Is an operating agreement required by law in Maine?

This page has not confirmed whether Maine law requires an LLC to have an operating agreement, so it does not answer yes or no. A written agreement signed by every member is worth having either way. It records who owns what share of the LLC, who makes decisions, and how profits are divided. To learn what Maine requires, check the website of the state agency that registers LLCs in Maine, or ask a business attorney licensed in Maine.

Can I write my own Maine LLC operating agreement?

Yes, you can write your own Maine LLC operating agreement. It should cover each member's ownership share, voting rights, how profits are divided and how the LLC is closed down, because the default rules in Maine's LLC law can apply where the agreement is silent. Read the guidance for LLCs on the website of the state agency that registers them in Maine, and consider having a business attorney licensed in Maine review your draft before the members sign it.

Does my Maine LLC operating agreement need to be notarized?

This page has not confirmed whether Maine law asks for an operating agreement to be notarized. Have every member sign and date it and keep it with the LLC's records. A bank or lender may ask for notarized signatures, so ask before you sign.

What happens if my Maine LLC doesn't have an operating agreement?

Without an operating agreement, members have no written terms to settle a disagreement. Where the members have no agreement on a point, the default rules in Maine's LLC law can apply instead. Read the guidance for LLCs on the website of the state agency that registers them in Maine before you draft the agreement.

Can I amend my Maine LLC operating agreement after it's created?

Yes. An operating agreement can be changed by following the amendment procedure it sets out, such as a vote or the written consent of the members it names. If the agreement says nothing about amendments, the default rules in Maine's LLC law can apply, so check them, or ask a Maine business attorney, before you change a term. Put each amendment in writing, have the members sign it, and keep it with the agreement. To amend the LLC's Certificate of Formation on file with the state, Maine uses a separate filing, the Certificate of Amendment.

Maine LLC Operating Agreement: What to Include

What to put in an operating agreement for your Maine LLC, and how single-member and multi-member agreements differ.

By Edmond Hui · Last updated: October 2026

Affiliate disclosure: We may earn a commission at no extra cost to you.

Form your LLC with Northwest ($39 + state fee)Includes a year of registered agent service. After year one, registered agent service is $125/yr. That enrolls you by default in annual report filing at $100 plus state fees, charged automatically to your saved payment method and cancellable any time.

Not sure which service is right? Compare formation services →

Key sections of a Maine LLC operating agreement, listing the 7 provisions the document should cover. — What a Maine operating agreement should contain, section by section. Source: Maine Secretary of State.

Watch: Maine LLC Operating Agreement: What to Include (2026)

What to Include in Your Operating Agreement

Ownership & membership

Define each member's ownership percentage and initial capital contributions. This section establishes who owns what portion of your Maine LLC and prevents future ownership disputes.

Management structure

Specify whether your LLC is member-managed or manager-managed and outline decision-making authority. Clear management roles prevent confusion and ensure smooth daily operations.

Voting rights

Establish how votes are allocated and what decisions require member approval. This protects minority members and ensures important business decisions follow proper procedures.

Profit/loss allocation

Detail how profits and losses are distributed among members and when distributions occur.

Member duties

Outline each member's responsibilities, time commitments, and restrictions on competing activities. Clear duties ensure everyone understands their role and obligations to the LLC.

Dissolution process

Define when and how the LLC can be dissolved and how assets will be distributed. Having dissolution procedures in place protects all members if the business needs to close.

Amendment procedures

Specify how the operating agreement can be modified and what member approval is required. Amendment procedures ensure changes to the agreement follow proper authorization.

Read this guide for another state:

Frequently Asked Questions

: This page has not confirmed whether Maine law requires an LLC to have an operating agreement, so it does not answer yes or no. A written agreement signed by every member is worth having either way. It records who owns what share of the LLC, who makes decisions, and how profits are divided. To learn what Maine requires, check the website of the state agency that registers LLCs in Maine, or ask a business attorney licensed in Maine.
: Yes, you can write your own Maine LLC operating agreement. It should cover each member's ownership share, voting rights, how profits are divided and how the LLC is closed down, because the default rules in Maine's LLC law can apply where the agreement is silent. Read the guidance for LLCs on the website of the state agency that registers them in Maine, and consider having a business attorney licensed in Maine review your draft before the members sign it.
: This page has not confirmed whether Maine law asks for an operating agreement to be notarized. Have every member sign and date it and keep it with the LLC's records. A bank or lender may ask for notarized signatures, so ask before you sign.
: Without an operating agreement, members have no written terms to settle a disagreement. Where the members have no agreement on a point, the default rules in Maine's LLC law can apply instead. Read the guidance for LLCs on the website of the state agency that registers them in Maine before you draft the agreement.
: Yes. An operating agreement can be changed by following the amendment procedure it sets out, such as a vote or the written consent of the members it names. If the agreement says nothing about amendments, the default rules in Maine's LLC law can apply, so check them, or ask a Maine business attorney, before you change a term. Put each amendment in writing, have the members sign it, and keep it with the agreement. To amend the LLC's Certificate of Formation on file with the state, Maine uses a separate filing, the Certificate of Amendment.

Sources

3 documents

Each entry below is a document recorded in our verified Maine sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

Maine statute: Title 31, chapter 21 (Maine Limited Liability Company Act)
Maine statute: Title 31 (LLC law)
maine.gov/sos/corporations-commissions/corporations-business-servicesMaine Secretary of State: business entity filings

More for Maine LLCs

Start and set up

Taxes, money and growth

Stay compliant

Operate in other states

Compare structures

By owner type

Forming an LLC in Maine?

See how Northwest Registered Agent, Bizee, ZenBusiness and LegalZoom, the formation services we partner with, compare on 3-year cost, BBB rating and Trustpilot score before you choose.

Compare Services →

Ready to Form Your Maine LLC?

Affiliate disclosure: We may earn a commission at no extra cost to you.

Not sure which service is right? Compare formation services →

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

How we check facts

What to Include in Your Operating Agreement

Ownership & membership

Management structure

Voting rights

Profit/loss allocation

Member duties

Dissolution process

Amendment procedures

Frequently Asked Questions

Sources

More for Maine LLCs

Start and set up

Taxes, money and growth

Stay compliant

Operate in other states

Compare structures

By owner type

By profession

Ready to Form Your Maine LLC?

More Maine LLC Guides

Related guides