Maine Articles of Incorporation
Maine articles of incorporation form a corporation by filing Form MBCA-6 with the Secretary of State for 145 dollars, setting the name, agent, and shares. Attorney review available.
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Introduction
Maine requires every corporation to keep a registered agent at a physical Maine street address, never a post office box, and the corporation that agent serves comes into existence as a separate legal entity when you file Articles of Incorporation (Form MBCA-6) with the Maine Secretary of State. Filing brings the corporation into existence so it can own property, sign contracts, and give its owners limited liability for the corporation debts. Maine law requires the articles to set forth a corporate name that satisfies section 401, the number of shares the corporation is authorized to issue, the registered agent information required by Title 5, and the name and address of each incorporator (13-C M.R.S. section 202). The filing fee paid to the Secretary of State is 145 dollars. The corporation must maintain a registered agent with a physical Maine street address, not a post office box (5 M.R.S. section 105). After the corporation is formed, Maine charges no general corporation franchise tax on ordinary business corporations; a separate franchise tax applies only to financial institutions. Every corporation must file an annual report with the Secretary of State by June 1 each year, with an 85 dollar fee (13-C M.R.S. section 1621). DocDraft builds your Maine articles of incorporation from your facts, with attorney review available before you file. The fee and tax figures come from two agreeing grounded sources and should be re-confirmed against the Secretary of State fee schedule before filing.
Key Things to Know
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A Maine business corporation is created as a separate legal entity by filing Articles of Incorporation (Form MBCA-6) with the Secretary of State for a 145 dollar fee.
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You file the articles with the Maine Secretary of State, Division of Corporations, and pay a 145 dollar filing fee. The Secretary of State is the filing office for forming a Maine corporation.
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Maine requires the articles to set forth a corporate name that satisfies section 401, the number of authorized shares, the registered agent information required by Title 5, and the name and address of each incorporator (13-C M.R.S. section 202).
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The corporation must maintain a registered agent with a physical Maine street address, not a post office box; the agent receives service of process and official documents (5 M.R.S. section 105).
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After formation, Maine charges no general corporation franchise tax on ordinary business corporations. A separate franchise tax applies only to financial institutions, administered by Maine Revenue Services.
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Every Maine corporation must file an annual report with the Secretary of State by June 1 each year, with an 85 dollar fee (13-C M.R.S. section 1621). A late filing carries an added fee, and continued failure can lead to administrative dissolution.
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Articles of incorporation form a corporation. To form a Maine limited liability company you file a certificate of formation instead, and corporate bylaws are a separate internal document the corporation keeps rather than files.
Key decisions before you file
Before you file a Articles of Incorporation in Maine, a few decisions shape the document: which option to choose and what each one means. The Articles of Incorporation guide walks through them.
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Maine Requirements for Articles of Incorporation
A Maine business corporation is formed by filing Articles of Incorporation (Form MBCA-6) with the Maine Secretary of State, Division of Corporations. The filing fee is 145 dollars. The corporation legally exists once the Secretary of State files the articles.
The corporation name in the articles must satisfy 13-C M.R.S. section 401, include a corporate designator such as Corporation, Incorporated, Company, or Limited or an abbreviation, and be distinguishable from other entities on file with the Maine Secretary of State.
The articles must give the registered agent information required by Title 5. The agent must have a physical Maine street address, not a post office box, and receives service of process and official documents (5 M.R.S. section 105).
The articles must set forth the name and address of each incorporator, and the incorporator signs the articles. The incorporator does not have to be an owner, director, or officer of the corporation (13-C M.R.S. section 202).
The articles must state the number of shares the corporation is authorized to issue, and if there are two or more classes, the number of shares and a description of the rights in each class (13-C M.R.S. section 202, section 601).
Every Maine corporation must file an annual report with the Secretary of State by June 1 each year, with an 85 dollar fee (13-C M.R.S. section 1621). A late filing carries an added fee, and continued failure can lead to administrative dissolution.
Maine charges no general corporation franchise tax on ordinary business corporations. A franchise tax applies only to financial institutions such as banks. An ordinary corporation is instead subject to Maine corporate income tax; confirm with Maine Revenue Services.
Articles of incorporation form a corporation. To form a Maine limited liability company you file a certificate of formation instead. Corporate bylaws are a separate internal document the corporation keeps rather than files with the state.
Frequently Asked Questions
In Maine, articles of incorporation are the founding document you file with the Secretary of State to create a corporation. Filing them makes the corporation a separate legal entity that can own property, sign contracts, and shield its owners from personal liability for the corporation debts. A business corporation is formed by filing Articles of Incorporation (Form MBCA-6), which sets out a corporate name, the number of authorized shares, the registered agent information, and each incorporator (13-C M.R.S. section 202).
In Maine, articles of incorporation create a corporation, which has shareholders, directors, and shares of stock and files Form MBCA-6. A limited liability company (LLC), which has members instead of shareholders and issues no stock, is formed by filing a certificate of formation rather than articles of incorporation. Both kinds of documents are filed with the Maine Secretary of State and both form a separate legal entity, but they create different entities under different parts of Maine law. Choose the one that matches the entity you want.
You file the Articles of Incorporation (Form MBCA-6) with the Maine Secretary of State, Division of Corporations, and the filing fee is 145 dollars. Once the Secretary of State files the articles, the corporation legally exists in Maine. Re-confirm the current fee on the Secretary of State fee schedule before you file, since filing fees are set by the office rather than the statute.
Maine requires the articles to set forth a corporate name that satisfies the requirements of section 401; the number of shares the corporation is authorized to issue, and if there are two or more classes, the number of shares and a description of the rights in each class; the registered agent information required by Title 5, section 105; and the name and address of each incorporator (13-C M.R.S. section 202).
A Maine corporation must maintain a registered agent with a physical Maine street address, not a post office box (5 M.R.S. section 105). The agent can be an individual who resides in Maine or a commercial registered agent registered with the Secretary of State, and must agree to accept service of process and official documents for the corporation. Maine records the registered agent as part of the articles and annual filings.
Maine charges no general corporation franchise tax on ordinary business corporations. The state levies a franchise tax only on financial institutions, such as banks. An ordinary Maine business corporation is instead subject to Maine corporate income tax on its income. This is general information, not tax advice; confirm your obligations with Maine Revenue Services.
Every Maine corporation must file an annual report with the Secretary of State by June 1 each year, with an 85 dollar fee for a domestic business corporation (13-C M.R.S. section 1621). The report keeps the state updated on the corporation registered agent and address. Filing on time keeps the corporation in good standing; a late filing carries an added fee, and continued failure can lead to administrative dissolution.
In Maine, articles of incorporation are the short public document you file with the Secretary of State to create the corporation. Bylaws are a longer internal document the corporation adopts and keeps in its own records, not filed with the state, setting the rules for how the corporation is run, such as how directors are elected and how meetings are held. You need the Maine articles to exist as a corporation and the bylaws to govern it day to day.