What is an LLC in Massachusetts?

An LLC Massachusetts is a type of business started in the state of Massachusetts that enjoys a limited liability distinction.

LLC in Massachusetts Information: Certificate of Organization

Domestic limited liability companies can be started in Massachusetts when an individual fills out, files, and executed a certificate of organization. This document outlines the specific name of the LLC and it establishes the address. The address is recorded and maintained along with other paperwork in the Commonwealth where the business has been created.

The certificate also includes the character of the business in terms of its function and whether or not said business is one that offers professional services. The paperwork must outline the specific services as well as who will provide the service. Specifically, it must outline the members and managers of the LLC,

Statements that inform the state or Massachusetts that the LLC will abide by the provisions and the acquiring of liability insurance. This is required by the MGI.

Drafting the Certificate of Organization

Documents outline the latest date that the business will function and then dissolve. However, this does not need to be specified if such a date does not exist. The registered agent name, address, contact information as well as the consent to become the registered agent by this individual should be included as well.

If the LLC has a business address that is different from the office address, the information should be outlined too. Managers must be named in documents and at least one individual who can execute paperwork on behalf of the LLC. Documentation should be filed with the Corporates Division of the state when this is necessary.

When the LLC is established in the state of Massachusetts, then the business should be named in accordance with the formation requirements set forth by the Secretary of the Commonwealth Corporations Division. Papers should be filed with said name with the appropriate fee.

Fees must be paid at the same time that the Certificate of Organization is filed and a $500 fee is about what you will need to pay. Turnaround time for processing are fairly quick and you can expect documentation to be executed through the commonwealth within about three to five business days. This timeframe does exclude the time it takes to mail and ship documentation.

If for some reason the wait time it too long, you have the option of paying a rush fee. The fee will add on about 4 percent more to the original filing fee.

How to Start an LLC in Massachusetts

The process for starting a Massachusetts LLC begins with the name. Unique ones must be considered and placed on paperwork. Unique means that the same name is not already used in the state and within the same type of business. The name must have the full or abbreviated Limited Liability Company or Limited Company on the end of it.

Along with the name, you must also get an Employer Identification Number (EIN) through the IRS for tax purposes.

There are some legal obligations when it comes to retaining an LLC, like the requirement of creating and filing an annual report. If one is not filed, then the LLC may be dissolved and you will need to file an Application for Reinstatement Following Administrative Dissolution form with the states. A $100 fee will be charged when you do so. Also, you must respond to all legal documents and tax paperwork within the appropriate timeframe. This is where the registered agent often comes in.

LLC in Massachusetts Information: Statement of Change of Resident Office Address by Resident Agent

The registered agent must always be on file with the state of Massachusetts. You can change the registered agent at any time that you desire. To do so, you will need to fill out a document called the Certificate of Statement of Change of Resident Agent/Resident Office. This document must be filed with the Commonwealth of the state of Massachusetts and a $25 fee will be charged for this. However, if you decide to file the papers electronically online, then this fee is waived.

Also, resident agents have the option of resigning. This requires a filing of a Statement of Resignation with the Corporations Division. A new agent must then be assigned to the LLC for it to remain active and in good standing.

If you need assistance in forming an LLC Massachusetts, make sure to post a job on the UpCounsel marketplace. We offer legal assistance through the expertise of our vast pool of legal professionals. We accept only the best, meaning you will be served by the top 5 percent of the lawyers in the country who have worked with businesses like Google, Stripe, and Twilio.