After a GUARDIAN reader commented about Greenstone Properties, the developer seeking to build the downtown stadium and related housing and commercial complex, we decided to check the law regarding doing business in Idaho.
Here is what the Idaho Constitution has to say about “foreign” (out-of-state) corporations:
ARTICLE XI, SECTION 10. REGULATION OF FOREIGN CORPORATIONS. No foreign corporation shall do any business in this state without having one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served; and no company or corporation formed under the laws of any other country, state, or territory, shall have or be allowed to exercise or enjoy, within this state any greater rights or privileges than those possessed or enjoyed by corporations of the same or similar character created under the laws of this state.
30-21-502. REGISTRATION TO DO BUSINESS IN THIS STATE. (a) A foreign filing entity or foreign limited liability partnership may not do business in this state until it registers with the secretary of state under this chapter.
(b) A foreign filing entity or foreign limited liability partnership doing business in this state may not maintain an action or proceeding in this state unless it is registered to do business in this state.
To satisfy this constitutional mandate, corporations need to register as a “foreign corporation” with the Idaho Secretary of State. As of April 18, 2018 we can find no registration for Greenstone Properties, their location, or agent. We were also unable to detect any assumed business name for Greenstone Properties.
As a practical matter it would seem difficult for the City of Boise to consider a rezone application from an unregistered foreign corporation which MAY have been conducting business within the state while in violation of the state constitution or Idaho code.
UPDATE 4/23/18–Boise Planning and Zoning has no requirement regarding business registration when considering applications.
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