Individuals looking to register a business entity in the state of Idaho will be required to do so through the filing of the necessary forms with the Secretary of State. Unfortunately, the government website for this state has not yet supplied a method for online filing and PDF forms will need to be downloaded, completed and mailed to the office of the Secretary of State to be processed. The filing fee associated for all filings in Idaho is $100 with the exception of domestic non-profit corporations which will only be required to pay $30. Expedited filing, and non-typed documents will be charged an additional $20 on top of the initial fee. Explore the tutorials linked below to get a better understanding of what to expect going forward.
Start an Entity
Search for a Name
Regardless of your entity type, you will be required to operate under a name which is completely unique to your business. Therefore, it is essential that you perform a Business Entity Search before beginning the filing process to research the availability of your desired name or pre-existing company name. This step can be accomplished on the government website and we have provided an in-depth tutorial on this process within the link above. We recommend that this function be the first step you take when forming/registering your business.
How to Register in Idaho
Step 1- Before downloading the necessary paperwork, we recommend that filers perform a Business Entity Search to check the availability of their desired operating name. Foreign businesses will not be permitted to use their company name in Idaho if it is already registered by another business entity. If this is the case, they must transact their business under a fictitious name for the duration of operations in this state. Name Reservations can be performed to maintain the rights of a particular name for a period of up to 4 months prior to filing.
Step 2- Continue by downloading the necessary PDF application and begin supplying the requisite filing information. Click on the link below which corresponds with your business type to learn more about the exact filing requirements.
- Domestic Limited Partnership
- Domestic Limited Liability Partnership
- Domestic Limited Liability Limited Partnership
- Foreign Limited Partnership
- Foreign Limited Liability Partnership
- Foreign Limited Liability Limited Partnership
- General Partnership
Step 3- Once you’ve completed the necessary forms in duplicate, you will be required to write a check made payable to the Secretary of State for the filing fee of $100. The only exception to this amount will be those filing a non-profit corporation, in which case you will only need to provide $30 for you filing fee. If you’d like to expedite the process, or if you’d prefer not to type the application but instead write it by hand, an additional $20 will be added to the initial price.
Step 4- Place all necessary documents (if foreign this means a certificate of good standing from your original sate/country) into an envelope with the filing fee and mail it to the below address. The processing for all filings is usually between 7-10 days, after which correspondence should be received if the filing was accepted which will contain a stamped copy of the submitted form and the filing number for your company.
Office of the Secretary of State
450 N 4th Street, PO Box 83720
Boise ID 83720
Foreign entities will especially benefit from the use of the Name Reservation application found on the Secretary of State website. This process allows for business representatives to protect the rights to their company name within the state of Idaho for a period of up to 4 months. The filing fee associated with this procedure is $20 which should come in the form of a check made payable to the Secretary of State.
Certificate of Good Standing
The Certificate of Good Standing (often referred to as a certificate of existence or status) serves as proof of compliance to state code and also indicates that the company in question has properly filed all necessary annual reports. This type of certification is most commonly used by business entities that would like to expand their operations into jurisdictions outside of their own, or from those wishing to apply for loans who need proof of legitimacy. The certificate can be obtained online for $11.50 (printable PDF) or $12 (official copy sent to you in the mail).
Corporate bylaws, LLC operating agreements and partnership agreements all serve a very similar legal function; to delineate the rules and regulations under which the entity shall function. These agreements are internal documents and needn’t be filed with the Secretary of State. In fact, there is no law which dictates that any of these forms need to be drafted at all. However, it is highly recommended that you draft an agreement to clarify the manner in which your company is to manage and govern its affairs. Without this document, there is often no legal representation of the ownership of the company, the responsibilities of its authorized officers or the capital contributions and interests of its managing members.
Employer Identification Number
Many newly formed entities will be required to apply for an Employer Identification Number (or EIN) from the Internal Revenue Service upon acceptance of registration. This number will allow the IRS to recognize you as a legitimate, tax-paying business. Without an EIN, you will be unable to perform even the most simple financial procedures such as opening a checking or savings account under the company name. To learn more about the process of acquiring this identifier, use our tutorials on the PDF Application (SS-4) or the Online Registration.