Any person who intends to transact business in Idaho under an assumed business name must file a Certificate of Assumed Business Name with the Idaho Secretary of State before beginning to transact business. However, if an individual is using both his first and last names within the business name, he doesn’t have to file the certificate. Further, if a business entity, such as a limited liability company or a corporation, is organized and registered with the state, the owners or incorporators do not have to file a Certificate of Assumed Business Name with the Idaho Secretary of State, as long as the assumed name of the business appears on its filed organizational document.
Verify the business name you desire is legally available. Conduct an Internet search for the proposed name of your business to ensure no one has already registered it or is using the business name you desire. You can also perform a business name search on the Idaho Secretary of State website. Further, business names can be protected by trademark laws. If your proposed business name comes up in an Internet search, it may be trademarked. Rather than establishing a business under a name you could later be forced to change, you should come up with a new business name.
Reserve your business name with the Idaho Secretary of State if your business is a corporation or limited liability company and you are still in the process of creating your organizational documents. You can print the Application for Reservation of Legal Entity Name from the Idaho Secretary of State website. Send your completed application with the require fee to Office of Secretary of State, 250 North 4th Street, PO Box 83720, Boise ID 83720-0080. Per Idaho Code 30-1-402 and 53-603 this will reserve your business name for 4 months while you prepare and register your documentation with the state.
Complete the Certificate of Assumed Business Name form if you are not going to register your business with the state. You can fill out this form on the Idaho Secretary of State website and print it out. Send the form with the appropriate fee to Office of Secretary of State, 250 North 4th Street, PO Box 83720, Boise ID 83720-0080.