Register a DBA in Idaho

What the law requires

Idaho requires any person - individual, partnership, or registered entity - who intends to transact business under an assumed business name to file a certificate of assumed business name with the Idaho Secretary of State before beginning to transact business. The act is a statewide, SOS-level disclosure regime (part 8 of the Idaho Uniform Business Organizations Code hub chapter).

"Any person who proposes to or intends to transact business in Idaho under an assumed business name shall, before beginning to transact business, deliver to the secretary of state for filing a certificate of assumed business name in a form prescribed by the secretary of state." — Idaho Code § 30-21-805(a)

Where filings go

All certificates of assumed business name are filed with the Idaho Secretary of State; a separate certificate is required for each assumed business name used.

"(b) A separate certificate of assumed business name must be filed for each assumed business name a person uses." — Idaho Code § 30-21-805(a), (b)

How long it lasts

A certificate of assumed business name has no fixed term - it is effective on filing and remains in effect until canceled under § 30-21-809. Renewal: No periodic renewal is required. A certificate of amendment must be filed within ninety (90) days after the identity or business address of any interested person changes or the certificate otherwise becomes materially misleading (§ 30-21-808(a)).

"A certificate of assumed business name is in effect upon filing until it is canceled pursuant to section 30-21-809, Idaho Code." — Idaho Code § 30-21-807(b)

Name restrictions

An assumed business name must comply with the general name standards of § 30-21-301(a) and (e), may not contain the entity-indicator words or abbreviations required for entities under § 30-21-302, and may not be only the true name of an individual. The definition also bars words or abbreviations that falsely state or imply governmental affiliation or the existence of a filing entity or LLP.

"On or after July 1, 2015, an assumed business name: (1) Must comply with section 30-21-301(a) and (e), Idaho Code; and (2) May not contain any of the words or abbreviations required for an entity under section 30-21-302, Idaho Code; and (3) May not be only the true name of an individual." — Idaho Code §§ 30-21-804(a), 30-21-803(1)(B)

Entities and assumed names

Registered entities use the same Part 8 certificate for assumed names (§ 30-21-803(1)(A)). Separately, a foreign entity whose true name fails Idaho's name standards must adopt an alternate name to register; an entity registering under such an alternate name need not also file under the assumed-name statute, and it may thereafter also do business under a name authorized under the assumed/fictitious name statute.

"A foreign filing entity or foreign limited liability partnership whose name does not comply with section 30-21-301, Idaho Code, for an entity of its type may not register to do business in this state until it adopts, for the purpose of doing business in this state, an alternate name that complies with section 30-21-301, Idaho Code. A foreign entity that registers under an alternate name under this subsection need not comply with this state's assumed or fictitious name statute." — Idaho Code § 30-21-506(a)