The Blaugg Blog Do you even Blaugg???

What to Know When Naming an Idaho LLC

 

Most states have specific requirements when it comes to naming a limited liability company. Here’s what you need to know about Idaho:

Are there restrictions for naming an Idaho LLC?

Yes. Like most states, Idaho requires LLC names to be easily distinguishable from one another. According to ID Code § 30-21-304, this means a new LLC name cannot be similar to any other business entity registered with the state—NOT including suffixes like “Inc.” or “LLC.” In other words, you probably won’t be able to register “Potato, Inc.” in Idaho if “Potato LLC” already exists.

What does it mean for names to be easily distinguishable, you ask? This is mostly a judgment call made by the Idaho Secretary of State’s office. To see if Idaho currently has any active businesses with names similar to the one you want, it’s a good idea to check Idaho’s Business Name Search.

Can I use the name of a dissolved entity?

Eventually, yes. In Idaho, an LLC that’s been dissolved can retain its business name for up to six months. After that, the business name will be available for any other business to register as its own.

Is there anything I MUST include in my ID LLC name?

Yes. The Idaho Secretary of State requires business entities to indicate their entity type in their name. For LLCs, this means including some version of “LLC” in the official name registered with the state. Acceptable variations include:

  • Limited Liability Company
  • Limited Liability Co.
  • Ltd. Liability Company
  • Ltd. Liability Co.
  • LLC
  • L.L.C.

Is there anything I CANNOT put in my ID LLC name?

Indeed. Idaho state statutes prohibits LLCs from including misleading text. Specifically, “language falsely stating or implying government affiliation.” In general, this means you cannot name your business using words that lead others to believe your company provides a service it doesn’t actually provide. For example, you cannot use the word “bank” for your Idaho LLC if your company sells board games.

What can I do if Idaho rejects my business name?

If your desired business name is already in use, unfortunately you’ll have to pick a new one. However, if your preferred name was denied because it wasn’t deemed “distinguishable” from another Idaho company, you have a couple options.

  • Record of consent – If you’re lucky, the active Idaho company with a name similar to yours may officially consent to changing its name, which would then give you the ability to use your desired name.
  • Court action – You may otherwise try to obtain a certified copy of a final court judgment establishing your business’s right to use its desired name in Idaho.

Either way, it’s probably a good idea to reach out to a business attorney to make sure you’re aware of what the legal process will entail.

This entry was posted in Opinion.