When used in this part, the terms defined in this section shall have the following meanings:
(1) “Assumed business name” means:
(A) Any name other than the true name of any filing entity or limited liability partnership, under which name the entity holds itself out for the transaction of business in the state of Idaho; or
(B) Any name under which any individual, any group of individuals or other persons, or any entity other than a filing entity or limited liability partnership, holds itself out for the transaction of business in the state of Idaho, if that name does not include in full the true names of all individuals and other persons who have a financial interest in the business which is or may be transacted; which name shall not include words or abbreviations which falsely state or imply governmental affiliation or the existence of a filing entity or limited liability partnership.

Terms Used In Idaho Code 30-21-803

  • Assumed business name: means :
Idaho Code 30-21-803
  • Filing entity: means an entity whose formation requires the filing of a public organic record. See Idaho Code 30-21-102
  • Individual: means a natural person. See Idaho Code 30-21-803
  • Interest: means :
    • Idaho Code 30-21-102
  • Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 23, title 30, Idaho Code, or a foreign limited liability partnership. See Idaho Code 30-21-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Public organic record: means the record, the filing of which by the secretary of state is required to form an entity, and any amendment to or restatement of that record. 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
  • true name: shall include the assumed business name which appears on the application for authority to do business or registration statement. See Idaho Code 30-21-803
    • (2) “Individual” means a natural person.
    (3) “Transact business” means to engage in any commercial or other activity that is intended to or likely to produce a financial benefit, whether it is for the purpose of profit to the person who engages in the activity or for the purpose of supporting a charitable, benevolent or other nonprofit function.
    (4) “True name” has the following meanings:
    (A) When applied to a formally organized or registered entity, the name by which the entity is identified on its public organic record, application for authority to do business or registration statement which is on file with the appropriate governmental entity. As to a foreign formally organized or registered entity which has been required to adopt an assumed business name on its application for authority to do business or its registration statement as a condition of obtaining authority to do business in Idaho, the term “true name” shall include the assumed business name which appears on the application for authority to do business or registration statement.
    (B) When applied to an individual, the name that the individual uses to bind himself or herself to legal obligations, or to obtain privileges, licenses or benefits from government. The true name will include the surname and some combination of given names or initials, and may include other identifiers such as “Jr.,” “3d” or “III.”