Maine Notice to Owner - Corporation or LLC

State:
Maine
Control #:
ME-04A-09
Format:
Word; 
Rich Text
Instant download

Description

WARNING: Maine law on this issue is extremely complex and interested parties should always consult with statutes directly. As a general rule, when a party provides labor, materials, or services to a property owner without a contract with the owner(hereinafter called subcontractor), that party is generally entitled to a lien for the value of labor, materials, or services provided. However, the owner is entitled to claim as a defense that the subcontractor is only entitled to a lien for the amount of the balance remaining due on the contract between the owner and the principal contractor. This defense only applies, however, to sums paid from the owner to the contractor before the subcontractor files suit or provides this Notice to Owner. This Notice communicates to the owner that the owner has a responsibility to ensure that the subcontractor is paid or the owner may be required to pay the amount due twice.


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FAQ

Forming an LLC or a corporation will allow you to take advantage of limited personal liability for business obligations. LLCs are favored by small, owner-managed businesses that want flexibility without a lot of corporate formality. Corporations are a good choice for a business that plans to seek outside investment.

A limited liability company (LLC) is a type of business entity defined by state law. An individual may do business as an LLC in what is called a single-member LLC. A sole proprietorship, on the other hand, is a business owned and operated by one person, but it is neither an LLC nor a corporation.

A Limited Liability Company (LLC) is an entity created by state statute. Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owner's tax return (a disregarded entity).

The main difference between an LLC and a corporation is that an llc is owned by one or more individuals, and a corporation is owned by its shareholders. No matter which entity you choose, both entities offer big benefits to your business. Incorporating a business allows you to establish credibility and professionalism.

How is a corporation formed? When individuals decide that they wish to form a corporation, they must file articles of incorporation with the Office of the Secretary of State. The articles of incorporation establish the individuals' intent to form the corporation and indicate who is forming the corporation.

In an LLC, individuals with an ownership share are called members. In a corporation, they are called shareholders. One of the advantages an LLC has over a corporation is that in many states, a creditor cannot collect a member's dividends, whereas in a corporation dividends can be collected from shareholders.

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you're forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

All states recognize businesses formed as corporations, limited liability companies (LLCs) or partnerships, or variations of these forms. Forming an LLC. An LLC is formed by one or more business people, as owners. The owners, called "members," file Articles of Organization with a state.

An LLC can achieve pass-through taxation status without any of those restrictions. LLCs also offer more income tax choices in how you are taxed. By default, LLCs enjoy pass-through taxation under IRS rules. However, by making an IRS election, you could have your LLC taxed as a C corporation or an S Corporation.

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Maine Notice to Owner - Corporation or LLC