If you’re forming a limited liability company or corporation in the state of Idaho, you’ll need to designate a registered agent.
A registered agent is the individual or business entity that receives legal documents from the state, and then forwards them to your business address. But why is this a requirement, and who should you designate as your registered agent in Idaho?
In this guide, we will break down all the details you need to know about Idaho registered agents.
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What is an Idaho Registered Agent?
One of the most common questions we receive from entrepreneurs in Idaho is why a registered agent is required to form an LLC or corporation. While it might seem like an unnecessary middle-man type of role, the registered agent fills a vital role.
The registered agent’s job is to provide a reliable way for the state to contact an official representative of your business at any time, which is especially important if your business is ever sued. If you didn’t have a registered agent, a lawsuit could progress through the courts without you even knowing about it, which is obviously far from ideal.
While Idaho does not provide a recommended list of registered agent services, we reviewed the top options and compiled a list of the best Idaho registered agent services based on price and overall value.Who Can Be an Idaho Registered Agent?
According to the requirements for registered agents dictated by the Idaho Secretary of State, your registered agent must be either a commercial registered agent that you’ve hired or an individual who is a resident of Idaho with a physical street address rather than a P.O. box. It should be noted that if the Secretary of State Office is notified that the registered agent’s address is a PO box, UPS store or personal mailbox, the business entity is subject to being dissolved.
Aside from the legal requirements, an important aspect to discuss is who should be your registered agent. You have the right to declare yourself as your own registered agent, which has its pros and cons.
On the positive side, you can save some money by not paying anyone to serve as your agent, but you’ll also likely need to make your home address a matter of public record, which is not ideal. Additionally, you’ll need to be physically present at your business during all standard operating hours (9-5, M-F).
Some entrepreneurs like to have a friend or family member serve as their registered agent, but if that person doesn’t have experience in this position, they might not know what is expected of them. In addition, designating your lawyer or accountant as a registered agent can work, but these options are usually quite expensive.
Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled by any of these other options.
How Do Idaho Residents Get Served?
The most important part of a registered agent’s role is being served a summons.
In Idaho, before a summons can be served a lawsuit must be started. To do so, the plaintiff must file a complaint with the clerk’s office. The complaint is a document that outlines the plaintiff’s claims and includes a demand; individual courts may have distinct complaint forms. Next, after a filing fee (as dictated by the deputy clerk) is collected, then the court can issue a summons.
If these steps are all taken correctly, the state of Idaho will permit a sheriff’s deputy or certified process server to serve a summons to the defendant’s registered agent.
How to Designate an Idaho Registered Agent
The answer to this question depends on what type of business you’re starting, but with either a corporation or an LLC, you’ll need to designate your registered agent when you form your company.
When forming an LLC, you’ll need to designate your registered agent when you fill out the Certificate of Organization for Limited Liability Company. When forming a corporation, you’ll designate your registered agent in the Articles of Incorporation. Both of these documents may be filled using the Idaho Secretary of State’s online filing platform, SOSbiz.
How Can I Change My Idaho Registered Agent?
If you would like to change your registered agent for any reason, the process is pretty simple.
The only thing you must do is complete and submit the Statement of Change of Registered Agent, Registered Office, or Both which can be found here as a pdf file or submitted online using the Idaho Secretary of State’s digital filing platform, SOSbiz.
For extra help with submitting a Statement of Change of Registered Agent using SOSbiz, you can read through these detailed instructions on how to file an amendment online.
How Does an Idaho Registered Agent Resign?
Sometimes, a registered agent may have to resign from their position.
To step down from an appointment, a resigning registered agent must fill out the Statement of Resignation of Registered Agent and either mail or hand-deliver it to the office of the Secretary of State. There is no fee to resign, but there is a $20.00 manual processing fee for all non-electronic forms.
Why Should You Hire a Professional Idaho Registered Agent Service?
Hiring a professional registered agent is basically the best of both worlds between serving as your own agent, and designating a lawyer or accountant.
Privacy
The biggest benefit in our opinion is the privacy protection this allows, as you will be able to keep your personal address private. There’s also a major advantage compared to having an attorney or accountant serve as your agent, namely the fact that registered agent services are almost always much cheaper.
Professional Service
Another reason we like this option is that these companies specialize in providing quality registered agent service. They know exactly what’s expected of them, and there are rarely any issues to speak of.
Nationwide
The other major benefit of hiring a registered agent service is that most of them operate in all 50 states, so that if you ever want to expand your business into another state, you won’t need to hire an additional registered agent. Your same registered agent will be able to provide the coverage you need in your new state, while still providing the same service in Idaho. If you hired a lawyer or accountant, they would only be able to help you expand to a new state if they have another physical office in that state.
You Stay Compliant
Finally, most professional registered agents operating in Idaho offer some sort of compliance calendar. With this service, your registered agent helps you keep track of due dates for ongoing LLC maintenance requirements like annual reports, which is a valuable bonus.
The top registered agent service providers include some other appealing attributes, including access to their extensive customer support networks. Some of them include a full year of registered agent service with any business formation package, which can be a real money-saver. Another welcome attribute is that some registered agent services provide volume discounts if you require service in multiple states, or if you prepay for multiple years.
What Is the Penalty for Not Designating a Registered Agent in Idaho?
You need to have a registered agent to form your limited liability company or corporation in Idaho in the first place, but if you let your registered agent service lapse, there could be some serious consequences.
Failure to maintain a registered agent could lead to your business losing its good standing with the state of Idaho, and the state also has the right to officially dissolve your LLC if they choose to.
Another issue would be the difficulty of being served if your business is sued. If the state cannot get ahold of your registered agent, a court may decide to go ahead with the lawsuit without your knowledge, which could even lead to a judgment against you. This can happen not just if you fail to designate a registered agent, but also if your agent is not present during business hours to accept the document delivery.
Conclusion
As you can see, the task of designating a registered agent for your Idaho business isn’t quite as easy as just writing down your own name.
There are significant downsides to just about every option in our opinion, but we recommend hiring a professional registered agent service because that option has the fewest disadvantages. They charge affordable rates, and you never have to worry about losing your good standing, having your LLC or corporation dissolved, or having a lawsuit proceed in your absence.
If you have any further questions, you can contact the Idaho Secretary of State:
Idaho Secretary of State
Business Services
450 N. 4th Street
Boise, ID 83702
(208) 334-2301
business@sos.idaho.gov