Do I need a lawyer to Form a LLC in Idaho? |
|
The short answer is no.
The state of Idaho does not legally require a lawyer to form an
Idaho Limited Liability Company (LLC).
more...
|
less...
The short answer is no.
The state of Idaho does not legally require a lawyer to form an
Idaho Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming an Idaho LLC.
However, if there is anything about Forming a LLC in Idaho
that you're not sure about you should seek the advice of a competent Idaho lawyer, an Idaho accountant,
or an Idaho Business advisor before you form a LLC in Idaho.
Once you have made the decision to Form a LLC in Idaho, an Idaho lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Idaho Limited Liability Company.
|
Do I have to Reserve a Company Name before I Form a LLC in Idaho?
|
|
You are not legally required to reserve a Company Name for a new Idaho LLC before you submit your application to
Form a LLC in Idaho.
more...
|
less...
You are not legally required to reserve a Company Name for a new Idaho LLC before you submit your application to Form a LLC in
Idaho.
Whether or not you need to reserve a company name for your new Idaho LLC depends entirely on your business situation.
The Idaho Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Idaho Company Name.
Click here for more information on
Idaho Company Name Reservation
|
What if the Idaho LLC Name I want is already taken?
|
If the Name you have chosen for your new Idaho LLC is already in use by a currently active
Idaho Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Idaho Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In Idaho a DBA Name is called a Assumed Business Name.
We verify that the Name you have chose for your new Idaho LLC is available before we submit
your new LLC filing to the Idaho Secretary of State.
If necessary we can register a Assumed Business Name in Idaho for you so that you can open your new Idaho business as quickly as possible.
|
What do I have to do to Form a LLC in Idaho?
|
|
6 things you have to do in order to Form a LLC in Idaho.
more...
|
less...
|
6 things you have to do in order to Form a LLC in Idaho.
1. Choose a name for your Idaho LLC
2. Select an official address and a Registered Agent for your Idaho LLC
3. Determine who will be Members and who will Manage your Idaho LLC
4. Determine how you want your Idaho LLC to be taxed
5. File Articles of Organization with the Idaho Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
|
|
1. Choose a name for your Idaho LLC
|
Your Idaho LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Idaho LLC name that you choose must be distinguishable from the name of any other registered Idaho LLC or other
registered Idaho business entity, such as a Idaho Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Idaho.
Your Idaho LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Idaho LLC name must not be a name that is likely to mislead the public.
The name of an Idaho LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Idaho LLC because if you want to change it after you
Form a LLC in Idaho you
will have to file amended Articles of Organization with the Idaho Secretary of State (and pay a fee).
We will:
- Check to make sure that your Idaho LLC name is available
- Make sure your Idaho LLC name conforms to state of Idaho regulations
- Reserve your Idaho LLC name with the Idaho Secretary of State
|
|
2. Select an official address and a Registered Agent for your Idaho LLC
|
Every Idaho LLC must have an address that is physically located in the state of Idaho.
This address is "registered" with the Idaho Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Idaho to receive all correspondence on behalf of the Idaho
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Idaho LLCs hire a Registered Agent because they don't have a physical
address within the state of Idaho or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Idaho LLC.
|
|
3. Determine who will be Members and who will Manage your Idaho LLC
|
The owners of an Idaho LLC are called Members - not Partners or Shareholders.
(a Idaho Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Idaho LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Idaho LLC must have at least one Member.
Members need not live in the state of Idaho or be citizens of the United States.
Managers are responsible for the day to day operation of the Idaho LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Idaho LLC.
Management for your Idaho LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
|
|
4. Determine how you want your Idaho LLC to be taxed
|
The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Idaho LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Idaho LLC is created.
If a single Member Idaho LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Idaho LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Idaho LLC and include it with
your LLC formation documents.
|
|
5. File Articles of Organization with the Idaho Secretary of State
|
An Idaho Limited Liability Company is a type of business that is authorized by the state of Idaho - not by the federal government.
In order to form a LLC in Idaho you must file Articles of Organization with the Idaho Secretary of State.
The Articles of Organization must include certain specific information about your Idaho LLC.
If the Articles do not conform exactly to state of Idaho requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Idaho LLC but you will have to pay a fee to the state of
Idaho in order to make the changes official.
- We can prepare and file your Articles of Organization with the Idaho Secretary of State.
We've been doing it for over 10 years.
|
|
6. Get a Federal Employer Identification Number (FEIN)
|
A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Idaho LLC.
All Idaho LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Idaho LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Idaho LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Idaho LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Idaho LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Idaho LLC as soon as it is approved by the Idaho Secretary of State.
|
less...
|
|
What do I have to do after I form my Idaho LLC? |
|
5 things you have to do after you Form a LLC in Idaho.
more...
|
less...
|
5 things you have to do after you Form a LLC in Idaho.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Idaho for your ID LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Idaho LLC reports
5. Keep proper records of your Idaho LLC on file
|
|
1. Conduct an Organizational Meeting and adopt an Operating Agreement
|
An Operating Agreement defines the rules by which your Idaho LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Idaho LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for an Idaho LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
|
- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
|
Although an Operating Agreement is not required in the state of Idaho, if you plan to form a multiple Member Idaho LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Idaho LLC grows over time, you may amend your Operating Agreement as necessary.
When your Idaho LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Idaho.
|
|
2. Open a Business Bank Account in Idaho
|
It's very important that you have a separate business bank account for your Idaho LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Idaho Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Idaho LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
|
|
3. Obtain Business Licenses from the cities and counties in which you plan to do business
|
Note that forming an Idaho LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Idaho LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Idaho LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Idaho LLC vary depending on your business activities
and the specific locations within the state of Idaho in which you want to conduct business.
If your Idaho LLC will be selling products in Idaho you may be required to obtain a Reseller's Permit from the appropriate
Idaho state agency.
If your Idaho LLC will be selling products in Idaho you will also be responsible for all applicable local and state of Idaho
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Idaho LLC package.
|
|
4. File the required Idaho LLC reports
|
Each Idaho LLC must file a with the Idaho Secretary of State.
The Idaho includes basic information about your Idaho LLC.
Failure to submit a properly completed Idaho to the Idaho Secretary of State on or before the
due date may subject the Idaho LLC to being administratively dissolved in the state of Idaho or having its authority to
transact business in the state of Idaho revoked by the Idaho Secretary of State.
Penalties may accrue if you fail to file any Idaho LLC to the Idaho Secretary of State
by the due date.
|
|
5. Keep proper records of your Idaho LLC on file
|
Keep the following records on file and available at the principal business office of your Idaho LLC:
- Names and addresses of all Members and Managers of the Idaho LLC
- Articles of Organization for the Idaho LLC and any Amendments to them
- Copies of all tax returns and reports for the Idaho LLC for the last 3 years
- If the Idaho LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Idaho LLC
|
less...
|
|
What information do I need in order to Form a LLC in Idaho? |
In order to Form a LLC in Idaho you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Idaho LLC's Registered Agent.
more...
|
less...
In order to Form a LLC in Idaho you'll need the following information about your new Company:
- The name of your new Idaho LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Idaho (not a PO Box)
- Name and address of your Idaho Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Idaho LLC
- Names and addresses of each Manager of your Idaho LLC
- When your Idaho LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
Idaho LLC in the Articles of Organization.
While you are not required to name the Members of a new Idaho LLC you still may include Member information with your initial
Idaho LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Idaho becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Idaho.
|
How long does it take to Form a LLC in Idaho? |
|
Processing times for new Idaho LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Idaho Articles of Organization takes the state around 5-7 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Idaho LLC.
|
|
PLEASE NOTE: WE CANNOT GUARANTEE IDAHO SECRETARY OF STATE PROCESSING TIMES.
|
We are dependent on, and have no control over, the staff and systems of the Idaho Secretary of State.
In our experience 5-7 business days is the time it usually takes the Idaho Secretary of State to process
a new Idaho LLC application.
We get your Idaho LLC application to the ID Secretary of State ASAP. Once it is at the state we have no control over the new Idaho LLC application process.
|
|
Are there any Expedited Processing Options for new ID LLC Filings?
|
|
For an additional $20 the Idaho Secretary of State will process your filing for a new Idaho LLC in one day.
|
|
How much does it cost to Form a LLC in Idaho? |
The state of Idaho charges $116.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the ID Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Idaho, our processing fees are $125.00.
We start processing your new Idaho LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Idaho Secretary of State
- Certified Copies of Articles
- Idaho LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
|
Idaho Foreign LLC Qualification |
|
You want to do business in the state of Idaho but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Idaho you must register with the Idaho Secretary of State as
an Idaho Foreign LLC. more...
|
less...
You want to do business in the state of Idaho but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Idaho you must register with the Idaho Secretary of State as
an Idaho Foreign LLC.
The process of registering as a Foreign LLC in the state of Idaho is called Idaho LLC Foreign Qualification.
The process of Idaho LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Idaho.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Idaho Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Idaho Foreign LLC.
Click here for specific requirements for
Idaho LLC Foreign Qualification.
|