Amends existing law to provide that the organizer of a limited liability company may use the street and mailing addresses of a company's commercial registered agent in certain circumstances.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 738 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO FORMATION OF LIMITED LIABILITY COMPANIES; AMENDING SECTION2 30-25-201, IDAHO CODE, TO PROVIDE THAT AN ORGANIZER MAY USE THE STREET3 AND MAILING ADDRESSES OF A COMPANY'S COMMERCIAL REGISTERED AGENT IN4 CERTAIN CIRCUMSTANCES; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-5 FECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 30-25-201, Idaho Code, be, and the same is8 hereby amended to read as follows:9 30-25-201. FORMATION OF LIMITED LIABILITY COMPANY -- CERTIFICATE OF10 ORGANIZATION. (a) One (1) or more persons may act as organizers to form a lim-11 ited liability company by delivering to the secretary of state for filing a12 certificate of organization.13 (b) A certificate of organization must state:14 (1) The name of the limited liability company that must comply with sec-15 tions 30-21-301 and 30-21-302(d), Idaho Code;16 (2)(i) The street and mailing addresses of the company's principal17 office; or18 (ii) The street and mailing addresses of the company's commercial19 registered agent if:20 1. The limited liability company attests that it has no21 physical location other than a residential address; and22 2. The commercial registered agent maintaining the regis-23 tered office consents to the use of its address as the lim-24 ited liability company's principal office;25 (3) The information required by section 30-21-404(a), Idaho Code;26 (4) The name and mailing address of at least one (1) governor of the com-27 pany; and28 (5) If the company is a professional entity, a statement that the com-29 pany is a professional limited liability company and the principal30 profession or professions for which the company's members are duly31 licensed or otherwise legally authorized to render professional ser-32 vices.33 (c) A certificate of organization may contain statements as to matters34 other than those required by subsection (b) of this section, but may not35 vary or otherwise affect the provisions specified in section 30-25-105(c)36 and (d), Idaho Code, in a manner inconsistent with that section. However, a37 statement in a certificate of organization is not effective as a statement38 of authority. The secretary of state shall not accept operating agreements39 for filing.40 (d) A limited liability company is formed when the certificate of or-41 ganization becomes effective.42

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3