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Maine Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Contracts for Maine on
Q: What filings are needed to sell my LLC interest in Maine and remove my name from ownership?

I am selling my part of a multi-member LLC to another person in Maine. We have drafted a buy-sell agreement for the transaction, but it has not been reviewed by an attorney. All members of the LLC have agreed to the sale. Since this is my first time handling such a transaction, I would like to know... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 23, 2025

The paperwork for change in the membership in the LLC is kept with the LLC, and not filed with the state. The LLC will need to file an Annual Report with the Maine Secretary of State by June, and that should reflect the change in the membership.

As part of the buyout, you will sign a...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Maine on
Q: Do I pay taxes on selling LLC share for less than invested?

I sold my share in a multi-member LLC business in Maine, which I started with an investment of $7,500. I sold my part for less than $5,000, and I owned the business for less than 2 years. I didn't receive any other compensation or benefits, and there were no outstanding debts or liabilities... View More

Elliott R. Teel
Elliott R. Teel
answered on Mar 2, 2025

You should discuss this with an accountant because there may be other information needed to answer. But it sounds like you would want to include it as a loss on your tax return.

2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Q: Do I have to give a customer back money on an overpaid check. (Private sale)

A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?

Fred Bopp III
Fred Bopp III
answered on Apr 14, 2019

I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... View More

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