Everything changes as time goes on. Children grow up. Buildings are built and demolished. Businesses grow and change. So if you have a Wyoming Limited Liability Company (LLC), you should expect to make changes at some point. Many of these will be minor or simple things that you can work out informally with your business partners. However, some changes will affect the fundamentals of your business and, consequently, require a Wyoming LLC amendment. In other words, you’ll have to amend your Wyoming Articles of Organization. Let’s take a look at what amending your Wyoming Articles of Organization means, what the process looks like, and how we can help.
What are Wyoming Articles of Organization?
Wyoming law mandates that all LLCs in the state possess Articles of Organization as a prerequisite to forming. Articles of Organization establish the basic information for your LLC. Specific pieces of information include the LLC’s name, mailing address, registered agent information, and whether it is a close LLC (a kind of LLC with more restrictions than regular LLCs.) The reason that Wyoming requires this information is to make sure that your LLC’s information is accurate and available to the general public.
But maybe you’re just starting out on your LLC journey and haven’t started your business yet. If that’s true, head on over to our Wyoming LLC formation service page to get started.
Step 1: Determine if you need to change your Wyoming Articles of Organization
As mentioned before, the Articles of Organization lay out your LLC’s essential information to the state authorities. You need to give this information to the state to help your business stay in good standing. Consequently, your business must always have updated Articles of Organization.
Although you might be tempted to think this is just a bureaucratic rule, it actually makes a lot of sense. For one, it keeps your business’s contact information up-to-date for public use. On top of that, it guarantees that your LLC’s registered agent’s information is correct for receiving and serving critical legal and financial documents. Third, keeping your LLC’s Articles of Organization up-to-date adheres to the state’s compliance and auditing requirements. If you need help finding a registered agent, use our Wyoming registered agent service.
There can be significant negative consequences if you fail to keep your LLC’s information updated. LLCs without current Articles of Organization cannot obtain a Certificate of Good Standing. A Certificate of Good Standing proves the reputation of your LLC for various third parties (such as banks and vendors). It does this by demonstrating that your business is in compliance with Wyoming’s legal requirements. This is critical for several situations, including :
- Obtaining the services of vendors and contractors
- Applying for loans and grants
- Opening a business checking account with a local bank
Therefore, if you can’t get a Certificate of Good Standing, it can seriously limit your business’s development prospects.
Step 2: Identify what to change in your Wyoming Articles of Organization
To make a Wyoming LLC amendment, you must file a Wyoming Amendment to your Articles of Organization form.
You must include any and all changes that relate to the information in your LLC’s original Articles of Organization. Amendments to the Articles of Organization must also be filed when the LLC’s name has changed, and when there’s a false or erroneous statement in the original Articles of Organization. The Wyoming Secretary of State’s office processes LLC forms, including Amendments to Articles of Organization.
Wyoming law mandates that the Articles of Organization Amendment contain:
- The LLC’s full name
- The identifying number of the amended article(s)
- The date that the LLC submitted the original Articles of Organization
Lastly, an authorized individual must sign the Amendment to Articles of Organization.
Step 3: File your Wyoming LLC amendment
To file an Articles of Organization amendment, you can either drop the form off in person or send it by mail to the Secretary of State’s office. The form will list the current filing fee. The Wyoming Secretary of State accepts only checks or money orders. You cannot pay by credit card, and you can’t file the form via email.
That said, with our Wyoming Worry-Free Compliance service, we can make things easier for you. Instead of taking precious time out of your day to worry about paperwork, we can handle filings like these so that you can focus on the critical tasks.
Wyoming Restated Articles of Organization vs. Amendments to Articles of Organization
One alternative to amending the Articles of Organization is restating them. Wyoming law grants LLCs the ability to restate their Articles of Organization whenever they want. Although a Restatement of the Articles of Organization somewhat resembles an Amendment to the Articles of Organization, there are differences. Restated Articles of Organization work better when you have filed several different amendments over time and want to have all of the changes included in one document.
Wyoming doesn’t offer a Restated Articles of Organization form. Instead, you make your own form and specifically state that it’s a restatement to the LLC’s Articles of Organization in the heading of the document. You can register your Restated Articles of Organization by mail or in person. To learn about the fee for a Restated Articles of Organization, contact the Wyoming Secretary of State’s office.
Because you have to make your own Restated Articles of Organization form, an easier option is to just outsource the task to us. Our Worry-Free Compliance service will help you decide whether you should amend your LLC’s Articles of Organization or restate them.
Wyoming Amendments to Articles of Organization Compared to Statements of Correction
Another optional form that Wyoming offers is a Statement of Correction. It’s best to file a Statement of Correction when you become aware that some of the information in your Articles of Organization is inaccurate. A Statement of Correction is also helpful if you discover that the Articles of Organization have become inaccurate due to a change in the LLC’s circumstances. Statements of Correction are virtually interchangeable with Articles of Organization Amendments.
We can help!
It’s just a matter of time before you need to amend your Articles of Organization. When that happens, you’ll want to make the change as smoothly and as quickly as possible.
We can help you minimize the stress of handling paperwork in the Cowboy State. With our Wyoming amendment service, you can instantly make the needed changes to your LLC’s Articles of Organization. We also offer our Worry-Free Compliance Service, which has several really helpful features. We’ll alert you whenever essential filing deadlines are coming up. We’ll also give you a hand with your annual filings. On top of that, the Worry-Free Compliance service includes two free annual amendments every year. You only need to pay the filing fees. Our service also offers you a thorough plan of action to follow if your LLC ever falls out of good standing with the state.
Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
- Do I need an attorney to amend my Articles of Organization in Wyoming?
No. You only need to have an authorized individual sign the form. This could be almost anyone, including a member, manager, and registered agent. However, if you have any legal questions while filling out the form you may want to consult an attorney.
- What business changes can be reported in a Wyoming LLC Amendment to Articles of Organization form?
You can report many kinds of changes, including changes to the business’s name, address, registered agent, and membership structure. You can also change whether your LLC expires on a certain date or exists in perpetuity.
- Are Wyoming LLC Amendments to Articles of Organization the same as an annual report?
No. Annual reports are forms that you submit every year regardless of whether you make any changes to your LLC’s Articles of Organization.
- How long does it take to file the LLC Amendment to Articles of Organization in Wyoming?
According to the form itself, processing time can take up to 15 business days from the date of receipt. Make sure that you review the form carefully before submitting, as the state will return any incomplete form to you.
- What will I receive from the state of Wyoming when the LLC Amendment to Articles of Organization are filed?
To learn more about what confirmation you’ll receive if you file by mail, contact the Wyoming Secretary of State’s Business Services Division via phone. Their most up to date contact information can be found on their website.