Having a registered agent is a legal requirement when forming a limited liability company (LLC) in Maine. Below we’ll explain what the registered agent is, their duties, and the requirements to be one.
What is a Maine Registered Agent?
To form your LLC in the state of Maine, you A registered agent is an individual or company designated by the entity to receive important legal documents on behalf of the business.
What does a Maine Registered Agent do?
Title 5, Chapter 6-A, of the Maine Revised Statutes requires that an LLC appoint and maintain a registered agent and registered office. A registered agent’s primary duty is to receive service of process on behalf of the LLC. This position is necessary because it ensures that the correct people within an LLC are notified in the event of time-sensitive events such as service of process for lawsuits, tax notices, garnishment notices against employees, and notice of annual reports.
Who can be a Registered Agent in Maine?
A registered agent in Maine can be one of the following.
- An individual resident of Maine
- A domestic business entity in the state
- A registered foreign (out-of-state) business entity permitted to do business in the state
Can I be my own Registered Agent in Maine?
Yes, you can be your own agent, as long as you are a resident of the state and are generally available during business hours.
Should you be your own Maine Registered Agent?
Many business owners prefer to use a registered agent service instead of being their own agent, for these reasons:
- Availability – A registered agent needs to generally be available at the principal address during normal business hours. This could be a challenge for a business owner who doesn’t want to be stuck in the office all day, unable to run errands or meet up with potential clients.
- Reminders – Sometimes registered agent services will provide reminders on upcoming annual report filing and other compliance reports.
- Avoiding Embarrassment – If you serve as your own registered agent, you could have papers served to you for a lawsuit at your office in front of clients.
- Penalties and Fees – By not continuously maintaining a current registered agent, the LLC could face penalties and fees, in addition to the potential for administrative dissolution.
How is a Maine Registered Agent Appointed?
You’ll need to name your registered agent when you complete the official paperwork with the state to form your LLC. And so, you’ll need to decide who your registered agent or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in that role.