What is a Massachusetts LLC?
A Massachusetts LLC is formed by filing Articles of Organization with the Secretary of State and paying the appropriate filing fee. A Massachusetts LLC is governed by its Operating Agreement, which is written and agreed upon by its members, and which lays out the management structure of the company. Each member offers a capital contribution in return for an ownership percentage.
Learn more below about the structure of a Massachusetts LLC and how one is formed.
Massachusetts LLC Requirements
- Massachusetts Limited Liability Company Certificate of Organization.
- State Filing Fee of $500.
- A Registered Agent located in Massachusetts. See our service here.
- Beneficial Ownership Information Report filing. Your report must be submitted after company formation starting January 1, 2024.
Massachusetts LLC Structure
MA Limited Liability Companies are structured legally with the Massachusetts Articles of Organization for a Limited Liability Company. Like many states, the document for an LLC is short and simple.
The required information to be listed:
- Federal Identification No.
- Office Address
- Resident Agent
- Management & Authorization
List the Federal Identification Number.
Provide the exact name of the Massachusetts Limited Liability Company.
The address to be listed is the address located in the commonwealth where the LLC was formed. That address will contain the records for an LLC in Massachusetts.
The general character of the business is to be listed with truthfulness and a direct explanation.
Your required Resident Agent, aka Registered Agent, will be listed on the formation document. The agent name and address will be listed.
Management & Authorization
The name of each manager will be required information. You can list an address for each manager if the address is different from the business address.
|Massachusetts LLC Facts|
|The Formation Document||Certificate of Organization|
|Filing Agency||Secretary of the Commonwealth|
|Our Fee||$675 (includes registered agent service)|
|Annual Report Due Date||Anniversary Date|
|Annual Report Fee||$500 ($520 online)|
How to File a Massachusetts LLC
Steps in forming a Massachusetts LLC:
- Select a Massachusetts LLC Name: You must first choose a name for your limited liability company. The name that you select must be different from all other company names already registered in the Commonwealth. The name must contain one of the following designators: Limited Liability Company, Limited Company, LLC, L.L.C., LC or L.C.
- Submit a Certificate of Organization: To form an LLC you file a Certificate of Organization with the Secretary of the Commonwealth. The filing fee is $500. You can file a Certificate of Organization online or you can submit a paper document by mail, fax or in person.
- Appoint a Registered Agent: A registered agent must be appointed on the Certificate of Organization. A registered agent accepts service of process on behalf of a business. All agents must maintain a registered office (a phyiscal street address, not a PO box) within the state.
- Write an Operating Agreement: An Operating Agreement is the governing document of your LLC. It lays out the ownership and the management of you company. It is a crucial document in the running of your business.
- Open a Business Account: Your LLC will need a business bank account to process payments, credits and debits. Local branches will have specific criteria for establishing accounts. You should contact the bank and ask what they will need. Most banks require copies of your Certificate of Organization, Operating Agreement and an initial resolution authorizing the opening of the account.
- File an Annual Report: Each year your LLC must file an Annual Report. You can file online ($520) or by mail ($500). The filing deadline is the anniversary date of your registration in the Commonwealth.
- Submit Beneficial Ownership Information Report: You must a file a BOI report with the Financial Crimes Enforcement Network after formation, starting January 1, 2024. The BOI report is free to file and must be submitted online.
Can My Company Name Include the Name of a Member or Manager?
Yes. The name of your LLC may include the name of a member or manager of the company, such as: John Smith LLC.
Is My Certificate of Organization Public?
Yes. The document is made public at the Secretary of the Commonwealth’s website, and paper copies can be acquired by inquiring with the SC. Rejected documents will also be viewable online, along with a copy of the rejection sheet.
Do I Have to File an Initial Report in Massachusetts?
No, there are no initial reporting requirements in the Commonwealth for LLCs.
Massachusetts Registered Agent
A Massachusetts registered agent is required to fulfill the following duties:
- Maintain a registered office (physical street location, not a post office box) within the state
- Keep regular business hours all year long to accept certified mail deliveries
- Accept service of process and official business mail on behalf of clients
- Contact clients when documents are accepted
- Forward all documents to clients in a timely manner
Agents will also be the main point of contact between businesses and the Secretary of the Commonwealth.
An Operating Agreement addresses two main components: ownership and management. This is an internal document and is not filed with any government agency. There is no legal requirement for an Operating Agreement, and each document should be written to meet the needs of a particular LLC.
Your OA should detail the initial members of your LLC and the contributions they have made to the company (monetary investment, property, services, etc.). The rights and responsibilities of members needs to be made clear.
An OA should outline the management of the LLC. First, will the company be managed by its members or by managers chosen by the members? Second, the specific duties and rights of the managers. Third, management procedures, such as how annual meetings will be held.
After you form an LLC, you will be required to submit an Annual Report every year. The report must be filed by the anniversary date of your registration. If you registered on October 31, then you must file by October 31 each year. The filing fee for LLCs is $500 if submitted by mail and $520 if filed online.
Federal Beneficial Ownership Information Report Filing
As a newly-formed LLC, you’ll probably need to submit a Beneficial Ownership Information (BOI) Report to the Financial Crimes Enforcement Network (FinCEN). The BOI report provides the federal government with basic information about your LLC and the people with the most power over your business decisions and profits. Starting January 1, 2024, this report is due following company formation. This report is a little complicated, but we can make filing painless with our $9 BOI report filing service.
Why Hire Corporate Filing Solutions to Form Your Massachusetts LLC?
Starting your LLC in Massachusetts shouldn’t be a hassle or a time consumer. That’s why we offer Filings Made Easy™ to make starting an LLC in Massachusetts super easy.
Hire us and relax while our filing experts form your new Massachusetts LLC. Our staff will process orders the same business day as they are received. To make things even easier, we bundle the first year of Registered Agent service and ensure your Massachusetts LLC comes fully equipped and ready to do its job.
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