Maine LLC Operating Agreement
Set out who owns your Maine LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Maine LLC act rules · as of 2026
- Required by law?
- Yes — required
- Recognized form
- "written, oral or implied" — 31 M.R.S. § 1502(15) (definition of "limited liability company agreement")
- Governing act
- Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501)
Without an agreement: Distributions before dissolution are made on the basis of the agreed value of the contributions made by each person (not equal shares) — 31 M.R.S. § 1554. Source: 31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope) · verify ↗.
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Operating Agreement
of __________ · State of Maine
This Operating Agreement (the "Agreement") is made effective __________ by the member(s) of __________ (the "Company"), a limited liability company organized under the Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501), with its principal office at __________ .
1. Formation & purpose. The Company was formed under Maine law by filing its formation document with the state. Its purpose is: __________ , and any other lawful activity under the Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501).
2. Members & ownership. The membership interests are: __________ — ____%; __________ — ____%; __________ — ____%; __________ — ____%. For a single-member company, the sole member holds 100% and the second line is left blank.
3. Management. The Company is __________ . If manager-managed, the manager is __________ , who may bind the Company in the ordinary course of business; major decisions (admitting members, selling substantially all assets, dissolution, amending this Agreement) require the consent of members holding a majority of the membership interests.
4. Capital contributions. The members have contributed: __________ . No member is required to make additional contributions without their written consent.
5. Allocations & distributions. Profits and losses are allocated, and distributions made, in proportion to the ownership percentages in Section 2, at the times the members (or manager) determine, subject to the Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501)'s limits on distributions.
6. Records, amendment & law. The Company keeps its records at the principal office; each member may inspect them. This Agreement may be amended only in writing signed by all members. It is governed byMaine law and is binding on the members, their successors, and assigns.
Generated with SealFormsReflects Maine law · verified 2026
Why your Maine LLC needs this — even single-member
- It overrides the default rules. Without an agreement, the Maine Limited Liability Company Act (31 M.R.S. §§ 1501–1693; short title per 31 M.R.S. § 1501) decides how profits are split and who can act for the company — not you.
- It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
- Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.
Maine law
Yes — Maine is one of the few states that require an operating agreement by law: 31 M.R.S. § 1531(1)(B): "A limited liability company agreement must be entered into or otherwise existing" — it may be entered into before, after, or at the time of filing the certificate of formation. Because § 1502(15) defines the agreement as "written, oral or implied," an oral or even implied agreement satisfies the requirement; nothing is filed with the state. Note: certain modifications (e.g., of fiduciary duties, § 1521(3)) require a WRITTEN agreement. (as of 2026). Source: 31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope). Check the current Maine LLC rules before relying on any default.
Frequently asked questions
Is an operating agreement required in Maine?
Yes — Maine is one of the few states that require an operating agreement by law: 31 M.R.S. § 1531(1)(B): "A limited liability company agreement must be entered into or otherwise existing" — it may be entered into before, after, or at the time of filing the certificate of formation. Because § 1502(15) defines the agreement as "written, oral or implied," an oral or even implied agreement satisfies the requirement; nothing is filed with the state. Note: certain modifications (e.g., of fiduciary duties, § 1521(3)) require a WRITTEN agreement. (as of 2026). Source: 31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope).
Does a single-member LLC need an operating agreement?
It is not usually legally required, but yes in practice: a written agreement helps prove the LLC is a separate entity (protecting limited liability), is routinely requested by banks and lenders, and controls what happens if you bring in a partner or pass the business on. For a single member, it is a short document — this template works for that case.
Does the operating agreement get filed with the state?
No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Maine agency records it.
Can the agreement be oral in Maine?
Maine's statute recognizes: "written, oral or implied" — 31 M.R.S. § 1502(15) (definition of "limited liability company agreement") (31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.
How does Maine compare? See which states actually require an operating agreement, every claim cited to the state LLC act.
How Maine compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Maine: 31 M.R.S. § 1502(15) (definition); 31 M.R.S. § 1531(1)(B) (agreement must exist); 31 M.R.S. § 1521 (scope) ↗.
- Maine is one of 4 of 51 jurisdictions that require an LLC to have an operating agreement (47 leave the operating agreement optional (statutory default rules apply without one)).
LLC operating agreement in other states
More Maine legal forms
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