Idaho Code 30-21-411 – Designation of Registered Agent by Nonregistered Foreign Entity or Nonfiling Domestic Entity
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(a) A nonregistered foreign entity or domestic nonfiling entity may deliver to the secretary of state for filing a statement designating a registered agent signed by the entity that states:
(1) The name, type of entity, and jurisdiction of formation of the entity; and
(2) The information required by section 30-21-404(a), Idaho Code.
(b) A statement under subsection (a) of this section is effective for five (5) years after the date of filing unless canceled or terminated earlier.
Terms Used In Idaho Code 30-21-411
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonfiling entity: means an entity whose foundation does not require the filing of a public organic record. See Idaho Code 30-21-102
- Nonregistered foreign entity: means a foreign entity that is not registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102
- Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 30-21-102
- Registered agent: means an agent of an entity that is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Idaho Code 30-21-102
- Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-21-102
- Type of entity: means a generic form of entity:
Idaho Code 30-21-102
(c) A statement under subsection (a) of this section must be signed by a person authorized to manage the affairs of the nonregistered foreign entity or domestic nonfiling entity. The signing of the statement is an affirmation of fact that the person is authorized to manage the affairs of the entity and that the agent has consented to serve.
(d) Designation of a registered agent under subsection (a) of this section does not register a nonregistered foreign entity to do business in this state.
(e) A statement under subsection (a) of this section may not be rejected for filing because the name of the entity signing the statement is not distinguishable on the records of the secretary of state from the name of another entity appearing on those records. The filing of such a statement does not make the name of the entity signing the statement unavailable for use by another entity.
(f) An entity that delivers to the secretary of state for filing a statement under subsection (a) of this section designating a registered agent may cancel the statement by delivering to the secretary of state for filing a statement of cancellation that states the name of the entity and that the entity is canceling its designation of a registered agent in this state.
(g) A statement under subsection (a) of this section for a nonregistered foreign entity terminates on the date the entity becomes a registered foreign entity.