How to Incorporate in Idaho

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    • 1). Visit the Idaho secretary of state website to conduct an online name search. Determine if the proposed business name is available for use. The name of the Idaho corporation cannot be too similar to an existing Idaho entity. Add a word like "Incorporated" or an abbreviation such as "Inc." to the legal name of the Idaho corporation.

    • 2). Appoint board members. Under Idaho law, directors of an Idaho corporation must be at least 18 years of age. However, a director of an Idaho corporation is not required to live in the state. Shareholders or non-shareholders of the company are allowed to serve on an Idaho corporation's board of directors. Directors of an Idaho corporation have tasks such as selecting the company's officers and implementing strategies that will help the company achieve its goals.

    • 3). Complete the articles of incorporation online using the Idaho secretary of state website, or print the Idaho articles of incorporation and fill the information in the blanks. If this is not a feasible option, you may request to have Idaho articles of incorporation sent by mail when you call the Idaho secretary of state. The number is available on the website. List the name and address of each incorporator, since these are the businesses and individuals that have power over the Idaho corporation until the filing process is complete. State the number of shares the company is authorized to issue, and indicate if the Idaho corporation will have the ability to issue multiple classes of stock. Include the signature of each incorporator.

    • 4). Check to ensure that all sections are completed in an accurate fashion. Print the completed articles of incorporation, unless you have decided to fill-in-the-blanks by hand. Make an extra copy of the articles of incorporation, since two copies must be filed with the Idaho secretary of state. Fax two copies of the articles of incorporation to the Idaho secretary of state. Send the articles of incorporation by mail or hand deliver. As of 2010, corporations in Idaho are required to pay a $100 filing fee when the articles of incorporation are typed. However, it costs $120 when filing articles of incorporation that are not typed, as of 2010.

    • 5). Draft the rules and procedures that will govern the Idaho corporation. Idaho does not impose rules or guidelines on a corporation's bylaws, which gives corporations in Idaho the freedom to write rules and regulations that are necessary for the specific type of business being operated. Include typical provisions in the company's bylaws such as criteria for selecting directors and the voting rights of the company's shareholders. Do not file the Idaho corporation's bylaws with the state. Maintain the company's rules and regulations at the principal office location along with the Idaho corporation's other important business documents.

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