One can file for either a domestic or foreign limited liability company in the state of Idaho using the PDF files provided on the government website. The filing fees are identical at $100, with an additional $20 needed for expedited filing, and should be attached along with all necessary documents before being sent to the office of the Secretary of State. Foreign companies will need to provide a certificate of status or existence from the region of original formation to prove legitimacy before being able to conduct their business within Idaho. Unfortunately there is no online filing option on the SOS website and paper filing will be necessary across the board.
How to File
Step 1- Regardless of whether you’re registering a domestic or foreign LLC, you will need to operate under a name which is completely unique to your company and not already registered by another business in Idaho. To ensure that this is the case, you will need to perform a Business Entity Search. In the event that your name has already been taken, foreign businesses can decide upon a fictitious name to use in its place. You may also find it useful to perform a Name Reservation which will prevent other businesses from being able to use your name for a period of up to 4 months before you file.
Step 2- The next step will be to download the PDF application and submit the requisite filing information. Click on the link below that is associated with your entity type to learn more about the exact filing requirements.
Step 3- Complete either document in duplicate and attach with it the appropriate filing fee ($100). Remember, that if you are a foreign entity, you will need to also attach the certificate of existence authenticated by the SOS or similar authority from your original state/country. Send all items to the below address and await correspondence which will usually take anywhere from a week to 10 days to arrive.
Office of the Secretary of State
450 N 4th Street, PO Box 83720
Boise ID 83720
EIN– The Employer Identification Number is used by Internal Revenue Service for tax reporting purposes and can be applied for Online or through the mail with the Form SS-4. All those who have just finished filing with the Secretary of State may need to seek out the acquisition of an EIN as it is required to perform certain business tasks. Without an EIN, you will not be able to conduct a number of financial transactions such as applying for credit cards, registering for loans or opening bank accounts in the LLC’s name.
Operating Agreement– This document is not required by law in the state of Idaho and it will not be filed with the Secretary of State office. However, it should be drafted by the managing members of your LLC to establish and solidify the rules under which the company shall operate. The operating agreement also provides all information pertaining to the relations between members of the LLC and the LLC itself. In the link attached to this paragraph you will find a free agreement template (MS Word and Adobe PDF) and more information on why you should incorporate one into your business structure.
Renewal– LLCs wishing to continue to do business in Idaho will need to file with the Secretary of State, an annual report notice, which will provide an update on the company’s financial performance and business activities. A reminder will be sent in the mail in the form of a postcard which will contain the login credentials for online filing and the filing’s due date. Those failing to renew after a certain period of time will be dissolved or forfeited and will need to apply for reinstatement.