Every LLC in Idaho must appoint and maintain an Idaho Registered Agent at all times. This agent is designated by the LLC to receive service of process and other official documents on behalf of the company.
An Idaho LLC’s registered agent can be a person or a business entity. Either way, the agent must maintain a physical address where process servers can deliver service of process. Certified mail for the LLC may also be delivered to this address.
Service of process is an essential aspect of the legal system. Once these documents are delivered to the registered agent, the court system assumes that the LLC has been notified. Similarly, the state may correspond with the Idaho LLC through the registered agent.
This is a position of huge responsibility. Although the registered agent doesn’t necessarily have to be a full-time employee of the company, their role is important enough to be legally mandated.
Legal Requirements For Qualifying As The Registered Agent
Before an LLC appoints a registered agent, it should ensure that the agent fulfills the legal requirements for the role. The requirements aren’t convoluted, so the LLC has plenty of maneuvering room to decide on its registered agent.
- The agent must have a physical street address in Idaho. As the registered office of the LLC, this address is the destination for service of process. The address can’t be a PO Box or similar.
- If the agent is a person, he or she should be capable of receiving legal documents.
- If the agent is a business, it must have permission to operate in the state.
Getting To Know The Idaho Registered Agent
Responsibilities Of A Registered Agent
When you appoint a registered agent, it’s important to consider not just the legal requirements, but also the responsibilities of the role. At the minimum, an agent should handle the following responsibilities:
- Maintain a registered office for the LLC.
- The agent should be available at the registered office during regular business hours (9 am to 5 pm).
- The agent should receive service of process if it arrives and immediately inform the LLC.
- If the agent receives communication from the state, the LLC should be informed.
Keep in mind, the key here isn’t just informing the LLC, but informing it of service of process as soon as possible. Besides, remaining available to receive service of process forms a key part of the agent’s duties.
Who To Appoint As The Registered Agent
Given the requirements and responsibilities, we can take a more serious look at who to appoint as the registered agent. Generally speaking, you have the following possibilities:
- You can be your own registered agent.
- Appoint a family member or friend.
- Hire a commercial registered agent.
Being your own registered agent (or appointing family/friends) means that you could save money. However, appointing a commercial agent can bring a touch of professional service, reliability, and convenience.
Remember that a registered agent should be available at the office during normal business hours. This can be a tough call for individuals. Privacy is another aspect. The address and details of a registered agent become part of the public record. This means they’re accessible to everyone.
However, if these don’t seem troublesome for you, it might be useful to consider being your own registered agent for $0.
Remember, that these concerns are best represented by domestic LLCs. If you’re setting up a foreign LLC in Idaho, there’s a good chance you don’t personally know anyone who could act as the registered agent. In these circumstances, hiring a commercial registered agent is the best way to move forward.
Hiring an agent is also a useful option for LLCs that intend to expand to other states. You’ll have one less thing to worry about, as the agent(s) you hire handle the service of process and other official mail.
Hiring A Commercial Registered Agent In Idaho
When hiring a commercial registered agent in Idaho, look through the offerings and services carefully. Many businesses offer services that go beyond the role of a registered agent. This can be helpful for your company, but paying for services you don’t need is never a good strategy.
Even without the added services, there is a fair variation in the costs of hiring registered agents. Most agents charge somewhere between $50-$300 annually for their services. But rather than being guided solely by the price, be sure to consider the quality of service and the reputation of the agent.
You could search for the agents, or use the commercial agents list maintained on the SOS website for more information. Whatever you choose, it’s useful to expect a few key qualities from your registered agent. These include:
- Professional and reliable service: The agent should be reliably available at normal business hours to receive service of process. A commercial agent is likely to have a fully staffed office that is capable of receiving and handling service of process.
- Privacy: Since the address of the commercial agent is used on relevant forms and filings, your own address can remain private.
- Convenience: With the commercial agent handling the role, you can take time to focus on your business.
Changing Your Idaho Registered Agent
Changing the Idaho registered agent for your LLC requires filing the Statement of Change of Registered Agent form with the Idaho Secretary of State. There is no filing fee for this form and it can be filed via postal mail, fax, or in-person.
The new registered agent has to sign the form as a way to confirm their acceptance of the role.