How To Change Registered Agent in Maine (Full Guide)

As an entrepreneur in Maine who wants to change their registered agent, there is a legal procedure to be adhered to for the amendment request to be approved by the Maine Secretary of State.

To fully grasp the process and comply with the legalities of the amendment, I took the liberty to work with fellow seasoned business consultants in the state.

I spent a considerable time conversing with limited liability company professionals and researching the Secretary of State website to determine registered agent amendment documents and procedures.

Quick Summary

How To Change Your Maine Registered Agent?

To change your Maine registered agent, it would be necessary to fill out and submit a Statement of Change of Commercial Registered agent with the Maine Secretary of State and other relevant government agencies.

Maine LLC owners can change their registered agents online, by mail/in-person, or through a professional service.

Here's how:

1. Changing Your Registered Agent Using a Professional Service

Using a professional service to perform a resident agent change is an excellent option if business entity owners don't want to file registered agent paperwork.

Step 1: Choose a Professional Service

Research and select a professional service that specializes in business filings and registered agent services.

Step 2: Provide Your Business Information

You will need to provide your professional service with information about your business, such as the business name, type (e.g., LLC, corporation), and current registered agent details.

Step 3: Execution of the Statement of Change

The professional service will prepare the Statement of Change of Registered Agent form on behalf of your business entity.

This form is required to officially change your registered agent with the Maine Secretary of State, Division of Corporations, UCC, and Commissions.

Step 4: Documentation Needed

The primary document required is the Statement of Change of Registered Agent form.

Your chosen service might request additional documentation to verify your business information. This may include your current registered agent agreement or business formation documents.

Step 5: Filing Fee

• Standard Processing: Approximately \$35 (without expedited service) plus service fees.
• 24-Hour Processing: Approximately \$35 (standard fee) + \$50 (expedited fee) = \$85.
• Same-Day Processing: Approximately \$35 (standard fee) + \$100 (or more for immediate service) = \$135 or more.

Step 6: Submission and Notification

The professional service will submit the completed Statement of Change form along with the necessary filing fee to the Maine Secretary of State.

Once the form is filed, you will typically receive a confirmation or notification from the Secretary of State's office. The professional service you've hired should also notify you once the change is officially recorded.

2. Changing Your Registered Agent Online

To change your Maine registered agent service online, follow these steps:

Step 1:Visit the Official Website

You must visit the official SOS website.

Select the type of corporation you want to file, for example, a limited liability company.

Scroll down to the forms and fees section and select the Statement of Change of Commercial Registered Agent.

If you're working with a noncommercial registered agent, you will click on the Statement of Appointment or Change of Noncommercial Registered Agent form.

Step 2: Fill out the Form

Click on the attached link to access the online document and proceed to fill out the details of your business.

Step 3: Payment

Once you're done, complete the filing by submitting the filing fee payment of \$35 using a credit card.

Online corporate filings take up to 15 business days to be approved, but you can pay an additional \$100 for immediate processing.

3. Changing Your Registered Agent by Mail or In-Person

Changing a registered agent by mail allows you to submit a physical paper form of the Statement of Change of Registered Agent and a Customer Contact Cover Letter.

You need to visit the official Maine SOS website to download the PDF documents and proceed to complete them.

When filling out the Statement of Change form, you must provide the following registered agent information:

• Name of the current registered agent service
• Physical address of the present LLC registered agent
• Name and address of the new registered agent service
• Public number of the new Maine commercial registered agent service
• Jurisdiction of the organization (this applies to foreign entities)
• Date of filing
• Authorized signature

Also, note that the Maine Secretary of State mandates the new registered agent to confirm that they've accepted the responsibility of representing your firm [1].

As for the cover letter, you'll provide the following details:

• Business entity name
• Name, phone number, and email address of the contact person (the SOS will automatically reject applications without this information)
• Name and address of the person to return the verified copy of the completed filing

Also, the cover letter has a field that you can check to specify the type of expedited service you'll need: \$50 for 24 hours and \$100 for immediate service.

If you want expedited processing, you must also attach the extra filing fees.

Once you verify all the details on both documents, please print them and attach the filing fees as a check or money order.

All payments are made payable to the Maine Secretary of State.

Direct your completed amendment forms to the following official address if you're using the US Postal Service:

Department of the Secretary of State
Division of Corporations, UCC, and Commissions
101 State House Station
Augusta, ME 04333-0101

Alternatively, if you're using FedEx or UPS, direct your forms to the following:

Department of the Secretary of State
Corporations, UCC, and Commissions
111 Sewall Street, 4th Floor
Augusta, ME 04330

Alternatively, the Maine Secretary of State allows business owners to visit the head offices and submit their Statement of Appointment or Change of Registered Agent and Cover Letter in person.

4. Changing Your Registered Agent by Annual Report

In Maine, you can indeed change your registered agent when filing your annual report. This process allows you to update your registered agent information at the same time you fulfill your annual reporting requirements.

Here’s a simplified overview:

• Select a New Registered Agent: Choose a new agent willing and qualified to handle legal documents for your business in Maine.
• Complete the Annual Report: During the annual report filing process, indicate the change of your registered agent. Include the new agent's name and address.
• Submit with the Required Fee: The filing fee for LLCs and corporations was \$85 for online submissions and \$150 for paper filings.
• Confirmation: After submitting your annual report with the updated registered agent information, you will receive confirmation from the Maine Secretary of State. This confirms the change and updates your business records accordingly.

Related articles:

• How Long Does It Take to Create an LLC in Maine
• How to Look Up For an LLC in Maine

"Our only security is our ability to change."

- John Lilly, American Scientist.

Who Can Be A Maine Registered Agent?

Any business entity or individual can be a Maine registered agent if they meet the state's requirements for being one.

A Maine registered agent can also be a corporation, domestic LLC, or foreign entity authorized to conduct business in the state.

However, note that an LLC or an entity cannot be its own registered agent; you need to appoint a member or a third-party entity for that position.

A Maine registered agent handles legal correspondence with the Secretary of State and other documents like the service of process on behalf of a business entity.

This role is increasingly significant in the context of Maine's expanding business landscape, where, as per the US Small Business Administration, there were 7,779 new establishments between March 2021 and March 2022 [2].

To act as a registered agent in Maine, you should fulfill the following state requirements for being a registered agent:

• Must have a Maine registered office address
• Must be a resident of Maine
• Must be authorized to transact in the state
• Must be available throughout normal office hours to handle legal notices and service of process
• Must be authorized to receive and process legal papers
• Must be of legal age

Note that you can also act as your own Maine statutory agent, provided you meet all the above requirements.

FAQs

References:

1. http://www.mainelegislature.org/legis/statutes/5/title5sec108.html
2. https://advocacy.sba.gov/wp-content/uploads/2023/11/2023-Small-Business-Economic-Profile-ME.pdf