If you want to form an LLC in Massachusetts, there are certain forms, requirements and legalities you need to get in place. Below you will find a rundown of what you’ll need to do, together with details on each form required for your Massachusetts LLC.
Some of these forms you only need to submit once, while others must be filed on a regular basis. You will need to set reminders in your calendar to file forms regularly if you're filing yourself. At Incfile, we provide an optional, paid renewal service that can take care of renewals for you when you instruct us to do so.
The Certificate of Organization is the formal document filed with the Massachusetts Secretary of State to create your LLC. It states certain information about your business. Once the document is filed with the Secretary of State, it legally creates your business as an LLC in Massachusetts. Here’s what’s typically included:
Here at Incfile, we automatically create and file your Certificate of Organization on your behalf when you start your business with us. You only need to file your certificate once.
In Massachusetts, certain professions can form “Professional LLCs.” These are companies providing defined professional services, and they typically need to be specially licensed. In Massachusetts, businesses engaged in the following activities are considered professional service organizations and must be properly licensed and regulated.
Depending on the type of Massachusetts business you’re running, you will need to obtain various business licenses and permits. These are not required to form your LLC, but it’s important to know which permits and licenses are required for your business to operate in compliance in your jurisdiction.
Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional LLC.
Various cities in Massachusetts have slightly different rules and fees for permits and licenses. Check with your local Massachusetts city administration to see what their rules are. You will need a separate permit or license for each city your Massachusetts LLC operates in. You can find details of local business licenses from your Secretary of State.
Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state. You can get an idea of the types of permits and licenses you might need from the State of Massachusetts website. The federal government may also require you to get certain licenses or permits, and the SBA has a comprehensive list of Massachusetts license permits. The frequency of how often you need to file permits varies depending on the permit type.
Depending on the type of Massachusetts business you are running, you may need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the U.S. Small Business Administration website.
You will need to pay licensing and permit fees on a regular basis depending on the type of business you are operating and where you are located. These vary from city to city and industry to industry, so if you don’t want to do the legwork yourself, we provide a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new LLC. It includes:
Remember that operating your business without the required licenses can expose you to risks and fines from state and local governments.
You will need to file for various types of tax registration including sales and use tax, re-employment tax and other types of tax. You can find full details on the Massachusetts Department of Revenue website and in the next section.
Setting up an LLC is easy, but actively managing one can be more complex. An Operating Agreement defines how your business works and ensures all the founders, owners, members or managers have a common understanding. An Operating Agreement normally covers:
You are not required by Massachusetts state or federal law to have an Operating Agreement for your LLC, but we recommend one for several reasons. An Operating Agreement:
Your Operating Agreement only needs to be created once, but it will need to be updated if significant changes are necessary.
You must file an Annual Report with the Massachusetts Secretary of State on a yearly basis. If you do not file your annual report each year, you will be charged a late fee and your LLC may be dissolved. Here at Incfile, we can file your Annual Report on your behalf.
As you can see, there are several forms and permits you need to conduct business in Massachusetts, both initially and on an annual basis.
You may need a “Certificate of Good Standing” for certain business-related services like opening a bank account. You can order one from us and we will also send you courtesy emails when your compliance due date nears.
Incfile provides a cost-effective service to help you create your Massachusetts LLC. We guide you through the process and handle most of the administrative steps, such as filing the Certificate of Organization on your behalf. Our basic package also provides a free Registered Agent service for the first year. If you're looking for help starting an LLC, our comprehensive services provide outstanding value.
|State Fee||State Filing Time||Expedited Filing Time|
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This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.
Due Date: Anniversary date of formation or registration.
Filing Fee: $500
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