Bill Description: House Bill 738 would allow LLC filers to provide the street and mailing addresses of the company’s commercial registered agent under certain circumstances rather than their own personal address.
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NOTE: House Bill 738 is related to House Bill 582, but puts more constraints on using the mailing addresses of the company’s commercial registered agent.
Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
Idaho code requires a person or persons forming an LLC to provide “the street and mailing addresses of the company’s principal office” to the Secretary of State. This information becomes publicly available.
House Bill 738 would amend Section 30-25-201, Idaho Code, to allow LLC filers to provide “the street and mailing addresses of the company’s commercial registered agent” in lieu of the requirement above under certain circumstances.
This option could only be exercised if “the limited liability company attests that it has no physical location other than a residential address; and the commercial registered agent maintaining the registered office consents to the use of its address as the limited liability company’s principal office.”
This change would make it possible for someone to form an LLC without either acquiring commercial office space or publicly disclosing their home address.
NOTE: Section 30-25-201, Idaho Code, also requires providing, among other information, “the name and mailing address of at least one (1) governor of the company,” so the identity and contact information for the (or a) person filing the LLC is still publicly available. While this bill would provide an opportunity to shield one’s home address, it does not provide the same level of anonymity available when registering an LLC in Wyoming.
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