Summary
The fact that you may need to register with state agencies like Maine Secretary of State is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in Maine, use this guide to:
- Explore the that triggers the need to register with the Maine Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Maine Secretary of State.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the Maine Secretary of State?
Maine generally considers a business to be "doing business" if it has a significant ongoing presence or conducts regular activity within the state. These activities include:
- Physical Presence: Operating an office, store, warehouse, or any other type of physical location in Maine.
- Employees: Hiring employees who live and work in Maine.
- Business Activity: Regularly selling goods, providing services, or engaging in other income-generating activities with Maine clients or customers.
- Deriving Income from Maine: Earning significant revenue from sources located within Maine.
Activities that Maine might NOT consider "doing business":
- Isolated Transactions: Conducting infrequent or single transactions without the intent of ongoing business in Maine.
- Interstate Commerce: Primarily engaging in the movement of goods or services across state lines.
- Maintaining Bank Accounts: Simply holding bank accounts or other financial assets in Maine.
- Litigation: Defending or bringing legal action within Maine.
Where do I register, and what else is required?
- A Certificate of Good Standing is required
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in Maine. Here's a Maine specific guide we put together.
What is the registration fee?
The fee charged by Maine is $250 (if registration is needed).
How long does Maine usually take to process?
Maine usually takes approximately 2 - 3 weeks to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at Maine's:
C-Corporation
- Filing Date: April 15
- Filing Frequency: Annual
LLC
- Filing Date: April 15
- Filing Frequency: Annual
Non-Profit
- Filing Date: April 15
- Filing Frequency: Annual
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Maine. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
