Before you form a limited liability company (LLC) in Wyoming, you’ll need to appoint a registered agent. But what is a registered agent? What are they required to do, and who can be one?
What is a Wyoming Registered Agent?
A registered agent is an individual or business that is designated by the LLC members (owners) to receive important legal documents on behalf of the company. This position is needed in order to ensure that the right people within an LLC are notified in person when there are time-sensitive events, such as the service of process for lawsuits. The agent also receives important notices from the state, such as garnishment notices against employees, notices of the annual report due dates, and tax notifications, and relays them to the LLC owners.
What does a Registered Agent do in Wyoming?
The duties and requirements of the registered agent are found in Wyoming Statutes § 17-28-101. These say LLCs will have and continuously maintain a registered agent and registered office within the state. The address must be a street location, not a P.O. box or mailbox service. The registered agent may be one of the following:
- An individual who is at least 18 years of age, resides in Wyoming, and whose business office is identical with the registered office;
- A domestic business entity whose business office is identical with the registered office and which has a written agreement creating an agency relationship with an individual providing for acceptance of service of process;
- A foreign (out-of-state) business entity authorized to transact business in this state with a business office is identical with the registered office and which has a written agreement creating an agency relationship with an individual providing for acceptance of service of process; or
- A properly registered commercial registered agent.
Should you be your own Wyoming Registered Agent?
At first you may think that the easiest option is to be your own registered agent, but there are some good reasons to instead use a registered agent service instead, such as:
- Availability – A registered agent generally needs to be available at the principal address during normal business hours to receive service of process. This makes it difficult to leave the office to run errands, meet up with clients, etc.
- Avoiding Embarrassment – If you serve as your own registered agent and someone sues the business, you could have papers served to you at your office in front of clients. That could be both embarrassing and detrimental to your business.
- Compliance Reminders – Some registered agent services (like ZenBusiness) provide reminders of upcoming state requirements, such as filing annual report filings.
- Penalties and Fees – Your LLC could be fined or even dissolved by the state of Wyoming if you fail to continuously maintain a current registered agent.
How is a Wyoming Registered Agent Appointed?
You’re required to name your registered agent or registered agent service when you complete the official paperwork with the state to form your LLC, so you need to make that decision before you begin that process. Always be sure to inform whomever you’re appointing and get their permission before making them a registered agent.