Selecting the Massachusetts Corporation or LLC Name
As you set out to pick a name for your corporation filed in the state of Massachusetts, it should be remembered that the name will be unique and will identify you as a separate entity transacting business in the state. When naming your business, keep in mind that the name of a corporation must end with “Incorporated,” “Corporation,” “Corp” or “Inc.”. When developing a name for a limited liability company it must end with “Limited Liability Company” or “LLC”.
Since the name will be identifying your corporation or LLC as a unique entity, the name will not be accepted if it is likely to mislead or confuse the public or if it too closely resembles the name of another corporation or LLC formed in Massachuestts.
Do not use any type of punctuation such as underscores, dashes, periods or commas in name selection. It is to your advantage to try to name your corporation or LLC so that it identifies with the goods or services you provide, but this is not required.
Selecting a Board of Directors
A corporation can have several members serve as director but is only required to have one if there is only one shareholder in the company. If there is more than one shareholder, there must be a corresponding director for each shareholder up to a minimum of three. Since the board is responsible for managing the corporation, it is suggested that the board be comprised of individuals that are officers or shareholders who have some type of daily involvement with the corporation. Maryland has no minimum age requirements for a director.
Corporations are expected to file the Maryland Corporate Income Tax return, Form MD 500 or MD 510 annually, whether a “C” or “S” corporation. The amount of tax is dependent on a number of factors and there is no minimum tax.
An LLC within Massachusetts is required to file as either a corporation or a partnership dependent on the election made on the SS-4. Maryland maintains an individual income tax so employers are expected to withhold state income tax. Maryland maintains a sales and use tax ranging from 5% to 11%.
The registered agent must have a physical street address within Massachusetts state. PO boxes are not acceptable, within Massachusetts.