How To Fill Out The Wyoming Articles of Organization
The Wyoming Articles of Organization is the official document filed with the Wyoming Secretary of State to establish a Limited Liability Company (LLC). After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.
To form a Wyoming LLC, you will need to submit the completed LLC Articles of Organization form to the Wyoming Secretary of State. The form can be completed and sent by mail or filed online.
IncFile is currently running a special where you only pay state fees for your LLC formation!
Let’s go over how to fill out the LLC Articles of Organization in Wyoming. To get started, visit the Wyoming Secretary of State’s website and download the form.
Step 1: Pick a Name for the LLC
The first step in filling out the Wyoming Operating Agreement is to pick a business name.
There are a few requirements when choosing a Wyoming LLC name.
1. The name of your LLC must not be too similar to the name of another business entity already registered with the state of Wyoming. You can verify name availability by doing a Wyoming LLC name search with the Wyoming Secretary of State to be sure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
– Limited Company
– Ltd. Liability Company
– Ltd. Liability Co.
– Limited Liability Co.
Enter the LLC name including the identifier to continue. If you choose a name that is taken, the Secretary of State will return your application.
Step 2: Elect to be a Close Limited Liability Company
The Wyoming LLC Act provides an election where the Secretary of State allows certain LLCs to avoid the formalities of operating an LLC, while keeping the benefits of a Wyoming LLC. Generally, this designation is for single-member LLCs and LLCs owned by family and close friends.
If you aren’t sure about the Wyoming Close LLC election, be sure to talk with an attorney or entity formation service.
Step 3: Appoint a Registered Agent
One requirement to have an LLC in Wyoming is to appoint a Wyoming Registered Agent. The Registered Agent is a party that is physically located in the state of Wyoming that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Provided the LLC member lives in the state of Wyoming and is generally available during business hours, they may act as the Registered Agent. Additionally, any adult resident of the state, attorney or accountant in the state, or a Registered Agent Service can also act as the LLC’s Agent.
Related: Should you be the Registered Agent?
Step 4: List the LLC Mailing Address
Enter a mailing address where the Secretary of State can send any correspondence.
A PO Box can be used for the mailing address.
Step 5: Provide a Principal Office Address
The address of the Principal Office may be, but is not required to be, the actual place of the business. It can also be the main location where the business records are kept.
A physical address in the state of Wyoming must be used for the Principal Office as P.O. Boxes are not acceptable.
Step 6: File the Articles of Organization
In this section, the first box is optional and can be checked to provide consent in only receiving the electronic service of process.
Next, an organizer will sign the Articles of Organization.
The Organizer is someone who is involved with the LLC formation. The Organizer may or may not be a member, such as a mentor, attorney, or accountant, but any of the initial member(s) could be listed as an organizer.
It’s important to provide an email address that is regularly checked, as the Secretary of State will send important reminders such as the annual report renewal.
Step 7: Fill out the Consent to Appointment of Registered Agent
The next page of the Articles of Organization form is a form for the Registered Agent to fill out and sign. This form is required to finalize the formation of a Wyoming Limited Liability Company.
The completed forms and state filing fee will be sent to:
Wyoming Secretary of State
Herschler Building East, Suite 101
122 W 25th Street
Cheyenne, WY 82002-0020
You’ve filed your Wyoming LLC Articles of Organization! Now what?
After the LLC is officially filed with the Wyoming Secretary of State, there are a few additional things to follow up on. Below is a list of some of the tasks to consider.
Prepare a Wyoming LLC Operating Agreement
The operating agreement is an internal document that covers items like ownership rights, profit and loss distribution, member responsibilities, and more.
Wyoming Statute § 17-29-110, states that an LLC Operating Agreement is optional. Despite the Operating Agreement not being required, it is recommended to have one as it can help to prevent disputes among members and protect the LLC’s legal status.
Obtain an EIN
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
The EIN will be needed before filing business tax returns, opening a bank account, hiring employees, registering for business licenses and permits, and more.
Related: How to Apply for an EIN