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 Rapi Stack · 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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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 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)).
The rest of what Maine requires
The figures below are Maine's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Maine page for that document.
- Security deposit cap · as of 2026
- 2 months' rent 14 M.R.S. §6033 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out 14 M.R.S. §6033 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days 14 M.R.S. §6033 ↗
- Notice for unpaid rent · as of 2026
- 7 days to pay or quit 14 M.R.S. § 6002 ↗
- Small claims limit · as of 2026
- $10,000 14 M.R.S. § 7482 (as amended by PL 2025, c. 261); Maine Rules of Small Claims Procedure ↗
- Where you file · as of 2026
- Small claims proceedings in the Maine District Court · filing fee $70 to enter a small claims action (includes a $15 mediation fee) under the Judicial Branch fee schedule, Administrative Order JB-05-26 (A. 3-26), effective March 9, 2026; optional clerk service is $15 per party. 14 M.R.S. § 7482 (as amended by PL 2025, c. 261); Maine Rules of Small Claims Procedure ↗
- Rental application fee · as of July 2026
- Limited to the actual cost of screening Maine Legislature ↗
- Bill of sale notarization · as of 2026
- Not required Maine BMV / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required 18-C M.R.S. §5-905 ↗
- Recording a deed · as of 2026
- County Registry of Deeds (Register of Deeds) · no witnesses 33 M.R.S. § 203 ↗
LLC operating agreement in other states
More Maine legal forms
Different state? See LLC operating agreements by state →