Wyo. Code R. 002-0023-1
Effective Date: 11/12/2008 to 03/21/2016
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0023.1.11122008
General Provisions
The Secretary of State, pursuant to W.S. 17-28-111, is authorized to promulgate such rules as are necessary to perform the duties required of him under the Registered Offices and Agents Act, W.S. 17-28-101, et seq., 2008.
These rules are adopted to promote the uniform administration of the Registered Offices and Agents Act.
These rules apply to all registered agents and all business entities required by law to file with the Secretary of State.
(a) “Bona Fide Law Enforcement Agency” means a law enforcement agency, foreign or domestic, that is investigating a potential criminal violation by a business entity or a Registered Agent.
“Business Address” means the physical street address of the Communications Contact Person.
(c) “Business Entity” means a corporation, limited liability company, limited partnership, registered limited liability partnership, limited liability limited partnership, or statutory trust, whether for profit or non profit, or any other business type that is required to register with the Secretary of State.
(d) “Business Office” means Registered Office and must be a physical location in Wyoming with a street address that is not a post office box or a drop box.
(e) “Commercial Registered Agent” means a Registered Agent who serves for more than 10 entities, including a Registered Agent which serves as a Registered Agent for the entities served by another Commercial Registered Agent.
(f) “Consent Form” means a form provided by the Secretary of State and required to be filed with the Secretary of State upon which a Business Entity verifies that it has elected to file the required records, pursuant to W.S. 17-28-107(b), with the Secretary of State.
“Contract Creating An Agency Relationship” see “Written Agreement Creating an Agency Relationship.”
(h) “Court Ordered Subpoena” means a validly issued subpoena from a court of competent jurisdiction. A “Court Ordered Subpoena” does not mean a subpoena issued by an attorney, as allowed by court rules.
(i) “Delinquent Awaiting Administrative Dissolution” means the status of a Business Entity when its Registered Agent has resigned and no successor was appointed to represent the Business Entity.
(j) “Designated Agent” means a Natural Person designated in writing and authorized by the Business Entity to act as the Communication Contact Person.
“Domestic Entity” means a Business Entity formed in Wyoming.
(l) “Each Violation” means each instance where the Registered Agent Act is violated by a Registered Agent per each Business Entity represented. As applied, if a Registered Agent represents five entities and violates the Act in the same way for each entity, Each Violation would equate to five separate violations of the Act.
“Entity” or “Entities” means Business Entity or Business Entities.
“Foreign” means an entity not formed under Wyoming law.
(o) “Mailing Address” means an address where mail is received and it may be separate from the physical street address. The Mailing Address may be a post office box.
“Natural Person” means an individual who is not a Business Entity, association or other legal or commercial entity.
(q) “Notice Of Resignation” means the notice that a Registered Agent sends to the Business Entities he represents to inform those Entities that he is resigning.
“Physical Location” means the physical street location of the Registered Office, which is not a post office box or a drop box.
(s) “Physical Street Address” or “Street Address” means physical street location of the Registered Office, which is not a post office box or a drop box.
(t) “Places Of Business” means any location that has a street address in Wyoming, which is not a post office box or a drop box.
(u) “Principal Office” means the principal place of business for the Entity, regardless of location, and which may be, but does not need to be, a Registered Office.
(v) “Statement Of Resignation” means a statement of resignation filed with the Secretary of State.
(w) “Written Agreement Creating An Agency Relationship” means any written document that establishes or grants authority to one or more Natural Persons or to one or more particular positions, such as receptionist, to accept service of process for the Registered Agent for the entities served by that Registered Agent. Such document may be, but is not limited to, a contract, a letter agreement, or a clause within an employment contract. A single document may serve as authorization for each Natural Person representing the Registered Agent without listing each Natural Person individually.
| (a) | Annual registration of Commercial Registered Agent | $25 |
|---|---|---|
| (b) | Amendments to Commercial Registered Agent Filings | No fee |
| (c) | Resignation of Commercial Registered Agent | No fee |
(a) The Secretary of State may prescribe forms.
(b) The written consent to appointment by the Registered Agent need not be on a prescribed form, however, the consent:
(i) Must contain the name of the entity represented;
(ii) Must contain a statement by the Registered Agent that it, he or she voluntarily consents to the position;
(iii) Must contain the printed name and title of the person signing; and (iv) Must be manually signed and dated by the Registered Agent, who is a Natural Person; if the Registered Agent is a business entity, then it must be signed by an officer, director, partner, manager, or other person authorized to bind the entity on such matters.