Wyoming Registered Agent Service With a Signed Consent and an Email for Service

Wyoming spells out the agent rules in W.S. 17-28-101 and the sections after it, separate from the LLC Act, and says registered agent at a registered office. The Secretary of State's Business Division in Cheyenne keeps the record, and filing runs through WyoBiz.

The Articles of Organization, under W.S. 17-29-201, are an unnumbered form revised June 2021. The filing fee is $100 under W.S. 17-29-210(a)(i). Online filing adds a credit card processing fee of 2.4 percent of the filing fee, with a minimum of $1, which makes $102.40, and Visa or MasterCard payment is available for online filings only.

Under W.S. 17-28-104 the agent accepts service of process, notice or demand for the entity.

The Articles list the name, an optional close LLC election, the registered agent's name and physical address, a mailing address and the principal office address. An organizer signs, and a contact person, phone and email are required.

The Articles also carry a certification consenting to accept electronic service of process at the required email address, under the circumstances specified in W.S. 17-28-104(e). Section 17-28-101(e) also requires each business entity and registered agent to maintain an email address that the Secretary of State may use to serve documents.

There are no member or manager fields. The filing says nothing about who owns the company.

The statute allows four kinds of agent. One is an individual who is at least eighteen, resides in Wyoming and whose business office is identical with the registered office. Another is a domestic business entity, and a third is a foreign one authorized in Wyoming, in either case with a written agency agreement with an individual. The fourth is a commercial registered agent: a business entity or an individual at least eighteen who is in the business of serving as a registered agent for more than ten entities and is registered as a commercial registered agent.

The Secretary of State's FAQ confirms you can be your own registered agent if you are at least eighteen, live in Wyoming and have a physical Wyoming address and a valid email address.

A commercial agent's registration expires each December 31. The FAQ says an agent that fails to renew is removed on January 1 as the agent for every entity it represented, and those entities are left without a registered agent.

The registered office is a street address in Wyoming that is a physical location where the agent, or a natural person with an agency relationship with the agent, can accept service of process and is physically present. An out-of-state address does not meet it.

The FAQ says post office boxes, drop boxes, virtual addresses, mail forwarding locations and UPS or FedEx stores do not qualify as an acceptable registered office address. The Articles add that a PO Box is acceptable if it is listed in addition to a physical address.

The agent's address appears in the WyoBiz filing search, so a home address named there is published.

Wyoming also regulates the relationship. Under W.S. 17-28-107 the agent keeps records for each entity it represents, including the names and addresses of the directors, officers or LLC managers, the name, physical address and business phone number of a natural person authorized to receive communications from the agent, and a copy of the written agency contract. The records are updated within 60 days of a change.

Under 17-28-104(d), every entity has to provide its registered agent, or the Secretary of State, with the name, mailing address, physical address and business phone number of a natural person who is an officer, director, LLC member or manager, and keep it current. That person is the designated communications contact. An entity that gives its agent false records faces a fine of up to $1,000, imprisonment of up to six months, or both, under 17-28-108(e).

An agent whose certified request for that information goes unanswered can resign within 60 days with no fee, under 17-28-109(b).

The agent signs a separate Consent to Appointment by Registered Agent, revised December 2021, certifying compliance with W.S. 17-28-101 through 17-28-111. A person or company that has not agreed cannot simply be listed.

If you name an individual, confirm they meet the statute and are willing, at the address you list.

The consent also sets the standard for later changes, because a statement of change has to include the new agent's written consent to the appointment.

The fee schedule lists Appointment of New Registered Agent and Office at $5.00. The form, the Appointment of New Registered Agent and Office with the Consent to Appointment, certifies that the new office complies with the Act. It says to mail it with a check or money order payable to the Wyoming Secretary of State, that it cannot be accepted by email, and that processing time is up to 15 business days.

The change is effective when the state records it, not when you sign it. Afterward, check the WyoBiz filing search to see the new agent on the entity.

When you move to Mainstay we prepare and file the appointment and supply the consent, and the $5 is charged at cost. Because processing can take up to 15 business days, keep the old agent in place until the record shows the new one.

A Wyoming agent resigns with a statement of resignation, with a fee of $5 per entity affected. Under W.S. 17-28-103 the statement has to say the agent sent notice to each affected entity at least 30 days before the filing, and the agency appointment ends on the date the statement is filed. The entity then has 30 days after receiving the statement to give the Secretary of State a statement of change.

With no successor, service of process on the entity is made on the Secretary of State until a new appointment is made, and the Secretary of State classifies the entity as delinquent, awaiting administrative dissolution, revocation or forfeiture. Under 17-28-104(b), an entity with no agent may also be served by registered or certified mail at its principal office, or electronically under the consent in its Articles.

If the LLC stays without an agent, the Secretary of State sends notice. Unless compliance is made within sixty days, the LLC is deemed defunct, under W.S. 17-29-705(a).

Reinstatement within two years includes a penalty of $250, and the fee schedule lists Reinstatement for No Registered Agent at $350. If the LLC was dissolved for an unfiled annual report instead, reinstatement means paying the delinquent fees plus $100.

If you are not sure who your current agent is, which happens with older entities or ones you inherited, pull the record from the WyoBiz filing search first. An agent you cannot identify is an agent you cannot cleanly replace, and the public record settles the question.

The Wyoming agent role is $149 a year with Mainstay and renews at $149, with compliance reminders. The annual report and license tax, listed at $61.44 and due on the first day of your anniversary month, is not filed under this service. For a new Wyoming company, the $199 formation package files it, and it also includes the agent, the Articles of Organization and your EIN application.

Mainstay's Wyoming address would be the one on the public record. Papers served on the company are scanned and uploaded the same business day, with nothing charged. Three government mailings a year come with a free scan, and each one beyond that has a per-piece scan or shipping fee. No tier offers free physical forwarding.