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Idaho lets an LLC owner act as the agent. The Secretary of State's business resources page says you can be your own registered agent if you have an Idaho address, or you can pay a service. It also says an assumed business name cannot do the job. The Idaho Secretary of State, Business Services, does not endorse specific agents. The rules sit in Part 4 of the Idaho Uniform Business Organizations Code, Title 30, Chapter 21. Our Idaho LLC guide covers the rest of formation, and the Idaho business guide covers the search.
Which entities need an agent in Idaho?
Section 30-21-402 says a domestic filing entity must designate and maintain a registered agent in the state. Domestic LLPs and registered foreign entities must as well. Every Idaho LLC falls in the first group.
What does the record have to show?
Under section 30-21-403, the record gives a street address in Idaho, plus an Idaho mailing address if it differs.
Section 30-21-404 lists three ways to name the agent. The entity can name a commercial registered agent. Or it can give the name and address of a noncommercial agent, such as you. Or it can name the title of an office or position, with the address where papers go to whoever holds that office.
The third option lets a company point to a role rather than a person. A small LLC rarely needs it.
Is the agent's consent filed?
No separate form. Naming an agent is an affirmation of fact by the entity that the agent has consented to serve. If you name yourself, that is easy. If you name a friend or relative, ask first and keep a note.
How do I change the agent?
Use a statement of change. Section 30-21-407 says the entity files it with the Secretary of State, signed by the entity, stating its name and the new information. A statement naming a new agent again affirms that the agent consented. The owners do not have to vote on it.
The state fee for the change is not in the pages we read, so check the fee shown in SOSBiz when you file. An entity may alternatively amend its latest registered agent filing.
What if the agent quits or has no address?
A commercial agent that stops offering the service files a termination statement. It takes effect on the 31st day, and the agent then stops acting for its clients (section 30-21-406). Until a new agent is named, service of process can be made on the entity another way. That is why you should not wait for the 31 days to run out.
The sharper rule is in section 30-21-601. The Secretary of State may start administrative dissolution when an entity does not have a registered agent in Idaho for 60 consecutive days. It can also start when the entity fails to report a change or resignation of its agent within 60 days.
Can I see who the state lists as an agent?
Section 30-21-404 tells the Secretary of State to make a daily list of filings that name a registered agent. The list is alphabetical by agent, states the type of filing and the entity, and stays available for at least 14 days. That is a state duty, so check SOSBiz for how it is offered today.
A person can also become listed as a commercial registered agent by filing a listing statement (section 30-21-405). The Secretary of State then notes that listing against each entity the person already represented.
Should I be my own agent?
It saves money, and it works if you have an Idaho street address where papers can reach you. The agent address is on the public record, so a home address shows there, and lawsuits are served on you. The own-agent guide weighs that, and registered agent services explains the paid route. For what service of process is, see service of process.
To see who an Idaho company named, search SOSBiz, which also looks up registered agents.