Idaho LLC Operating Agreement
Set out who owns your Idaho LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Idaho LLC act rules · as of 2026
- Required by law?
- No — but strongly recommended
- Recognized form
- 'whether oral, implied, in a record, or in any combination thereof'
- Governing act
- Idaho Uniform Limited Liability Company Act
Without an agreement: 'Any distributions made by a limited liability company before its dissolution and winding up must be in equal shares among members and persons dissociated as members' — per capita, not by contribution (Idaho Code § 30-25-404(a)). Source: Idaho Code § 30-25-102(9) · verify ↗.
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Why your Idaho LLC needs this — even single-member
- It overrides the default rules. Without an agreement, the Idaho Uniform Limited Liability Company Act decides how profits are split and who can act for the company — not you.
- It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
- Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.
Idaho law
No — Idaho does not require an operating agreement (as of 2026): Not required. Idaho adopted RULLCA (recodified 2015 as Title 30, ch. 25); the operating agreement is optional and Idaho Code § 30-25-105 supplies default rules for matters it does not cover.. But without one, the default rules of the Idaho Uniform Limited Liability Company Act decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Idaho Code § 30-25-102(9). Check the current Idaho LLC rules before relying on any default.
Frequently asked questions
Is an operating agreement required in Idaho?
No — Idaho does not require an operating agreement (as of 2026): Not required. Idaho adopted RULLCA (recodified 2015 as Title 30, ch. 25); the operating agreement is optional and Idaho Code § 30-25-105 supplies default rules for matters it does not cover.. But without one, the default rules of the Idaho Uniform Limited Liability Company Act decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Idaho Code § 30-25-102(9).
Does the operating agreement get filed with the state?
No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Idaho agency records it.
Can the agreement be oral in Idaho?
Idaho's statute recognizes: 'whether oral, implied, in a record, or in any combination thereof' (Idaho Code § 30-25-102(9)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.
How does Idaho compare? See which states actually require an operating agreement, every claim cited to the state LLC act.
How Idaho compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Idaho: Idaho Code § 30-25-102(9) ↗.
- Idaho is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).
The rest of what Idaho requires
The figures below are Idaho's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Idaho page for that document.
- Security deposit cap · as of 2026
- No statutory limit Idaho Code §6-321 ↗
- Deposit return deadline · as of 2026
- 21 days after move-out Idaho Code §6-321 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Idaho Code §6-321 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Idaho Code § 6-303; § 55-208 ↗
- Notice to cure a lease violation · as of 2026
- 3 days Idaho Code § 6-303; § 55-208 ↗
- Small claims limit · as of 2026
- $5,000 Idaho Code §1-2301 (limit); §1-2307 (attorney bar — pre-2000 numbering was §1-2308) ↗
- Where you file · as of 2026
- Small Claims Department of the Magistrate Division of the District Court · filing fee $69 Idaho Code §1-2301 (limit); §1-2307 (attorney bar — pre-2000 numbering was §1-2308) ↗
- Rental application fee · as of July 2026
- No statutory limit Idaho Statutes ↗
- Bill of sale notarization · as of 2026
- Not required Idaho ITD (Form ITD 3738) / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Idaho Code §15-12-105 (form §15-12-301) ↗
- Recording a deed · as of 2026
- County Recorder (the elected county clerk serves ex officio as auditor and recorder, Idaho Code § 31-2001) · no witnesses Idaho Code § 55-601 ↗
LLC operating agreement in other states
More Idaho legal forms
Different state? See LLC operating agreements by state →