Do I file my Maine operating agreement with the state?
No. The operating agreement is a private, internal document that you keep with your company records. Only the Certificate of Formation is filed with the Maine Secretary of State to create the LLC.
Quick facts
- What it is
- The internal governing contract among an LLC's members
- Filed with the state?
- No - Maine does not require or accept it for filing
- Governing law
- Maine Limited Liability Company Act, Title 31
- Required by law?
- Not mandatory, but strongly recommended - even for one member
- Overrides
- The statute's default rules where the Act allows
- Single-member LLCs
- Should have one too, to reinforce the liability shield
The same question in every other state
This requirement is set at state level, so the answer changes when you cross a state line. Below is how 17 other states answer the same question, each linked to the page that cites the agency it came from. The full breakdown is on How to Form an LLC.
| State | Answer |
|---|---|
| Arizona | No. The operating agreement is an internal document kept with your business records. |
| Arkansas | No, an Arkansas LLC operating agreement is an internal document and is not filed with the Arkansas Secretary of State or any other state agency. It should be kept with the LLC's records. |
| Colorado | No. The operating agreement is an internal document that you keep with your business records. |
| Connecticut | No. You file only the Certificate of Organization ($120) with the Connecticut Secretary of the State to create the LLC. |
| Iowa | No. The operating agreement is an internal document kept with your company records. |
| Maryland | No. An operating agreement is an internal document kept in your company records. |
| Minnesota | No. The operating agreement is an internal document kept with your business records. |
| Missouri | No. The operating agreement is an internal document you keep with your business records. |
| Montana | No. The operating agreement is an internal document. |
| New Hampshire | No. The operating agreement is an internal document. |
| Ohio | No. The operating agreement is an internal document kept with your company records. |
| Oklahoma | No. The operating agreement is an internal document kept with your business records. |
| Pennsylvania | No. The operating agreement is a private, internal contract among the members. |
| Utah | No. You file only the Certificate of Organization ($59) with the Utah Division of Corporations & Commercial Code to create the LLC. |
| Virginia | No. An operating agreement is an internal document. |
| Washington | No. The operating agreement is an internal document kept in your company records. |
| Wisconsin | No. The operating agreement is an internal document you keep with your business records. |
Full context for Maine
This page answers one question. The complete Maine guide -- covering the surrounding requirements, the forms, the agency, and what happens if you get it wrong -- is at Maine LLC Operating Agreement (2026).
Sources
- https://www.maine.gov/sos/cec/corp/
- https://legislature.maine.gov/statutes/31/title31ch21sec0.html
- https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc
- https://www.law.cornell.edu/wex/limited_liability_company_(llc)
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