Idaho Code
Idaho Code § 30-501 (2026)
Corporations — Constitution of the state of Idaho.
✓ current as of May 2026
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Corporations — Constitution of the state of Idaho.
(1) Every corporation organized for any lawful purpose or purposes, whether a general business corporation or a designated class of corporation, shall, by the act of filing incorporation documents with the state of Idaho, acknowledge and accept the provisions of the constitution of the state of Idaho and the provisions of this chapter as binding upon that corporation.
(2) Except as expressly authorized by the legislature through the enactment of general laws or pursuant to subsection (4) of this section, the state shall not file or cause to be filed on its behalf articles of incorporation for any corporation that is provided for in subsection (1) of this section. If any articles of incorporation are filed by the state or on its behalf without the authorization of the legislature as required pursuant to this subsection, the secretary of state shall not accept such articles of incorporation. In no instance shall the state constitute the voting majority of the board of directors or members of a corporation or its subsidiary. For purposes of this section, "state" means the state of Idaho, a state officer acting in an official capacity, a state employee acting within the scope of employment, or a state agency, department, division, bureau, board, commission, or institution.
(3) The state shall not file or cause to be filed on its behalf articles of incorporation for a corporation to carry out a purpose or function in lieu of the state or to receive or expend appropriated funds in furtherance of such purpose or function.
(4) It is not a violation of the provisions of this section for the state to:
(a) Create or to authorize the creation of an independent public body politic and corporate; or
(b) Associate with a corporation to provide a benefit to the state, provided that the state is not an owner, stockholder, or controlling member of such corporation.
(5) For the purposes of this section, "independent public body politic and corporate" means an entity that is:
(a) Created in statute to carry out a public purpose;
(b) Devoid of any private party with the right to control the entity or manage it; and
(c) Lacking any potential for private parties to change the fundamental structure or public purpose of the entity as provided for in the statute that created it.
Notes of Decisions
Cited in 13
cases, 1932–1987 · leading case: Nat'l Bank of Alaska v. J. B. L. & K. of Alaska, Inc., 546 P.2d 579 (Alaska 1976).
Nat'l Bank of Alaska v. J. B. L. & K. of Alaska, Inc., 546 P.2d 579 (Alaska 1976). “[41] Idaho Code, § 30-501. [42] 90 Idaho 515 , 414 P.”
Burley Newspapers, Inc. v. Mist Publ'g Co., 414 P.2d 460 (Idaho 1966). “At the time the contract was consummated, Mist, by reason of its failure to com *520 ply'with I.C. § 30-501 1 and I.C. § 30-502 2 'had not qualified to do business in Idaho.”
Mountain Home Redi-Mix v. Conner Homes, Inc., 428 P.2d 744 (Idaho 1967). “I.C. § 30-501. No more than three months after commencing business here, the corporation must also file, in the same offices, designations of an agent in its principal county who will receive legal process.”
McKinley v. Combustion Eng'g, Inc., 575 F. Supp. 942 (D. Idaho 1983). “— Every such corporation which fails to comply with the provisions of this chapter shall be denied the benefit of the statutes of the state limiting the time for the commencement of civil actions, and any limitations in such statutes shall only run in favor of any such…”
Dairy Equip. Co. of Utah v. Boehme, 442 P.2d 437 (Idaho 1968). “The record disclosed that while Articles of Incorporation had been filed with the Secretary of State, copies of the Articles of Incorporation had not been filed in Ada County or in Minidoka County, the purported residences of the designated agent.”
Twin Harbors Lumber Co. v. Carrico, 442 P.2d 753 (Idaho 1968). “I.C. § 30-501 et seq. 5 . Ibid. 6 . The amended findings and conclusions do not determine whether at the time of execution of the notes and mortgages respondent was “doing business in this state” within I.”
Bendix Autolite Corp. v. Midwesco Enter., Inc., Defendant/third-Party, Int'l Boiler Works Co., Third-Party, 820 F.2d 186 (3rd Cir. 1987). “Idaho Code §§ 30-501 , 30-502 (repealed 1979).”
Johnson v. Young, 23 P.2d 723 (Idaho 1932). “” Idaho Code Annotated, title 30, chapter 5, relates to counties as bodies corporate and contains, among others, the following sections: Section 30-501. “Every county is a body politic and corporate, and as such has the powers specified in this, title or in other statutes, and…”
California Brewing Co. v. Rino, 143 F. Supp. 801 (D. Idaho 1956). “The plaintiff has filed a motion to strike the said paragraph on the ground that it is immaterial and does not state a defense. Section 30-504, Idaho Code, provides as follows: “No contract or agreement made in the name of, or for the use or benefit of, such corporation prior to…”
Young Elec. Sign Co. v. Capps, 492 P.2d 57 (Idaho 1971). “— No contract or agreement made in the name of, or for the use or benefit of, such corporation prior to the making of such filings as provided in sections 30-501 and 30-502 can be sued upon or enforced in any court of this state by such corporation.”
Aero Serv. Corp.(W.) v. Benson, 374 P.2d 277 (Idaho 1962). “Idaho Code, § 30-501, requires a foreign corporation “before doing business in this state,” to file copies of its articles of incorporation with the officers and in the manner required by that section in order to qualify the corporation to do business in this state.”
Michael Eugene Brackney, an Infant by Judith C. Brackney, His Guardian Ad Litem & Judith C. Brackney v. Combustion Eng'g, Inc., Univ. of Chicago, & John Doe I, John Doe Ii, John Doe Iii, John Doe Iv, John Doe V, John Doe Vi, John Doe Vii, John Doe Viii, John Doe Ix, John Doe X, Richard Dean McKinley Ann Marie Rowell John Michael McKinley & Caroline Irene McKinley v. Combustion Eng'g, Inc., & Univ. of Chicago, 674 F.2d 812 (9th Cir. 1982). “was in violation of Idaho Code 30-501 (failure to record articles of incorporation with the Secretary of State prior to "doing business" within the state) and Idaho Code 30-502 (failure to designate a person within the state for purposes of service of process).”
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