As you get ready to launch your new LLC in Idaho, you must dot every I and cross every T. One of the most important documents during this process is the Articles of Organization (Certificate of Organization in Idaho), which outlines how you plan to organize your company and everyone in it. One of those people is the registered agent, and it’s a requirement for all Idaho LLCs (and corporations) to have one listed in the document.
For the uninitiated, a registered agent is a person or entity who receives and forwards official documents on behalf of a company. These documents can be everything from service notices (i.e., if you get sued), official correspondence with the state, tax forms, and much more. Because these papers are critical and often time-sensitive, each business must have a registered agent who can receive them during regular business hours.
While this position may seem pretty simple, appointing and maintaining a registered agent is a multi-step process. To help you stay compliant with the state, here’s everything you need to know about appointing an Idaho registered agent for your LLC.
Idaho broadly breaks registered agents into two categories: individuals and organizations. However, organizations are further classified by whether they are commercial or non-commercial. Here’s a quick breakdown of all three types of registered agents you can use in Idaho:
Regardless of the type of agent you use, they must have a permanent address in Idaho (no P.O. boxes), and if you’re using an individual, they must be 18 or older.
You must appoint a registered agent to set up your LLC when filing your Certificate of Organization. Line three of the form requires you to fill out the agent’s name and full address. If you’re using a commercial agent, you only need their name. If you’re using a non-commercial agent, you must also report their position within the organization.
For example, if you’re using a notary or lawyer’s office as your registered agent, you’ll have to list the person in charge of receiving your notifications and their position within the office.
There are two ways to file your Certificate of Organization.
First, you can mail or drop off a hard copy (with a typed form, not handwritten) to the Secretary of State’s office at:
Office of the Secretary of State
450 N 4th Street
PO Box 83720
Boise ID 83720-0080
If you submit a hard copy, you’ll have to pay an additional $20 for manual processing. The application costs $100, so the total would be $120, which must also be submitted with the form.
Alternatively, you can submit electronically through the Idaho SOSBiz Portal. In this case, you must create an account, but then you can submit all business filings online and avoid any manual processing fees. It also takes less time to receive approval from the Secretary of State.
You cannot fax or email your form; only hard copies or digital copies through the SOSBiz portal.
Also, note that Idaho separates “professional LLCs” from standard LLCs, so there is a separate form to fill out. “Professional” entities only include the following:
So, if your business falls into one of these categories, you’ll use the Certificate of Organization Professional Limited Liability Company form instead. The fees are the same, though.
The registered agent you submit with your Certificate of Organization may change for several reasons. For example, if you’re using a commercial entity, your original agent may leave the company and get replaced by someone else. Another reason may be that your individual registered agent is moving out of state and cannot satisfy the requirements.
Fortunately, changing your registered agent is a quick and simple process, especially if you have already set up an SOSBiz account. You must fill out the Statement of Change of Registered Agent, Registered Office, or Both form and list the new registered agent.
In this case, though, the new registered agent must sign the document, which acts as proof of their consent to the position. So, keep that in mind, as you’ll need to upload a signed copy or get a digital signature before submitting the form to the Secretary of State.
If you file online, there’s no charge to change your registered agent. If you mail or deliver a hard copy, you’ll still have to pay a $20 manual processing fee.
In Idaho, you can update your LLC Certificate of Organization by filling out a Restatement of Certificate of Organization form. This form comes in handy if you’re making sweeping changes to your business, such as adding or removing members or managers of the company.
If you’re also changing your registered agent during this process, you can list the new agent on the Restatement form rather than submitting two sets of paperwork. This form also requires a signature from the new registered agent.
The Restatement form costs $30 to file online and $50 to file manually.
Yes, if you live in Idaho or have a permanent address where you can be available during regular business hours, you can act as your own registered agent. If you’re trying to save money, you may think that this is the simplest and most cost-effective solution. However, there are some downsides to acting as your own registered agent, such as:
Overall, acting as your own registered agent usually makes sense if you’re a single-member LLC with one address. Otherwise, if you’re running a business with multiple addresses or locations, it’s often better to rely on a third party.
You have plenty of details to worry about with your business. Let a registered agent service handle the stress of time-sensitive paperwork, tax forms, and legal documents. Not only do you not have to worry about missing one of these letters by accident, but you’ll also get notified as soon as something comes in, so you won’t forget about a letter, either.
Not only do you need a registered agent when forming your LLC, but you must also ensure the information remains up to date when filing your annual report. If you forget to update the Secretary of State of any changes, you could put your business in jeopardy. Commercial registered agent services always stay compliant, so you never have that problem.
Running a business requires a lot of hard work and flexibility. Registered agents must be available at the listed address during regular business hours. If you travel a lot or manage multiple locations, that’s not feasible. So, using a commercial service means you can run your company however you want without being tied to a specific address.
While registered agents are required to receive and forward any official correspondence on your behalf, most commercial entities will also manage your paperwork and filings, so you don’t have to. This way, you can focus on other aspects of your business, such as operations, marketing, or customer service.
Starting a business in Idaho can be exciting, but it also comes with a lot of responsibility. Rather than shouldering it all yourself, it makes sense to appoint a third-party registered agent service to give you peace of mind.
If you don’t list a registered agent on your Certificate of Organization form, your business won’t be approved by the Secretary of State. Similarly, if you fail to maintain a valid registered agent for your business, the SOS may decide to dissolve your company or incur steep fines until you become compliant.
No, you can only have one registered agent with one official address in Idaho. Even if you operate in multiple states and have a different agent in each state, you cannot have multiple agents in the same state.
Yes, if your company is based in another state and you want to do business in Idaho, you’ll complete a foreign registration statement form. On this form, you must list a registered agent based in Idaho with a permanent address that is not a P.O. box.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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