Forming an Idaho limited liability company
The actual steps you take to form an Idaho limited liability company are pretty simple. To get some help with the forms and filing them, check out the instructions below. If you’d like a kit that breaks down some of the pros and cons of choosing an LLC, sample forms like operating agreements, as well as instructions on how to get your EIN for banking and tax purposes, you should click the button to purchase our Idaho guide for $37.95.
1. Check if the LLC name you want is available
Your first step in setting up an LLC is to check if the name you want to use is even available. To do this, you can use the Idaho Secretary of State’s business entity search form at:
http://www.accessidaho.org/public/sos/corp/search.html?SearchFormstep=crit
By entering the name you want to use in the search form, you’ll be able to see if there’s another business already using the name that you want. You can’t use a name, by the way, that’s the same or deceptively similar to another existing LLC’s name.
For a fee of $20 you can reserve a name. Simply fill out and submit the form found at the URL listed below:
http://www.sos.idaho.gov/CORP/FORMS/name_reservation.pdf
2. Download the LLC application form from the Idaho Secretary of State’s web site, and then print this form
You must complete and submit the LLC form in duplicate. The URL, or web page address, for this form is as shown below.
http://www.sos.idaho.gov/CORP/FORMS/cert_org_llc.pdf
Note: You can also work with an online version of this form (see Figure 1), which is also available at the Secretary of State’s web site at:
http://www.sos.idaho.gov/corp/acro4/cert_org_llc.pdf
The online form looks the same as the paper form; however, you can enter your information electronically onto the online form, and then print and mail it to the Secretary of State.
3. Identify the name you want to use for your new LLC
After you download and print the LLC application form, you’re ready to fill the form out.
Enter your business or investment name onto the line labeled, “Name of Limited-Liability Company.” The name must include one of the phrases or acronyms, “Limited Liability Company,” “Limited Liability Co.,” “LLC,” or “L.L.C.” For example, all of the following names should be acceptable:
- Acme Explosives Limited Liability Company
- Acme Explosives Limited Liability Co.
- Acme Explosives LLC
- Acme Explosives L.L.C.
4. Identify the registered agent
Idaho wants to know the name and contact information for a real person within the state of Idaho whom can act as the contact person should the state have questions or concerns about an LLC’s operation. You can pay someone else to be this registered agent, but it’s really easiest and cheapest to just be your own registered agent.
Accordingly, enter your name and address information on the lines labeled “Street Address of Registered Office,” and “Name of Registered Agent.”
5. Identify the people forming the LLC
Idaho also wants to know the names and contact information for the person or people organizing the LLC. To provide this information, enter the names and addresses of the organizer or organizers on the lines labeled, “Names Addresses, of Manager(s) or Members.”
6. Give the correspondence address
In the next line, list the address you would like correspondence and annual report forms sent to. Normally this is the address of the LLC.
7. Indicate the effective date of filing.
LLCs can be started immediately, in which case you leave this part blank. Or LLCs can be started up to 90 days after submission of this application, in which case you fill-in the effective date here.
8. Sign the form
After printing out the application form, it must be signed by a manager or member.
9. (Optional) Provide phone number.
Page 2 of the online form allows you to put in a phone number in case the state has any questions. I recommend you provide the number, just in-case.
If you are interested, the downloadable kit shows an example, completed Idaho state LLC application.
10. Mail in the LLC application
After you complete the application to form a limited liability company, mail the completed form and a check to:
Office of the Secretary of State
450 N. 4th Street
P.O. Box 83720
Boise, ID 83720-0080
Processing lead times vary, but in general, it takes several weeks to get your LLC certificate back from the Secretary of State’s office. Fees also vary. If your application is typed with no attachments the fee is $100. If the application is not typed and/or has attachments the fee is $120. If you require expedited service add an additional $20 to your application fee.
