On this page, you’ll learn about the following:
Idaho Registered Agent Requirements
There are certain requirements to fill the role of an Idaho registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in Idaho, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource an Idaho registered agent service.
You can elect your registered agent online through the Idaho Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in Idaho.
Can I be my own registered agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries.
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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider when Choosing a Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.
Idaho Business Laws for Registered Agents to Note
The state of Idaho, like other states, protects consumers and businesses with legislation. In this section, you’ll find the laws that may influence your Idaho LLC and your target market.
- Idaho Antitrust Laws: Monopolies and conspiracies are illegal in Idaho, where acquisitions that would “substantially lessen competition” may also be blocked. While the attorney general enforces this law, private individuals and entities may file lawsuits regarding said activities.
- Idaho Deceptive Trade Practices Laws: The Idaho Consumer Protection Act forbids false advertising or misrepresenting facts concerning products or services. Tampering of the auto odometer is similarly illegal. The act also prohibits the following:
- Passing off goods or services as made by another.
- Using deceptive measures to create confusion about product origin.
- Selling used or damaged products as new or unblemished.
- Disparaging goods, services, or business of another using a false or misleading representation of fact.
- Advertising goods or services with the intent not to provide supply for reasonably expectable demand, unless there has been a prior disclosure of supply limitation.
Private individuals, as well as the state, may bring suit for violations.
- Idaho Interest Rates Laws: In Idaho, interest rates are limited to 12%, but credit cards and other debt products from other states may impose higher rates. This 12% limit applies to money:
- Due by express contract
- After the same becomes due
- Received to the use of another but retained beyond reasonable time with no consent form
- Owner express or implied
- Due on settlement of mutual accounts from date the balance is confirmed
- Due upon open accounts after 3 months from the date
- Idaho Pyramid and Ponzi Schemes Laws: Pyramid and Ponzi schemes are fraudulent scams and are hence illegal in Idaho. Common examples of the pyramid and Ponzi schemes are as follows:
- Mail Fraud
- Securities Fraud
- Real Estate Fraud
- Commodities Fraud
- Wire Fraud
- Lottery Fraud
In detail, it is illegal to establish, operate, advertise, promote, offer, or grant participation in any pyramid promotional scheme or any plan or operation where participants pay for the right to receive compensation derived mostly from the recruitment of other participants.
“Referral selling” is also illegal in Idaho. Somewhat like a pyramid scheme, the referral selling only differs as in this one participant only provides the names of prospective participants.
How to Remove a Registered Agent for LLC in Idaho
In Idaho, an LLC is required to have a registered agent. A registered agent can receive legal documents for your business. You must make sure that your registered agent has a system for getting such documents to you. If your company is just a small one, your home address may not be sufficient. So, you need to find a way to handle the situation. You can remove your registered agency at any time.
In order to file for an LLC in Idaho, you need to appoint a registered agent. This is a person or company who will receive and process legal documents for your business, in case you are sued. In addition to having an address in Idaho, you must pay a fee to become a registered agent. The fee is $120 online, $120 by mail, or $100 in person. Failure to pay the filing fee can result in your filing being deleted.
Once you have a registered agent, you will need to decide how to remove them. You can do so by contacting the Idaho Department of State. You should be able to get a new registered agent by contacting the Department of Business and Enterprise Services. The process is free and easy, but it can take months and cause headaches. To avoid these problems, you should pick a name for your business that you’ll enjoy.
All corporations and limited liability companies doing business in Idaho are required by state law to appoint an Idaho registered agent. Idaho registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.