Foreign qualification is the process by which a business entity that was formed in another state seeks permission to operate in Maine. This involves registering with the Secretary of State in Maine and complying with the state's regulations to ensure legal and authorized business activities within its jurisdiction.
There are 2 different ways to foreign qualify in Maine depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Maine or use Mosey to do it.
Use Mosey to register with the Secretary of State in Maine.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Maine Foreign Qualification for C Corporation
If you are "transacting business" in Maine, you must file a Foreign Corporation Application for Authority to Do Business Statement with the Secretary of State. Maine, like most states, provides a list of activities considered not "transacting business" in lieu of defining "transacting business."
Acquire a Certificate of Good Standing
The application must be accompanied by a certificate of existence authenticated by the Secretary of State from the company's home incorporation state issued in the last 90 days.
Establish a Registered Agent
You must have a registered agent in Maine designated to accept service of process. Your registered agent can be an individual who resides in Maine or a corporation authorized by the Secretary of State to act as an agent.
Fill out the Authority to Do Business Application
Fill out the Foreign Corporation Application for Authority to Do Business (Form MBCA-12).
File the Authority to Do Business Application
File the Foreign Corporation Application for Authority to Do Business (Form MBCA-12) with the Maine Secretary of State. The form must be sent via mail.
Maine Foreign Qualification for LLC
To transact business in Maine, you must file a Statement of Foreign Qualification to Conduct Activities with the Secretary of State. Maine, like most states, provides a list of activities not constituting "transacting business" instead of defining "transacting business."
Acquire a Certificate of Existence
You must obtain a certificate of existence or similar document issued in the last 90 days by your home Secretary of State.
Establish a Registered Agent
You must have a registered agent in Maine designated to accept service of process. Your registered agent can be an individual who resides in Maine or a corporation authorized by the Secretary of State to act as an agent.
Fill Out the Statement of Foreign Qualification
Complete the Statement of Foreign Qualification (Form MLLC - 12).
Submit the Statement of Foreign Qualification
Attach your certificate of existence to the completed statement of foreign qualification and mail the documents to the Maine Secretary of State.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in Maine.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in Maine.
