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Idaho Registered Agent: LLC Options & Requirements

Forming an LLC in Idaho is a big decision. Before filing the Certificate of Organization, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.

 

What is an Idaho Registered Agent & is it Necessary?

Yes, a registered agent is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state of Idaho.

In short, the registered agent assumes statutory responsibilities. He/she must agree to receive and deliver any official communications such as tax or legal documents from the state of Idaho to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.

Here’s what the Idaho Office of the Secretary of State specifically says:

Idaho Office of the Secretary of State

If an LLC does not assign or maintain a registered agent, the LLC risks falling from good standing with the state.

 

What are the Requirements of a Registered Agent?

Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:

  • The agent must be an individual resident of the state of Idaho or a corporation authorized for business in Idaho.
  • The agent must have a physical address in Idaho.
  • The agent must have a mailing address in Idaho.
  • An LLC cannot act as its own registered agent in Idaho. However, you can act as your LLC’s registered agent.

For reference, here is a screenshot of what information is required on the Idaho Certificate of Organization.

Idaho Certificate of Organization

 

Who can be a Registered Agent in Idaho?

The Idaho registered agent can be either an individual or a professional service. Here are the pros and cons of each option.

Individual

As mentioned above, if using an individual as your registered agent, the individual must be a resident of Idaho.

This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.

Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Certificate of Organization. Note that if the office of the Secretary of State verifies that the address listed is a UPS store, PMB, or PO Box, the LLC is subject to dissolution.

Pros

  • Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
  • Cost – The cost will likely be much lower than using a service, perhaps even free.

Cons

  • Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
  • Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.

 

Registered Agent Service

If a service is acting as registered agent, it’s name and address must be included on the Certificate of Organization.

Pros

  • Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
  • Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
  • Location – An LLC is not required to maintain a physical presence in the state of Idaho. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.

Cons

  • Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
  • Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!

Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.

 

How to get a Free Registered Agent

The most cost effective way to get a free registered agent in Idaho is to use a professional LLC service that also offers a free registered agent service.

How it Works

Simply hire a service like IncFile and Northwest Registered Agent to form an Idaho LLC. As part of their package, they’ll include a free registered agent service and list their address on the Certificate of Organization instead of yours.

All you pay for is the $100 Idaho state LLC formation fee + $49 or $79 service fee.

This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Idaho.

 

How to Change Your Idaho Registered Agent

Need to change your current agent? You’ve got a couple of options. You can change your Idaho registered agent by filing a “Statement of Change of Registered Agent, Registered Office, or Both,” or by updating your annual report.

Let’s tackle the paper form first. While its title lacks brevity, its content doesn’t. All you need to provide is your LLC name, the name and address of your old agent, the name and address of your new agent, and a signature of consent.

When you’re done, you can mail your form to:

Secretary of State

450 N 4th Street

PO Box 83720

Boise ID 83720-0080

Or, fax it to (208) 334-2080

If you live in or near Boise, the Secretary of State’s office also accepts hand-delivered forms at:

450 N. 4th Street

Boise, ID 83702

While there is no fee to change your registered agent, there is a $20 handling fee for all non-electronic forms. So, if you’re filing by mail, fax, or in person you’ll also need to send a check, payable to “Idaho Secretary of State.”

Considering the fact that online filing is free and paper filing costs $20, online is probably the better route. You can do this through the SOSBiz site. Create an account, then under “Business Services,” click “Update Registered Agent,” and you’ll be done in no time.

As an Idaho LLC, you’re required to file an annual report between January 1 and June 30 each year. If your need for a new registered agent falls into this window, you can simply update the agent information on your annual report. Since you’ll be filing the annual report anyway, this will cut down your paperwork. You can use the SOSBiz site for annual reports too; the fee is $25.

Updating your Certificate of Organization is not a viable way to change your registered agent in Idaho. You must use the designated form or annual report.

If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.

Submit your form? Pay your fee? You’re good to go. Typical processing time for the Idaho Secretary of State is 7-10 business days, so you’ll see your change on record within two weeks.

 

Have Questions or Concerns?

If you’d like to talk to the state directly about your questions or concerns, it’s easy!

Visit Their Website

Visit the Idaho Secretary of State website for more information about registered agents in the state of Idaho. They have a great FAQ regarding registered agent requirements and much more you should be aware about.

Give Them a Call

If you’d prefer to call, reach out to their Boise office at (208) 334-2301.