There are a number of reasons you might need to change your Idaho LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Idaho might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of Idaho has certain requirements for changing your LLC’s registered agent. To make this change, you must either file a “Statement of Change of Registered Agent, Registered Office, or Both,” or, when it comes time to file your annual report, update your registered agent there. These documents are available online and on paper, and there is no fee involved.
To read more about changing a registered agent straight from the source, take a look at Idaho Statues 30-21-407.
You can’t pick just anyone to be a registered agent for your LLC. The state of Idaho puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Idaho must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in Idaho
Ready to make the change? You’ve got a couple of options. You can change your Idaho registered agent by filing a “Statement of Change of Registered Agent, Registered Office, or Both,” or by updating your annual report.
Let’s tackle the paper form first. While its title lacks brevity, its content doesn’t. All you need to provide is your LLC name, the name and address of your old agent, the name and address of your new agent, and a signature of consent.
When you’re done, you can mail your form to:
Secretary of State
450 N 4th Street
PO Box 83720
Boise ID 83720-0080
Or, fax it to (208) 334-2080
If you live in or near Boise, the Secretary of State’s office also accepts hand-delivered forms at:
450 N. 4th Street
Boise, ID 83702
While there is no fee to change your registered agent, there is a $20 handling fee for all non-electronic forms. So, if you’re filing by mail, fax, or in person you’ll also need to send a check, payable to “Idaho Secretary of State.”
Considering the fact that online filing is free and paper filing costs $20, online is probably the better route. You can do this through the SOSBiz site. Create an account, then under “Business Services,” click “Update Registered Agent,” and you’ll be done in no time.
As an Idaho LLC, you’re required to file an annual report between January 1 and June 30 each year. If your need for a new registered agent falls into this window, you can simply update the agent information on your annual report. Since you’ll be filing the annual report anyway, this will cut down your paperwork. You can use the SOSBiz site for annual reports too; the fee is $25.
Updating your Certificate of Organization is not a viable way to change your registered agent in Idaho. You must use the designated form or annual report.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? You’re good to go. Typical processing time for the Idaho Secretary of State is 7-10 business days, so you’ll see your change on record within two weeks.
Think of your registered agent as a mediator between you and the state of Idaho, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every Idaho business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate an Idaho small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Idaho registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.
There are numerous reasons you might need to give up your Idaho registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Idaho LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Idaho doesn’t require you to inform the LLC that you’re leaving until after you have submitted your official resignation with the Secretary of State. After filing your “Statement of Resignation,” you must promptly notify your company, according to Idaho Code, Section 30-21-410.
Still, because the registered agent is an important role, it’s nice to give your LLC notice in advance. This way, they can prepare more effectively to change their registered agent and avoid potential penalties.
Your resignation isn’t official until it’s on file with the Secretary of State. To start the process, head over to the SOSbiz portal. You need to create an account if you don’t already have one. From there, you can file online or download the most recent “Statement of Resignation Form.”
However you choose to file, you’ll need the following information:
Not bad at all, right? If you’re filing online, that’s the end of the process. If you printed and completed a hard copy, mail it to:
Secretary of State
PO Box 83720
Boise ID 83720-0080
You can also drop it off in person at 450 N 4th St., Boise ID 83720.
The best part is that there’s no fee to file this form, so you won’t need that checkbook or credit card. But don’t forget to send an official notice to your LLC after you’ve filed with the S.O.S.
Standard Processing time is 7-10 days, but if you’re in a hurry, you can pay a $20 fee for eight-hour expedited service. After your resignation has been processed, you will remain on file as the LLC’s registered agent for 31 days or until the LLC appoints your replacement, whichever comes first.
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. After you resign, if your company goes more than 60 days without a registered agent, they risk being administratively dissolved by the state. It’s a severe penalty, which is why it’s important to establish a good transition plan beforehand.
Once you’ve nominated a replacement, confirm that they meet Idaho’s registered agent requirements. They must:
If your agent is a foreign business entity, make sure that it is authorized to do business in Idaho and has a physical address there. You can serve as the registered agent for your own LLC, but sometimes it’s easier to hire a professional.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Idaho LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Idaho or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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