sure to include a return address for where the attested copy should be sent. Submit the form, cover letter, and payment to the Secretary of State Division of Corporations. After processing, you will receive an official copy of your Certificate of Formation, marking the beginning of your LLC's legal existence in Maine.

Discover More on This Form

What is the filing fee for the MLLC-6 form?

The filing fee for the MLLC-6 form, used for the formation of a Maine Limited Liability Company, is $175.00.

What information is required on the MLLC-6 form for a Maine LLC?

To properly complete the MLLC-6 form, the following information is needed:

  1. The name of the limited liability company, which must include specific designations indicating it is an LLC.
  2. The filing date or a later effective date if applicable.
  3. Designation as a low-profit LLC (if applicable), including specific conditions that must be met.
  4. Designation as a professional LLC (if applicable), including the type of professional services provided.
  5. Information about the registered agent, whether commercial or noncommercial, including their consent to serve as such.
  6. Any other matters the members wish to include, detailed in an attached exhibit.

Can the MLLC-6 form be used to establish a low-profit LLC?

Yes, the MLLC-6 form allows for the designation of a limited liability company as a low-profit LLC, provided all specific qualifications set forth in the form are met.

What types of companies can designate themselves as a Professional LLC using the MLLC-6 form?

Professional limited liability companies, such as those providing services by accountants, attorneys, chiropractors, dentists, registered nurses, and veterinarians, can use the MLLC-6 form for designation, among others not exclusively listed.

How does a company designate a Registered Agent on the MLLC-6 form?

A company must select either a Commercial or Noncommercial Registered Agent and provide the required details on the MLLC-6 form, including:

  • Name of the agent.
  • Physical and mailing addresses.
  • Confirmation of the agent's consent to serve.

What is required for the MLLC-6 form to be considered properly executed?

The MLLC-6 form must be signed by at least one authorized person, and the execution of this certificate constitutes an oath or affirmation under the penalties of false swearing.

Where and to whom should the completed MLLC-6 form and payment be submitted?

The completed MLLC-6 form along with the appropriate fee should be submitted to the Secretary of State Division of Corporations, UCC, and Commissions in Augusta, Maine. The specific address is 101 State House Station, Augusta, ME 04333-0101. Payments should be made payable to the Maine Secretary of State.

Common mistakes

When individuals set out to establish a limited liability company (LLC) in Maine, the filing of the Certificate of Formation, specifically form MLLC-6, marks a significant initial step. Unfortunately, errors in this process can lead to delays, additional costs, or even legal issues. Here are seven common mistakes people make when completing this form:

  1. Failing to ensure the chosen name for the limited liability company complies fully with state requirements, particularly the inclusion of a designator such as "L.L.C.," "LLC," "L.C.," "LC," "L3C," or "l3c" that explicitly identifies the nature of the business as a limited liability company.
  2. Omitting or inaccurately specifying the filing date in the Certificate of Formation. Some may overlook the option to specify a later effective date, missing an opportunity to align the timeline with their business plan.
  3. Neglecting the designation as a low-profit LLC, when applicable, thereby failing to meet the specific qualifications set forth for low-profit limited liability companies, such as the commitment to charitable or educational purposes and restrictions regarding income production and political activities.
  4. Incorrectly defining or entirely missing the designation as a professional LLC, when applicable, thereby not specifying the professional services the company will provide, which is crucial for companies in fields like law, medicine, or accounting.
  5. Choosing the wrong type of registered agent or failing to provide complete and correct information about the registered agent, including the distinction between commercial and noncommercial agents along with their contact details and physical location.
  6. Overlooking the requirement for the registered agent's consent to serve in such a capacity for the LLC, thereby risking non-compliance with statutory requirements.
  7. Not attaching the required Exhibit that details other matters the members wish to include, or failing to ensure that at least one authorized person has signed the Certificate of Formation. This omission may not only affect the legitimacy of the filing but also the enforceability of the agreed-upon internal arrangements.

To avoid these mistakes:

  • Review the form carefully and ensure compliance with all naming conventions.
  • Consider the strategic timing of your company's official formation date.
  • Check the appropriate boxes to accurately reflect the nature of your LLC.
  • Detail the professional services provided, if forming a professional LLC.
  • Select a registered agent who meets all requirements and include all necessary information.
  • Confirm the registered agent's consent to fulfill this role.
  • Attach any required exhibits and obtain the necessary signatures.

Attention to these details will not only streamline the filing process but also lay a solid foundation for your limited liability company's legal and operational structure.

Documents used along the form

When initiating or managing a limited liability company (LLC) in Maine, utilizing the MLLC-6 form, several supplementary forms and documents often accompany the initial filing to ensure a comprehensive legal structure and adherence to all regulatory obligations. These auxiliary documents span from affirming the lawful name of the business to designating the company's operational specifics and managing its financial transactions. The importance of these documents cannot be overstated, as they collectively provide a framework that supports the LLC's legal and operational framework.

  • Articles of Organization: A foundational document that officially forms the LLC in the state. It outlines basic information such as the LLC's name, address, and the names of its members.
  • Operating Agreement: Although not always legally required, this document is crucial as it outlines the ownership and operating procedures of the LLC, detailing how decisions are made, profits are distributed, and other essential management protocols.
  • Employer Identification Number (EIN) Application (Form SS-4): This form is filed with the IRS to obtain an EIN, necessary for tax filing and financial transactions like opening a bank account for the LLC.
  • Annual Report: Many states require LLCs to file an annual report to update or confirm the company's information on the state's records, including changes in address, management, or business activities.
  • Articles of Amendment: Should the LLC need to make any statutory changes to the information initially filed with the state, such as changes to its name or address, this document formalizes those modifications.
  • Certificate of Good Standing: This certificate, sometimes required by financial institutions or when registering to do business in another state, affirms that the LLC is compliant with state requirements and legally authorized to conduct business.
  • DBA (Doing Business As) Registration Form: If the LLC operates under a trade name different from the name it was registered under, this form registers the trade name with the appropriate governmental body.
  • Foreign LLC Registration Form: For LLCs formed in one state but intending to conduct business in another, this registration is required to be legally recognized and authorized to operate in the other state.
  • Membership Interest Assignment Agreement: This document facilitates the transfer of ownership in the LLC, documenting the sale and purchase of membership interests.
  • Registered Agent Consent Form: A formal acknowledgment that the appointed registered agent consents to receive legal documents on behalf of the LLC. This document is often required at the time of the LLC's formation.

Together, these documents complement the MLLC-6 form, encapsulating the broader compliance and operational framework necessary for a LLC's formation and ongoing management. Correctly preparing and submitting these documents in harmony with the MLLC-6 form can set a firm foundation for the LLC, anchoring its legal standing and smoothing its operational path forward. Consequently, they are integral to the procedural stewardship of limited liability companies.

Similar forms

The Articles of Incorporation share similarities with the MLLC-6 form in that both are foundational documents necessary for the official establishment of a business entity, with the Articles of Incorporation being used for the formation of corporations. Like the MLLC-6 form, it includes details like the business name, the type of corporation, the registered agent’s information, and the incorporator's signature. Both documents lay the legal groundwork for the entity's operation under state law.

Operating Agreements, while not filed with the state like the MLLC-6, are crucial for outlining the operational and financial decision-making processes of an LLC. They can specify member duties, voting rights, and how profits and losses are shared. Despite their differences in filing requirements, both the Operating Agreement and MLLC-6 are integral in defining the structure and governance of a limited liability company.

Certificate of Good Standing requests bear resemblance to the MLLC-6 form in that they both involve state-level certification processes. While the MLLC-6 form is about the formation of an LLC, a Certificate of Good Standing proves an existing entity is compliant with state regulations and legally permitted to conduct business. This certificate is often required for financial transactions or to register to do business in other states.

Articles of Amendment parallel the MLLC-6 form in managing changes to the business. Just as the MLLC-6 form establishes the initial structure and details of an LLC, Articles of Amendment are used to officially document any modifications to those original details filed with the state, such as changes in name, business purpose, or the management structure.

The Certificate of Formation is another term often used interchangeably with the MLLC-6 form in some states. It serves the same purpose of legally establishing a limited liability company within the jurisdiction. This document requires similar information such as LLC name, registered agent details, and business objective, solidifying their alignment in function and importance for LLC creation.

DBA (Doing Business As) filings, while not establishing a legal entity, are similar to the MLLC-6 form in that they are filed with state or local governments. A DBA allows a business to operate under a name different from its legal name, akin to how an MLLC-6 signifies the official name and operation as an LLC. Both processes are essential for legal and public recognition of the business identity.

Biennial Reports, required by some states, and the MLLC-6 share the purpose of keeping the state updated on certain aspects of a business's operations and contact information. Although the MLLC-6 is specifically for the formation of an LLC and is a one-time filing, like Biennial Reports, it ensures the state has current information on file, which is crucial for lawful operation and compliance.

Articles of Dissolution are filed when an LLC decides to terminate its existence, making them the bookend to the MLLC-6 form's role in initiating a business's legal presence. They both involve formal state filings that significantly impact the status of a business, with the Articles of Dissolution necessitating details akin to those in the MLLC-6, such as company name and reason for dissolution.

Certificates of Conversion are filed when a business decides to change its structure from one type to another, such as from a corporation to an LLC, which might involve filing a form similar to the MLLC-6 as part of the process. This transformation requires state approval, similar to the initial approval needed for the entity’s formation, highlighting the procedural parallels between forming an original entity and converting to a new legal structure.

Dos and Don'ts

When filling out the MLLC-6 form for establishing a Limited Liability Company (LLC) in Maine, certain guidelines can help ensure the process is completed correctly and efficiently. Here are key dos and don'ts to consider:

  • Do ensure the name of the LLC includes "limited liability company" or the appropriate abbreviation such as "L.L.C.," "LLC," "L.C.," or "LC" to comply with Maine state law.
  • Do clearly indicate if the filing date should be the date of the filing or a later specified date to avoid any confusion or unintentional delays in the formation of your LLC.
  • Do accurately check the box if your LLC is intended to be a low-profit limited liability company (L3C) and ensure you meet all the specified qualifications.
  • Do specify the type of professional services your LLC will offer if it is a professional limited liability company, as per the requirements of the professional LLC designation.
  • Do not forget to include the required information for your Registered Agent, whether commercial or non-commercial, along with their consent to act in this role.
  • Do not leave the sections related to the attachment of Exhibits or additional provisions blank if there are other matters that the members have determined to include in the Certificate of Formation.
  • Do ensure that the Certificate of Formation is signed by at least one authorized person, and remember that executing this document constitutes an oath or affirmation under the penalties of false swearing.
  • Do not overlook the payment of the $175.00 filing fee, which is crucial for the processing of your Certificate of Formation by the Secretary of State’s office in Maine.

Following these guidelines can help streamline the process of forming an LLC in Maine, ensuring that all legal prerequisites are met and avoiding common pitfalls that could delay or complicate the registration process.

Misconceptions

Many people have misconceptions about the MLLC-6 form, a crucial document for establishing a limited liability company (LLC) in Maine. It's important to clear up these misunderstandings to ensure that business owners can navigate the registration process smoothly and comply with state regulations.

  • Misconception 1: Any name can be used for the LLC. The truth is, the name of the LLC must comply with specific requirements detailed in the MLLC-6 form. It must include “limited liability company”, "limited company", or an appropriate abbreviation such as “L.L.C.”, “LLC”, “L.C.”, or “LC”. For a low-profit limited liability company, “L3C” or “l3c” must be used.
  • Misconception 2: The filing fee is negotiable or variable. The form clearly states a fixed filing fee of $175.00. This amount is set by the state and is not subject to negotiation or change based on the specifics of the LLC being formed.
  • Misconception 3: It’s optional to designate a registered agent on the form. Designating a registered agent is a mandatory requirement. Businesses must select either a commercial or noncommercial registered agent and provide the relevant contact information, including a physical location, which cannot be a P.O. Box.
  • Misconception 4: The form doesn’t need to be signed by an authorized person. Contrary to this belief, the form must be signed by at least one authorized person. This is a legal requirement to ensure accountability and the legitimacy of the information provided on the certificate of formation. The signatures constitute an oath or affirmation under the penalties of false swearing, emphasizing the importance of accuracy in the document's completion.

Understanding these key points can help potential LLC owners correctly complete the MLLC-6 form, making the process of forming an LLC in Maine more straightforward and compliant with state laws.

Key takeaways

Filling out the MLLC-6 form is a crucial step for those looking to establish a limited liability company (LLC) in Maine. By understanding the key features and requirements detailed in this form, you can navigate the process more efficiently. Here are six important takeaways:

  • The filing fee for the MLLC-6 form is $175.00, which is required to process your Certificate of Formation with the Maine Secretary of State. Make sure your payment is correct and included with your submission to avoid any delays.
  • Your chosen LLC name must include specific wording or abbreviations indicating that it is a limited liability company. Acceptable options include “limited liability company,” “limited company,” “L.L.C.,” “LLC,” “L.C.,” “LC,” and for low-profit limited liability companies, “L3C” or “l3c.” This requirement ensures clarity and compliance with Maine statutes.
  • When filling out the form, you have the option to specify an effective filing date. This can either be the date of filing or a later date if needed. Choosing an effective date allows you flexibility in starting your business at a time that suits you.
  • If forming a low-profit LLC, you must confirm that the business will significantly further one or more charitable or educational purposes and will not primarily focus on income production or property appreciation. This designation aligns with specific IRS code sections and state law criteria.
  • Choosing a registered agent is mandatory: you must decide between a commercial or noncommercial registered agent. This agent will handle legal and state communications on behalf of your LLC. Their physical address (not a P.O. Box) in Maine and their consent to serve as your agent must be included in the form.
  • The form must be signed by at least one authorized person, affirming under penalty of false swearing to the accuracy of the information provided. Signatories are responsible for the truthfulness of the application, underscoring the importance of reviewing all details before submission.

Correctly completing and submitting the MLLC-6 form sets the foundation for your LLC in Maine. It's not just about following procedures; it's about establishing a legal entity that aligns with your business goals and complies with state regulations. Paying attention to these key points can smooth the path to officially launching your new business venture.

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