Section 404(d) of the Uniform Limited Liability Company Act provides:
Action requiring the consent of members or managers under this Act may be taken without a meeting.
Maine Unanimous Consent to Action By the Members of a Limited Liability Company, in Lieu of a Meeting, Ratifying Past Actions of Managing Member and/or Members
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In Maine, an Operating Agreement must be entered into before, after, or during the time of filing for an LLC. This agreement can be written, oral, or even implied. In other words, it's a fairly lenient law, but it is still a requirement in Maine.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...
Limited Liability Companies (Title 31, chapter 21) MLLC-1Application for Reservation of NameMLLC-6Certificate of Formation Small Business Resources Commercial Clerk and Commercial Registered Agent (CRA) SearchMLLC-6A (D)Restated Certificate of FormationMLLC-9 (D)Certificate of AmendmentMLLC-10Statement of Merger27 more rows
Someone can walk through the woods to get to a lake, look at the lake, and walk back. But a person cannot, except for the permissive access custom, swim or fish from the shore. Nor can that person make use of recreational rights on the lake without being able to get to the lake with a car, canoe, or boat.
Create an Operating Agreement Maine doesn't require an LLC to have an operating agreement but does recognize the operating agreement as a governing document for legal purposes if you have one. It is a good idea to create an operating agreement, especially for LLCs with more than one member.
Maine requires that all registered businesses appoint a registered agent. Your business registration filing will be rejected by the Maine Division of Corporations if you do not appoint a registered agent.