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Idaho LLC Operating Agreement Template

An Idaho LLC operating agreement is used to bring the members of a newly registered business into accordance with the company’s formation, policies, and obligations as members. By executing a record of the company’s operations, members of an LLC avoid future disagreement or discrepancies as the document will attest to the exact nature of how the company will be administered. The various aspects of an LLC, such as the ownership percentage per member, capital contributions, and bookkeeping procedures are stated on the form for facile management and advancement of the company. The form may also be completed by an individual as the sole proprietor of the organization.

Contents

Types (2)

Single-Member – Allows an individual to complete an operating agreement for their LLC.

Download: PDF, Word (.docx), OpenDocument

 


Multi-Member – This form binds members of an LLC to the specifics of how their company will operate.

Download: PDF, Word (.docx), OpenDocument

 


Laws


How to File (6 Steps)

Step 1 – Reserving the LLC’s Name (Optional)

LLCs may reserve a name for a four (4) month period online for a fee of $20 or via a mailed filing for a $40 fee. A printable version for mailed filings can be found on the Idaho SOS website and should be sent to:

Office of the Secretary of State

450 N 4th Street, PO Box 83720 Boise, ID 83720-0080

Reserving a name is optional, and will otherwise be obtained when submitting the LLCs Certificate of Organization (Step 3).


Step 2 – Appointing an Agent

The LLC must appoint an agent who will receive service of process and legal notices on the company’s behalf. An eligible agent may be an individual residing in Idaho, an entity located or authorized to operate in the state, or a member of the LLC. The agent must have a physical street address in Idaho, which will be recorded on the Certificate of Organization (next step).


Step 3 – Filing Certificate of Organization

Domestic LLC

To register a domestic LLC as an entity in the state, a Certificate of Organization of Limited Liability Company must be filed online or printed and delivered via mail. Filings processed online require a $100 fee or $120 if the files are sent via postal service to address in the green window below.

Foreign LLC

Existing LLCs that wish to expand to Idaho can register with the Secretary of State by completing the Foreign Registration Statement and submitting the $100 processing fee. Foreign LLCs must enclose an additional Certificate of Good Standing or a Certificate of Goodstanding when registering, which are obtained from the Secretary of State’s office of the state in which the LLC was formed. For paper filings, a printable version of the Foreign Registration Statement can also be completed and delivered through postal service to the address below.


Step 4 – Completing an Operating Agreement

An operating agreement ensures all members of an LLC understand their duties as owners of the company and the framework of how the organization will operate. Completing an operating agreement is not mandated by state statutes, however, without an operating agreement, members will not have a legally binding record of the company’s policies and regulations. To begin creating an operating agreement, select the “Create Document” icon on this page.


Step 5 – Creating an EIN

An EIN is required for LLCs of more than one owner, or for LLCs with a sole proprietor that intends to employ other individuals or file taxes as a corporation. This number can be obtained by completing the online application via the IRS website and does not require any processing fee.


Step 6 – Business Registration / Permits and Licenses

Businesses with employees or those involved in retail sales will need to register online in the Idaho Registration System for sales tax and insurance purposes. Alternatively, the registration may be completed by printing and submitting Form IBR-1 via mail to:

Idaho Business Registration

PO Box 36 Boise, ID 83722-0410

Certain businesses may require additional permits and licenses, which can be identified via the Idaho Business Wizard. If required, the company will need to contact the respective agencies and offices to acquire the needed permits or licenses.

Resources

Filing Options: Online or by Mail

Costs:

  • Domestic filing fee: $100 online; $120 by mail
  • Foreign filing fee: $100 online; $120 by mail
  • Expedited filing fee (optional): $40, ($100 for same-day filing)
  • Name reservation: $20 online; $40 by mail

Forms:

  • Application for Reservation of Legal Entity Name (PDF)
  • Domestic LLCs: Certificate of Organization Limited Liability Company (PDF)
  • Foreign LLCs: Foreign Registration Statement (PDF)
  • Business Registration Form: Form IBR-1 (PDF)

Filing Delivery Methods:

Additional Information/Assistance: