For already prepared documents, skip to step 3
Step 1: Check Name Availability
Choose three corporate names in order of preference and we check for availability.
Step 2: Prepare or Upload your Articles
Our online form will walk you through all required information.
Step 3: Specify Service Level and Service Options
Select the appropriate filing package or choose from the a la carte options.
Routine: 3 - 5 Business Days
Rush: 24 Hours
Email confirmation within one hour during normal business hours.
Your filing is now on it's way!
If we receive your Idaho Articles of Incorporation by 12 p.m. PST M-F, your corporation will be submitted and could be active the same day. This means your company will be given the submission date as your file date. If you mail the document to the state, like many filing services do, it will take several weeks longer for proof of filing.
Your Post-Filing Responsibilities
- File a Statement of Information: After the Articles of Incorporation are filed, the Secretary of State requires that you file a Statement of Information.
- Employer Identification Number: If you would like, we can obtain your EIN for your new company. Add it to your order and we will obtain the EIN within 24-48 hours.
- Idaho Corporate Kit: Our Kits include a custom binder, seal embosser, bylaws and meeting minutes, 20 Stock certificates, and more. You can order you kit at the time of filing or if you prefer, you can place the order individually at our Corporate Kit order page.
Add these optional services to your order at the time of filing:
- Certificate of Good Standing: You may need additional copies if you are going to qualify or register in other states. Most certificates are good for 90 days.
- Additional Certified Copy of Articles: You may need this in the future for banks, loans, or professional licensing requirements.
The SunDoc Filings Advantage
- We have filed thousands of documents since 1999
- All filings received by 12 p.m. PST are submitted same day
- Most filing companies mail in your filings
Idaho Corporate Formation Guidelines
CORPORATE NAME The corporate name must contain the word "corporation," "company," "incorporated," "limited" or an abbreviation of any of these words; but if "company" or "Co." is used, it may not be immediately preceded by "and" or "&". A corporate name found to be available may be reserved with the Secretary of State for a four (4) month period for a filing fee of $20.
PURPOSES CLAUSE It is acceptable to state either alone or with a specific purpose clause, “The purposes for which the corporation is organized shall be to transact any and all lawful business for which corporations may be incorporated pursuant to the provisions of the Idaho Business Corporation Act.”
AUTHORIZED SHARES AND MINIMUM PAID IN CAPITAL There is no minimum or maximum number of authorized shares since state incorporation fees are not based on the share structure. There is no minimum amount of paid in capital required to commence business.
PREEMPTIVE RIGHTS Preemptive rights are granted in absence of a specific denial.
CUMULATIVE VOTING Cumulative voting is automatically granted unless specifically denied.
REGISTERED AGENT AND REGISTERED OFFICE The corporation must maintain a registered agent and office to receive service of process in Idaho.
DIRECTORS The minimum number of directors is one (1).
LIMITATION OF DIRECTORS' PERSONAL LIABILITY The Articles of Incorporation may contain, within the limitations prescribed by the Idaho Business Corporation Act, a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director.
INCORPORATOR Minimum number of incorporators is one (1) (a natural person or a domestic or foreign corporation) and there is no requirement that the incorporator be a resident of Idaho.
FILING PROCEDURES Submit to the Secretary of State two (2) executed copies of the Articles of Incorporation. The Secretary of State files one (1) copy and issues a Certificate of Incorporation and affixes the other copy.
SCHEDULE OF OFFICIAL STATE
DISBURSEMENTS AND FEES
$100 filing fee (add $20, if expedited service is required) for Articles of Incorporation
Idaho Corporate Frequently Asked Questions
Why choose SunDoc Filings?
SunDoc Filings can help you form an Idaho corporation with the Idaho Secretary of State on an expedited basis. To form a corporation in Idaho or form an Idaho subchapter S corporation, you must file the Idaho Articles of Incorporation with the Idaho Secretary of State. SunDoc Filings has been forming Idaho corporations since 1999 and knows the state’s requirements to handle your formation professionally and without delay. Let us make the Idaho incorporation process quick and painless for you by preparing and filing the Idaho Articles of Incorporation with the Idaho Secretary of State on your behalf.
How do I form an Idaho Corporation?
First, we check corporate name availability with the Idaho Secretary of State. Second, we prepare the Idaho Articles of Incorporation. Third, before we form the Idaho corporation, we verify that the Articles of Incorporation are free of errors. Fourth, we file the Articles of Incorporation with the Idaho Secretary of State. Fifth, when the Idaho Secretary of State files the Idaho Articles of Incorporation, we will return the filed document to you.
What are the advantages of forming an Idaho Corporation?
To begin with, there is the protection of the "corporate veil" that provides limited liability to the owners (shareholders). The shareholders are not personally liable for debts and obligations of the corporation. They can personally lose only to the extent of their investments in the Idaho corporation form purchasing stock. Since the Idaho corporation is an independent legal entity, the Idaho corporation has continuous existence. It does not cease to exist simply because one of the shareholders dies or retires. Corporations often have an easier time setting up insurance, retirement funds, profit-sharing, pension, and stock option plans than other business entities.
When you form an Idaho corporation, the owners (shareholders) are not personally liable for the debts and obligations of the Idaho corporation. Ownership in an Idaho corporation is more easily transferable than other business entities. Under most circumstances, shares of stock can be sold without restriction to a third party without having to obtain consent from the Idaho corporation itself.
How do I obtain an EIN or Employer Identification number or Tax Payer ID number for my Idaho Corporation?
After we form an Idaho corporation on your behalf, we offer supporting services. We can obtain an employer identification number (an EIN) for your Idaho corporation. An EIN is required to open a bank account, hire employees, and to start business credit for your Idaho corporation. If you purchase our Idaho premium package, EIN obtainment is included for your Idaho corporation.
How do I form an Idaho S Corporation?
It is important to understand that your Idaho S corporation starts as a general stock corporation (C corporation). To obtain or to form an Idaho S corporation, you must file for subchapter S status with the Internal Revenue Service (IRS). Forming an Idaho S corporation simply means the corporation is taxed like a partnership or LLC with a pass through tax structure. Make sure to check with your accountant or the IRS for limitations or read about Idaho C corporations below. By obtaining S corporation status in Idaho, it eliminates double taxation and the corporation generally does not file a tax return. On their tax return, the Idaho S corporation's shareholders include their share of the Idaho Corporation's separately stated items of income, deduction, loss, and credit, and their share of non-separately stated income or loss.
What are the advantages of a C Corporation in Idaho?
Generally most people form Idaho C corporations that plan on publicly trading the corporation's stock. Since Idaho S corporations cannot have more than 75 shareholders, choosing to maintain an Idaho C corporation allows for 76 shareholders or more. An Idaho C corporation can have multiple classes of stock such as preferred and common shares. An Idaho C corporation will be double taxed since both the corporate entity and the individual owners have to file tax returns. However, an Idaho S corporation can only be owned by individuals that are U.S. citizens or registered aliens, issue only one type of stock, and are limited to no more than 75 shareholders.
How do I obtain or prepare corporate bylaws for my Idaho Corporation?
If you purchase our premium package, Sun will prepare the initial bylaws (standard language) for your Idaho corporation and include meeting minutes (MS Word format) that you can prepare as needed.
What are the corporate bylaws and why are they so important for my Idaho corporation?
The corporate bylaws serve as a blueprint for your Idaho corporation The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders. Most Idaho bylaws contain the number of directors and their names. Idaho bylaws also contain the names of the officers for the titles: President, Vice-President, Secretary, and Treasurer/Chief Financial Officer (CFO).
Another important part of Idaho corporation bylaws is to create "rules" on how the Idaho corporation can open a bank account, take out loans, write checks, enter into contracts, obtain business credit, and issue stock certificates to its shareholders. Most Idaho bylaws will reference a list of shareholders in alphabetical order that includes Idaho shareholder's names, addresses, titles held with the Idaho corporation, and the amount of shares the shareholder owns in the Idaho corporation.
What is an Idaho corporate seal?
After the Idaho corporation prepares its bylaws or has Sun prepare the bylaws, the Idaho corporation will need a corporate seal. A corporate seal is a handheld device that imprints paper with the corporation's name, state of formation, and date the Idaho corporation was formed. Many banks and other lending institutes require Idaho corporations to possess and use a corporation seal on business documents or loan papers. All Idaho corporation kits that Sun sells contain a handheld corporate seal embosser.
What is an Idaho corporate kit?
The Idaho corporate kit is typically a hardbound binder that contains all of the Idaho corporation's important documents such as the Idaho Articles of Incorporation and bylaws. All the Idaho corporation kits that Sun sells include having the Idaho corporation's name hot stamped (professional imprint of the Idaho corporation's name) on the spine. Most Idaho corporation kits come with a slipcase to keep the binder safe. Some corporate kits are made with a slipcase built in. The choice is yours.
Another important part of an Idaho corporate kit is stock certificates. All of the Idaho corporate kits that Sundoc sells contain 20 custom stock certificates that include the Idaho corporation's name, the amount of shares, the par value the corporation is authorized to issue, and the title of President and Secretary below the signature lines. If you have already formed your Idaho corporation, you can order an Idaho corporate kit by placing the order individually at our Corporate/LLC Kit order page.
Now that you have formed your Idaho corporation, obtained your EIN from the IRS, decided upon whether to elect S corporation status or remain a C corporation, prepared the Idaho bylaws, issued shares of stock, and used your seal embosser, it is time to verify which local city and/or county tax licenses your business will need. The best place to start is your city hall or county recorder's office. Take the time to verify your areas business licensing requirements. For those of you who plan to run your Idaho corporation out of your home, check with your city or county to find out if a work at home permit is required. Once your licensing requirements are met, it is time to start operating your Idaho corporation