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Idaho Business Formation Questions & Answers
2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

James L. Arrasmith
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answered on Jan 6, 2024

Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign... View More

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Idaho on
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?

An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.

I am fine with my brother having sole directorship... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... View More

Michael Hales
Michael Hales
answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... View More

Michael Hales
Michael Hales
answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?
Michael Hales
Michael Hales
answered on Mar 9, 2018

It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... View More

Michael Hales
Michael Hales
answered on Jan 7, 2018

I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop... View More

2 Answers | Asked in Business Formation for Idaho on
Q: How much does it cost to form an LLC?
Michael Hales
Michael Hales
answered on Dec 15, 2017

It costs $100 and can be done through the Idaho Secretary of State's website.

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1 Answer | Asked in Business Law and Business Formation for Idaho on
Q: What are the benefits of creating a company as opposed to doing business as an individual?
Michael Hales
Michael Hales
answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate... View More

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

Basically, if I wish to just walk away from the company if my partner dies, can the widow come after me for any $$$ outside of the LLC if I am willing to let her have the whole company? Thanks!

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

the company in oregon is buying the clothes from us and then selling for their own profit. also for clothing lines, as a retailer do i need do i need anything else. for internet sales do i need any special licenses.

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.

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