Wyo. Code R. 002-0023-2 – Registered Agent Appointments, Resignations, Updates and Other Filings

Secretary of State

Registered Offices and Agents Act

Effective Date: 09/22/2021 to Current

Rule Type: Current Rules & Regulations

Reference Number: 002.0023.2.09222021

Chapter 2

Registered Agent Appointments, Resignations, Updates and Other Filings

Section 1. Appointment of New Registered Agent and Office.

(a) A business entity may change its registered agent by signing and delivering to the secretary of state for filing an Appointment of New Registered Agent and Office form along with a written Consent to Appointment by Registered Agent which shall include the following information:

(i) The name of the business entity;
(ii) The name of the current registered agent;
(iii) The street address of its current registered office;
(iv) The name of the new registered agent;
(v) The street of the new registered office; and
(vi) The new registered agent's written consent to appointment.

(b) The form need not be on the secretary of state's form provided all information in this section is included. The form may be rejected if it is not legible or complete.

Section 2. Resignations.

(a) Statement of Resignation – No Successor

(i) The Statement of Resignation of a Registered Agent is effective when it is filed with the secretary of state. This Statement of Resignation shall not be filed until:

(A) At least thirty (30) days following the date that the notification of resignation was received by each entity at its address last known to the registered agent;

(B) Thirty-five (35) days following mailing of the notification of resignation to each entity at its address last known to the registered agent; or

(C) The business entity provides notice to the registered agent that their services are terminated. A copy of this notice shall be provided to the secretary of state along with the Statement of Resignation.

(ii) One signed original and one copy of the Statement of Resignation shall be filed with the secretary of state.

(iii) The Statement of Resignation shall:

(A) List each entity from which the registered agent is resigning. The list shall not contain more than twenty-five (25) entities; and

(B) Include the printed or typed name and title of the registered agent.

(iv) The Statement of Resignation may include a statement that the registered office is also discontinued, if applicable.

(v) The Statement of Resignation may but need not be on the secretary of state’s form provided all information contained in this section is included. The Statement of Resignation may be rejected if it is not legible or complete.

(b) Statement of Resignation – Successor Appointed

(i) A registered agent may resign and appoint a new registered agent to take their place. The registered agent that is resigning shall sign, date and file with the secretary of state the original and one copy of a Statement of Resignation of Registered Agent Successor Appointed and Change of Entity’s Registered Agent and Office with the following information:

(A) A list of all entities from which the registered agent is resigning;

(B) A statement from each affected entity ratifying and approving the appointment of the new registered agent;

(D) A statement from the new registered agent certifying their compliance with the requirements of the Act and acknowledging their appointment to serve as a registered agent for the entities listed;

(E) The Statement of Resignation shall include the printed or typed name and title of both the new registered agent and the current registered agent;

(F) The Statement of Resignation of Registered Agent and Appointment of New Registered Agent and Office may but need not be on the secretary of state’s form provided all information contained in this section is included. The form may be rejected if it is not legible or complete.

(ii) The current registered agent's appointment shall be terminated upon the filing of the required form, and the new registered agent, and new registered office if applicable, shall become effective on the date the form was filed.

Section 3. Registered Agent Information Update.

(a) A registered agent may change their legal name and/or registered office by signing and delivering to the secretary of state for filing, a Registered Agent Information Update which shall include the following information:

(i) The current name of the registered agent;
(ii) The new name of the registered agent, if applicable;
(iii) The street address of its current registered office;
(iv) The street address of the new registered office, if applicable;
(v) A statement that the new registered office complies with the requirements of the Act; and
(vi) A statement that the street address of the registered office and the street address of the business office of its registered agent will be identical.

(b) The form need not be on the secretary of state's form provided all information in this section is included. The form may be rejected if it is not legible or complete.

Section 4. Consent to Appointment by Registered Agent.

(a) The secretary of state may prescribe forms for consent to appointment of a registered agent.

(b) The written Consent to Appointment by the Registered Agent form shall contain:
(i) The name of the entity represented;
(ii) A statement by the registered agent that they voluntarily consent to the position;
(iii) The printed name and title of the person signing;

(iv) A signature and date 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; and

(v) A statement by the registered agent which certifies that they are in compliance with W.S. 17-28-101 through 17-28-111.

(c) The written Consent to Appointment by Registered Agent need not be on the secretary of state’s form provided all information in this section is included. The form may be rejected if it is not legible or complete.