Get an Operating Agreement for your new LLC |
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Form your Massachusetts LLC for free!
IT'S QUICK AND EASY
FormLLCDirect provides entrepreneurs and business owners with direct access to the tools and information needed to form your Massachusetts LLC for FREE!
STEP 1
CHECK NAME AVAILABILITY FOR YOUR MASSACHUSETTS LLC
Generally, a limited liability company ("LLC") in Massachusetts may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new Massachusetts LLC is available. There is no fee for this service.
Massachusetts LLC Check Name Availability
STEP 2
FORM YOUR MASSACHUSETTS LLC
If you elect to file the Certificate of Organization by mail, please mail
the form and filing fee to:
Secretary of the Commonwealth, Corporations Division
One Ashburton Place, 17th floor
Boston, MA 02108-1512
Telephone: (617) 727-9640
To complete The Certificate of Organization you must include:
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The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
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The address of the LLC’s principal office.
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The LLC’s main office address in the state of Massachusetts.
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The purpose for forming the LLC. An LLC may list any lawful purpose.
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The name and address of the registered agent. You may not use a PO Box. A registered agent must be an individual residing in the state, a domestic corporation or a foreign corporation authorized to do business in the state. The registered office is typically the business office of the registered agent. It need not be the same office of the LLC’s business office. If you or one of the members of the LLC has an address in the state you may use that address for register agent purposes.
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The name of the manager, if any. A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
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The name and business address, if different from the office location, of any person in addition to the manager, who is authorized to execute documents to be filed with the Corporations Division, and at least one person shall be named if there are no managers.
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The certificate must be signed by the person forming the LLC.
STEP 3
GET A CUSTOMIZED MASSACHUSETTS OPERATING AGREEMENT
It is extremely important that every Massachusetts LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.
STEP 4
GET AN EIN FOR YOUR NEW LLC
An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.
Receive your entity's EIN for FREE in minutes
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