Forming a LLC in Massachusetts does not have to be like fighting the British at Concord or any other revolutionary act. It can be easy to set up so long as you have the right forms and information.

An LLC, or limited liability company, protects its owners from personal liability for the company's debts and liabilities, provides continuity for the business, and offers flexibility in tax choices and ownership structure. It dispenses with the formalities of a corporation and avoids the issue of double taxation.

Get started with your own LLC.

Get started Start Your Massachusetts LLC Answer some questions. We’ll take care of the rest.

What It Costs to Form a Massachusetts LLC

The cost for forming an LLC varies by state and whether you choose standard or expedited processing. The latter, not surprisingly, usually costs more, but fees and wait times change periodically. We offer a list of average wait times that you can reference to decide which type of filing best suits your needs.

Requirements for Your Massachusetts LLC

Massachusetts, like most states, has its own rules and regulations for forming a LLC:

  • Personnel Requirements: Massachusetts LLCs must have at least one member or manager, though there is no requirement for members or managers to reside in the state. Members and managers must be at least 18 years of age.
  • Certificate of Organization: Your Certificate of Organization is the formation document for your LLC. The names and addresses of the members and managers, if any, must be included in the document as well as the name and physical address of a registered agent, which must be in Massachusetts. A registered agent is a person or company responsible for receiving all government, tax, and legal documents on behalf of the LLC and must be available during normal business hours.

Choosing a Name for Your Massachusetts LLC

You will need a unique name for your LLC. It cannot be the same name as, or one that is similar to, any other Massachusetts LLC, firm, association, foreign LLC, person carrying on business in the state, or any name already reserved, unless you have written consent from that person or entity. For example, if there is an "Amy's Creole Cooking" already in existence, you cannot have "Ami's Creole Cooking," since it is too similar and is not readily distinguishable. Your name cannot serve to confuse anyone.

Go to the website for the Massachusetts Secretary of State to see if your proposed name has already been taken.

Some other points to keep in mind include:

  • Your name must also end with "LLC," "L.L.C.," "LC," "L.C." or "Limited Liability Company." No portion of the name may imply an association with the government such as "U.S." or "United States."
  • PLLCs, or professional limited liability companies, are permitted for any professional service business.
  • Do not use a name that might imply you are a trust, insurer, or bank.

Massachusetts Taxes & Reports

Most states require that you file an annual or biannual report to keep your local government abreast of your business's progress, location, and other pertinent details. Massachusetts is no exception.

In Massachusetts, your annual report is due on the anniversary of your incorporation. That means if you formed your LLC on June 4th, your first annual report will be due June 4th the following year (and every subsequent year after that). The cost is $500 and you can find a Massachussets LLC annual report form online.  

Get a LLC Operating Agreement for Your Massachusetts LLC

Although Massachusetts does not require it, it is highly recommended that you draft and maintain an operating agreement. You can create an operating agreement that you can easily customize for your business structure. Your agreement will set forth how business decisions are made, how meetings are called, how the LLC can be amended, how income is distributed, how disputes resolved, voting rights, and any other rights and obligations.

Your Rocket Lawyer form will also ensure that your business complies with all state laws and is operated as a LLC to avoid a court determination that your LLC's activities are not in default of state rules, or your personal liability may no longer be protected.

So, good luck with your new LLC. Having the right information and the necessary forms tailored to your new business will give you credibility and smooth your way to a business revolution of your own, but without the drama.

Create you LLC today.

Get started Start Your Massachusetts LLC Answer some questions. We’ll take care of the rest.

Get started Start Your Massachusetts LLC Answer some questions. We’ll take care of the rest.