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How to Start A Wyoming LLC

If you’re looking to start an LLC in the state of Wyoming and need some guidance, then look no further. The professionals here at LLC Formations take great pride in helping others learn the ropes to success. It takes a lot of hard work to get a business started, but it doesn’t have to be a stressful ordeal.

For your best interest, we will break down each step on how to create a Wyoming business. Forming an LLC In Wyoming is actually easier than you may think. Let’s take a look at the basic steps to starting a Wyoming LLC. Once we go over that, we will start breaking down each step into simplified, easy-to-learn details.

What is A Limited Liability Company (LLC)?

A Wyoming limited liability company, also known as an LLC, is a way of operating your business so that it includes asset protection for your personal assets. When you do business as a Wyoming limited liability company, it means that your personal bank accounts, properties, and possessions are kept separately from your LLC in Wyoming if your Wyoming LLC goes into debt or suffers from a lawsuit. Your personal assets will be kept safe and untouchable because of the asset protection offered by the LLC business structure.

If you’re looking to start an LLC in Wyoming, it’s crucial to operate your business as a Wyoming limited liability company so you don’t go into financial ruin if your business doesn’t go according to plan. If you need help with forming your LLC in Wyoming so you can benefit from the asset protection of a limited liability company, contact the professionals at LLC Formations so we can help you get your business structure started.

Forming A Wyoming LLC - The Necessary Steps

1. Search and reserve a name for your Wyoming LLC

2. Select a registered agent for your Wyoming LLC

3. Create the Articles of Organization

4. Create an Operating Agreement for your Wyoming LLC

5. File for an EIN with the IRS

6. File an Annual Report for your LLC in Wyoming

7. Obtain business licenses and permits

8. Wyoming LLC taxes

9. Open a bank account for your Wyoming LLC

1. Search and Reserve a Name for Your LLC

The first step toward forming an LLC In Wyoming is creating the name of your business in Wyoming. You’ll want to ensure that the name is unique and that no other business has it in order for you to start an LLC. To check that the name is not in use, you’ll have to do a Wyoming LLC search. To do this, visit the Wyoming Secretary of State website and conduct a business search for your Wyoming LLC.

Wyoming is really strict about ensuring that the name of an LLC is distinguishable. For instance, if you file your LLC without conducting a name search through the Wyoming Secretary of State and then they discover that name is already used, you will lose your $100.00 filing fee and you will have to start over. It’s imperative that you do a name search before you form a Wyoming LLC.

Quick Tips on Doing the Wyoming LLC Name Search:

a. Always leave out the designator when doing a name search

b. Search for a portion of your name to see any other names that have similarities

c. Leave out all forms of punctuation

d. No need to focus on capitalization during your name search

e. In the name search drop box, select, “Contains”

How Will You Know If Your Name is Available?

The best way to know that your desired name is not available is when the search engine says, “No Results Found”. This indicates that your desired name is likely distinguishable.

If the search engine results show names that are very similar to yours but aren’t exactly the same, then the name will likely be rejected by the state. It’s best to ensure that your name is as unique and distinguishable as possible. Besides, who would want to pay the $100.00 filing fee a second time?

Another interesting detail to note is this: since the state’s website shows whether businesses are currently active and inactive, should an LLC name show that it’s inactive, it’s safe to use as long as it has been inactive for two years or more.

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What Are Some Requirements and Restrictions When Choosing an LLC Name in Wyoming?

As with almost anything done legally, there are some restrictions and requirements for choosing a name so you can form your Wyoming LLC. You have to use a designator at the end of your name. A designator is stating that your business is an LLC.

You can choose from 3 designators:

  1. LLC.
  2. L.L.C.
  3. Limited Liability Company

Your name cannot deceive people into believing that your company is a corporation if it’s a limited liability company. The state will reject any inkling or hint of “corporation” from your name. Additionally, certain words may require special permission or approval from the state in order for you to form a Wyoming LLC with that name.

2. Select a Registered Agent for Your Wyoming LLC

Choosing a Wyoming registered agent isn’t as complicated as it sounds. A Wyoming registered agent is simply a person or business that accepts legal mail for your Wyoming LLC. Legal mail such as court subpoenas, summons, or complaints against your LLC is sent to your registered agent or registered agent service.

The registered agent for your LLC can be you, a trusted friend or family member, or even a company. Commercial Registered Agents are the titles of companies that you choose as your LLC’s registered agent. These companies are purely in business for selecting legal mail on behalf of their customers. They usually charge $100.00 to $300.00 per year for the registered agent service.

In order to qualify as a Wyoming LLC registered agent, you must have a physical address in Wyoming. It cannot be a P.O. Box. The registered agent or registered agent must also be available to receive legal mail from the hours of 9:00 am to 5:00 pm from Monday until Friday. You or your person of choice must be at least eighteen years of age.

By choosing a registered agent service, it makes the process much easier for business owners when they form a Wyoming LLC. It’s especially helpful to those who do not have a physical address in the state of Wyoming. If you fall under the category of Wyoming not being your home state, hiring a company will be very convenient for you as a business owner.

3. Creating the Wyoming LLC Articles of Organization

Now that we’ve covered the details on searching and reserving your LLC’s name and selecting a registered agent, let’s discuss how to file the Wyoming LLC Articles of Organization with the Wyoming Secretary of State.

There are two ways in which you can file your Wyoming LLC Articles of Organization in the state of Wyoming. You can file them online or by mail through the Secretary of State. Either way, the filing fee will be $100.00 and made payable to the Secretary of State. The difference is a matter of approval timing for your LLC formation process.

If you file the Articles of Organization online, your form will be approved instantly by the Secretary of State. Obviously, this is our recommendation for you when you form your Wyoming LLC. However, if you prefer to submit your Articles of Organization by mail, then it’ll be approved within 3 to 5 business days.

Once the Articles of Organization is approved by the Wyoming Secretary of State, your company has been formed.

How Do You Create and Submit the Articles of Organization?

To get started with the process, you’ll visit the Wyoming Business Center’s website. The link for it is here: https://wyobiz.wy.gov/Business/RegistrationInstr.aspx

The Wyoming Business Center’s website allows for eager, new business owners to easily sort through the process of creating their LLC. While you’re there, the website will walk you through the specifics such as:

  1. Desired Business Name – This is where you will enter your LLC’s desired name. Don’t forget the designator!
  2. Period of Duration for the Business – How long do you plan to operate the business? Indefinitely? If you have a planned closure date, be sure to include that date here.
  3. Registered Agent – Give the name and physical address of your chosen registered agent.
  4. Principal Addresses – Enter your LLC’s official and physical address. (If your LLC has more than one physical location in Wyoming, list that as well.)
  5. LLC Organizers – Who owns the business? Who are the members of the LLC? Be sure to list your name and any other owners and organizers for your LLC.
  6. Confirmation – You’re almost there! Simply confirm that all of your information is correct!
  7. Your Signature – Electronically sign your name.
  8. Payment – Set up your payment whether it’s by credit card, debit card or your bank account. Then you’re good to go!

If you choose to set up your limited liability company by mail, the website has the appropriate forms to print out, fill out and mail in. Just be sure to follow the same rules as applied for the online process when you form an LLC by mail.

However, assuming that you’ve chosen to go the online route, Wyoming will process and approve your Articles of Organization instantly. Upon the formation of your LLC, they immediately send the LLC approval paperwork to your email address. This includes:

  • The Certificate of Organization
  • The Filing Receipt
  • The Articles of Organization (the official copy that’s stamped and approved)

You can also download your Certificate of Good Standing for your LLC in Wyoming. This is a great document to keep with your other LLC approval documents when you form a Wyoming LLC. Although it isn’t necessary, we recommend that you download and print the Certificate of Good Standing along with all of the other information.

4. Create an LLC Operating Agreement for Your Wyoming LLC

Although an LLC Operating Agreement isn’t required by the state of Wyoming for the LLC formation process, it’s highly recommended. Drafting an Operating Agreement is important for establishing the rules and regulations for your business entity as well as detailing the operational and financial responsibilities of the LLC. It also provides protection for you and any other LLC members should a conflict ever arise. Since every party involved must sign and agree to the Operating Agreement, everyone must abide by it whether conflict arises or not.

Even single-member LLCs should have an Operating Agreement. If you’re a single-member LLC, the Operating Agreement can still be a helpful guide that keeps your business organized.

What Does it Outline?

1. It states when the Wyoming LLC was officially formed.

2. It states the LLC owners, who it’s managed by, and how it’s managed.

3. It states the investment and ownership percentages of each LLC member.

4. It states how the profits will be divided should a conflict ever arise.

5. It states how changes in management roles would apply should any member leave the Wyoming LLC.

6. It states the process of every member dissolving the LLC should each member agree to leave it.

When you form a Wyoming LLC, Wyoming doesn’t expect LLCs to mail the copy of the Operating Agreement to the Secretary of State. It’s a legal document for you and your business members that provides rules, regulations and protection from future conflict. It’s a great practice to keep copies of your LLC’s Operating Agreement with your other information, especially if your business involves accounting professionals, investors, real estate companies, lawyers, and lenders.

When it comes to owning your own business, you should always be prepared to protect not only yourself, but your business as well.

5. Get An EIN (Employer Identification Number)

You cannot operate a business without an EIN. This stands for, “Employer Identification Number”. This number works for a business just as a social security number works for a person. You apply for it with the IRS, and it’s FREE! It’s important to get an EIN early on in your LLC formation process so you can start doing business as soon as possible.

There are several Wyoming LLC benefits that come with getting an EIN. First and foremost, it assists the IRS in identifying your LLC for tax purposes. You cannot file any taxes without this information.

The EIN also ensures that you can open your LLC bank account and other financial accounts such as credit cards, loans, and more. You will need an EIN to apply for various permits and licenses. Finally, if you’re going to hire employees to work for your Wyoming business, then you’ll need the EIN to handle the employee payroll.

Here are some other names for an EIN:

  • Employer ID Number
  • Federal Employer ID Number
  • Federal Tax Number
  • Federal Tax ID Number
  • Employer Identification Number
  • FEIN
  • EIN Number

Now that you’re familiar with the EIN, let’s move on to discuss the Wyoming LLC Annual Report.

6. Wyoming's LLC Annual Report

It’s important to note that the number one reason any LLC in the state of Wyoming is shut down is largely due to the failure of sending in an Annual Report. This is another detail that the state is strict upon.

Don’t let this worry you too much as the state always sends three reminder notices to the mailing address of your agent. However, should you not receive any reminders, it’s still your responsibility to send the state your Annual Report. Always stay on top of this!

The Annual Report for any LLC in the state of Wyoming is always due BEFORE the first day of your LLC’S birthday month. For instance, if you formed your LLC on October 17, 2018, then your first report will be due before October 1, 2019. In fact, it will ALWAYS be due before the first of October.

So, always keep a reminder of your LLC’s birth date and calculate when your Annual Report is due. It will be that way for every year.

Wyoming LLC Annual Fee

For the state of Wyoming, the Annual report state filing fee is only $50.00. However, that is for most Wyoming LLCs, not all. If your company’s assets are valued at more than $250,000.00 in the state of Wyoming, then the Annual Report fee will be higher for Wyoming LLCs of this value.

There is a specific formula that’s used to calculate an LLC’s Annual Report fee for businesses that have assets worth more than $250,000.00.

The formula looks like this:

$0.0002 times the complete value of the LLC’s total assets.

If you’re not the best in mathematics, don’t worry! Wyoming’s website for filing the Annual Report has a calculator service that configures this formula for you.

7. Business Licenses and Permits

The state of Wyoming does not have a general business license like most other states do. In fact, the state is widely known for this perk! Many people from around the country desire to start businesses in Wyoming for this purpose alone.

Wyoming chooses to leave the licenses and permits to be determined by the type of profession the business entity is involved in. For instance, if you’re a plumber, then you’ll need to provide any permits and licenses that show you’re a certified plumber. Or, if your building needs a permit for the city of residence, then you need a building permit.

However, not being in compliance with the laws of Wyoming’s licenses and permits may result in penalties that’ll threaten your LLC. Be sure to do the research in knowing what type of permits or licenses that you may need for your type of profession.

Listed below are some examples of licenses that you may need in the state of Wyoming:

  • Food Service License
  • General Contractor’s License
  • Sales/Use Tax License
  • Motor Vehicle Dealer License
  • Health Department License
  • Department of Agriculture License
  • Commercial Vehicle License
  • Alcohol and Liquor License
  • Cigarette Wholesaler License
  • Retail License
  • Special Fuel License
  • Vehicle Disposal License

Listed below are some examples permits that you may need in the state of Wyoming:

  • Public Land Permit
  • Insurance
  • Agriculture Permit
  • Fire Prevention Permit
  • Wildlife Permit
  • Building Permit
  • Environmental Protection Permit
  • Consumer Credit Permit
  • Transportation Permit

At LLC Formations, our LLC formation service can research and find out any answers to any questions that you should have. However, for your record, if you want more information on licenses and permits in the state of Wyoming, then you can check out the Wyoming Economic Development Agency’s website at http://www.wyomingbusiness.org/content/licensing-and-permitting

8. State Taxes in Wyoming

Are you sitting down? There are no state taxes in Wyoming. This means that you won’t file a state tax return for your Wyoming LLC. In fact, the state doesn’t place a tax on retirement income or income earned from capital gains or interest. This is another reason that people from around the country desire to open businesses in the state of Wyoming.

And it keeps getting better! Wyoming doesn’t even impose a state income tax on income that’s earned from other states!

However, keep in mind that a few locations may impose taxes on things that other areas do not. This is why we recommend that you let the professionals at LLC Formations help you. We can help you decide whether you should seek an accountant for the location in which you’re placing your LLC in the state of Wyoming. We are experts in the field of forming LLCs and know the varying laws in each state.

9. Opening Your LLC Bank Account in Wyoming

Now that you have officially formed your LLC in the state of Wyoming and have received your EIN number, it’s time to open your business banking account. This is an absolute must for operating a business of any kind as a business owner. You never want to combine your business accounts with your personal accounts, so it’s important to have an account solely for your company.

As we discussed earlier, you will need an EIN to open any kind of financial account for your LLC. We talked about how the EIN is the tax identification number for your LLC just like your social security number is your tax identification number.

It’s a good idea to browse through the different banking institutions in your LLC’s area when you form an LLC. We recommend that you call each bank ahead of time to find out what documents you’ll need to provide for them. Each bank does business differently. There’s no need to waste your time and their time by showing up without the proper documents in hand.

The documents that are usually needed for opening a bank account for an LLC in the state of Wyoming are as follows:

  • The Stamped and Approved Copy of Your Articles of Organization
  • Your LLC Operating Agreement
  • Your EIN Confirmation Letter
  • Driver’s License

How Can LLC Formations Help You?

When you form an LLC, the process can be a little overwhelming. There is a lot of information to be aware of, and there is a lot of paperwork required for you to form your LLC. However, one thing is certain. The asset protection laws of an LLC are important for the safety of you and your business. That’s why the professionals at LLC Formations are happy to help you form your LLC.

We can provide a service for each step of the way, helping you through the paperwork and questions that arise when you commit to starting a new business. Contact the team at LLC Formations to see how we can help you get your company up and running.

You check out our Alabama LLC guide if you’re interested in incorporating in Alabama.

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How to Set Up an LLC in the State of Wyoming - A Summary

Here are the 9 basic steps:

1. Search and Reserve a Name for Your LLC

Remember that the state of Wyoming is very strict on the name of your LLC being distinguishable. It cannot be similar to any other LLC name in the state. They will reject it, and you’ll have to refile again. (You will also have to repay the filing fee of $100.00!) Be sure to have a unique and distinguishable name!

2. Select a Registered Agent

The registered agent can be yourself, a trusted family member or friend or a company. However, the registered agent MUST have a mailing address or office address in the state of Wyoming and they must be eighteen years of age or older. P.O. Boxes do NOT count as physical addresses. If Wyoming isn’t your home state, hire a service to help you.

3. File Articles of Organization

This is the meat of forming your LLC in the state of Wyoming. Be sure to include the name of your LLC and don’t forget the designator when you file Articles of Organization. Once you have submitted the Articles of Organization with Wyoming’s Secretary of State, your LLC will be officially formed.

4. Create An Operating Agreement for Your LLC

Although this is not enforced by the state of Wyoming, it’s highly recommended to draft an Operating Agreement for your LLC. This should state the rules and regulations for your business, the daily operations and financial functions as well as delegating the LLC members and their roles in the company. This document will protect you and your LLC members from any future conflict. Therefore, we highly recommend that you draft an operating agreement for your LLC in the state of Wyoming.

5. File for an EIN with the IRS

You cannot operate a company with the EIN. This is the tax identification number for your business. All taxes are filed with the EIN. The EIN is also needed to open necessary LLC financial accounts such as bank accounts, credit cards and so much more when you form an LLC.

6. File an Annual Report

The state of Wyoming requires LLCs to file an Annual Report every year. Remember that it must be done before the first day of the month in which your formed your LLC in the state of Wyoming.

7. Business Licenses and Permits

Be sure to research all the necessary licenses and permits for your specific profession and location of your business. However, remember that Wyoming does NOT have a general business license!

8. Wyoming State Taxes

Here’s the beauty to this section: Wyoming does not impose state taxes on LLCs. This can save your company a lot of money that can then be put back into your company.

9. Create the Financial and Banking Accounts for Your LLC in Wyoming

Finally, don’t forget to open your banking account and other important financial accounts for your LLC. You’ll need your EIN Certification Letter, driver’s license, a stamped and approved copy of your Articles of Organization, and the Operating Agreement.

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