reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0020 - Trademark Act › Chapter 1 - TRADEMARK INFORMATION › Section 1-1 - General Provisions

Current through July 13, 2024
(a) Authority.
				These rules are promulgated by the Secretary of State under
				W.S.
				40-1-116.
(b) Definitions.
(i) "Applicant" means a person who has
				submitted an application for the registration of a mark to the Secretary of
				State.
(ii) "Authorized" is defined
				as being officially registered with the Secretary of State.
(iii) "Common ownership" means two or more
				businesses which are owned by the same person.
(iv) "Deceptively similar" means a proposed
				business name, trademark or service mark which is similar in appearance to,
				similar in sound to, or most pertinent words are the same as, an authorized
				trademark or service mark.
(v)
				"Proposed business name user," "proposed business mark user," "proposed
				business name," "proposed business mark" or phrases of similar import mean the
				applicant which is defined above.
(vi) "Ten days" means ten (10) business
				days.
(vii) "Twenty days" means
				twenty (20) calendar days.
(viii)
				"Written notice" means delivery by standard United States mail unless otherwise
				noted in the statute or rules. The Secretary of State may send notice by a more
				expedited or secure method such as priority mail, express delivery service, or
				email.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0020 - Trademark Act › Chapter 1 - TRADEMARK INFORMATION › Section 1-2 - Refused Mark Application

Current through July 13, 2024
(a) Marks Which
				Cannot be Registered. In addition to the provisions found in
				W.S.
				40-1-102, a mark cannot be registered which
				is:
(i) A livestock brand;
(ii) An internet domain name;
(iii) A mark containing the Bucking Horse and
				Rider (BH&R) mark, as federally registered by the Secretary of State on
				behalf of the State of Wyoming. See rules regarding the BH&R at
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0020 - Trademark Act › Chapter 1 - TRADEMARK INFORMATION › Section 1-3 - Classification of Marks

Current through July 13, 2024
(a) Classification.
(i) The following general classes of goods
				and services are established for convenience of administration of
				W.S.
				40-1-101 through -102. A single application
				for registration of a mark may include any or all goods upon which, or services
				with which, the mark is actually being used comprised in a single class. In no
				event shall a single application include goods or services upon which the mark
				is being used which fall within different classes of goods or
				services.
(ii) The classes are as
				follows:
(A) Goods:
1
Raw or partly prepared materials
2
Receptacles
3
Baggage, animal equipments, portfolios,
						  and pocketbooks
4
Abrasives and polishing materials
5
Adhesives
6
Chemicals and chemical compositions
7
Cordage
8
Smokers' articles, not including tobacco
						  products
9
Explosives, firearms, equipments, and
						  projectiles
10
Fertilizers
11
Inks and inking materials
12
Construction materials
13
Hardware and plumbing and steam-fitting
						  supplies
14
Metals and metal castings and forgings
15
Oils and greases
16
Paints and painters' materials
17
Tobacco products
18
Medicines and pharmaceutical preparations
19
Vehicles
20
Linoleum and oiled cloth
21
Electrical apparatus, machines, and
						  supplies
22
Games, toys, and sporting goods
23
Cutlery, machinery, and tools, and parts
						  thereof
24
Laundry appliances and machines
25
Locks and safes
26
Measuring and scientific appliances
27
Horological instruments
28
Jewelry and precious-metal ware
29
Brooms, brushes, and dusters
30
Crockery, earthenware, and porcelain
31
Filters and refrigerators
32
Furniture and upholstery
33
Glassware
34
Heating, lighting, and ventilating
						  apparatus
35
Belting, hose, machinery packing, and
						  nonmetallic tires
36
Musical instruments and supplies
37
Paper and stationery
38
Prints and publications
39
Clothing
40
Fancy goods, furnishings, and notions
41
Canes, parasols, and umbrellas
42
Knitted, netted and textile fabrics, and
						  substitutes therefor
43
Thread and yarn
44
Dental, medical, and surgical appliances
45
Soft drinks and carbonated waters
46
Foods and ingredients of foods
47
Wines
48
Malt beverages and liquors
49
Distilled alcoholic liquors
50
Merchandise not otherwise classified
51
Cosmetics and toilet preparations
52
Detergents and soaps
(B)
				Services:
100
Miscellaneous
101
Advertising and business
102
Insurance and financial
103
Construction and repair
104
Communications
105
Transportation and storage
106
Material treatment
107
Education and entertainment
108
Technology and technology services
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0020 - Trademark Act › Chapter 2 - REFUSED MARK APPLICATION › Section 2-1 - Procedure if Filing is Refused

Current through July 13, 2024
(a) If a filing
				officer refuses a mark because it is the same as, or deceptively similar to, a
				currently authorized mark, trade name or the name of a juristic person, the
				applicant may file a consent from the authorized business name or mark user if
				the applicant has common ownership with the authorized business name or mark
				user.
(b) If a filing officer
				determines that an application is not entitled to registration for any reason
				set forth in
				W.S.
				40-1-102, the filing officer shall notify the
				applicant within twenty days after the application is delivered, that it is not
				entitled to registration with a brief, written explanation of the reason. The
				applicant has ten days from the delivery of the returned application to reply
				in writing or amend its application. Within twenty days after delivery of the
				response or amendment to the Secretary of State, the filing officer shall:
(i) File the application,
(ii) Request the application be amended,
(iii) Request additional
				information, or
(iv) Refuse the
				application.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0020 - Trademark Act › Chapter 3 - CLASSIFICATION OF MARKS › Section 3-1 - Classification

Current through July 13, 2024
(a) The following general classes of goods
				and services are established for convenience of administration of the Wyoming
				Trademark Act. A single application for registration of a mark may include any
				or all goods upon which, or services with which, the mark is actually being
				used comprised in a single class. In no event shall a single application
				include goods or services upon which the mark is being used which fall within
				different classes of goods or services.
(b) The classes are as follows:
(i) Goods:
1. Raw or partly prepared
				materials;
2.
				Receptacles;
3. Baggage, animal
				equipments, portfolios, and pocketbooks;
4. Abrasives and polishing
				materials;
5. Adhesives;
6. Chemicals and chemical
				compositions;
7. Cordage;
8. Smokers' articles, not including tobacco
				products;
9. Explosives, firearms,
				equipments, and projectiles;
10.
				Fertilizers;
11. Inks and inking
				materials;
12. Construction
				materials;
13. Hardware and
				plumbing and steam-fitting supplies;
14. Metals and metal castings and
				forgings;
15. Oils and
				greases;
16. Paints and painters'
				materials;
17. Tobacco
				products;
18. Medicines and
				pharmaceutical preparations;
19.
				Vehicles;
20. Linoleum and oiled
				cloth;
21. Electrical apparatus,
				machines, and supplies;
22. Games,
				toys, and sporting goods;
23.
				Cutlery, machinery, and tools, and parts thereof;
24. Laundry appliances and
				machines;
25. Locks and
				safes;
26. Measuring and scientific
				appliances;
27. Horological
				instruments;
28. Jewelry and
				precious-metal ware;
29. Brooms,
				brushes, and dusters;
30. Crockery,
				earthenware, and porcelain;
31.
				Filters and refrigerators;
32.
				Furniture and upholstery;
33.
				Glassware;
34. Heating, lighting,
				and ventilating apparatus;
35.
				Belting, hose, machinery packing, and nonmetallic tires;
36. Musical instruments and
				supplies;
37. Paper and
				stationery;
38. Prints and
				publications;
39.
				Clothing;
40. Fancy goods,
				furnishings, and notions;
41.
				Canes, parasols, and umbrellas;
42.
				Knitted, netted and textile fabrics, and substitutes therefor;
43. Thread and yam;
44. Dental, medical, and surgical
				appliances;
45. Soft drinks and
				carbonated waters;
46. Foods and
				ingredients of foods;
47.
				Wines;
48. Malt beverages and
				liquors;
49. Distilled alcoholic
				liquors;
50. Merchandise not
				otherwise classified;
51. Cosmetics
				and toilet preparations;
52.
				Detergents and soaps.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0022 - Trade Names and Limited Partnership Names › Chapter 1 - GENERAL PROVISIONS RELATING TO NAME REGISTRATION OF TRADE NAMES AND LIMITED PARTNERSHIP NAMES › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to
				  W.S.
				  16-3-101,
				  40-2-102, and
				  17-14-203.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0022 - Trade Names and Limited Partnership Names › Chapter 1 - GENERAL PROVISIONS RELATING TO NAME REGISTRATION OF TRADE NAMES AND LIMITED PARTNERSHIP NAMES › Section 1-2 - Purpose

Current through July 13, 2024
These rules are adopted to define "deceptively similar" and
				  distinguishable upon the records as those terms are used in
				  W.S.
				  40-2-102, and
				  17-14-203.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0022 - Trade Names and Limited Partnership Names › Chapter 1 - GENERAL PROVISIONS RELATING TO NAME REGISTRATION OF TRADE NAMES AND LIMITED PARTNERSHIP NAMES › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Applicant" means a person who has
				submitted an application for the registration of a trade name, or limited
				partnership name to the secretary of state.
(b) "Authorized" is defined as being
				officially registered with the Secretary of State.
(c) "Common Ownership" means two or more
				businesses which are owned by the same person.
(d) "Deceptively similar" means a proposed
				business name, trademark or service mark which is similar in appearance to,
				similar in sound to, or most pertinent words are the same as, an authorized
				trademark or service mark.
(e)
				"Distinguishable upon the records" is defined in W. S.
										17-16-401(f).
(f) "Five days" means five (5) business
				days.
(g) "Proposed Business
				Name/Mark User" or "Proposed Business Name/Mark" or phrases of similar import
				mean applicant or the application which is defined above.
(h) "Written notice" means delivery by
				standard United States mail unless otherwise notice in the statute or rules.
				The Secretary of State may send notice by a more expedited or secure method
				such as priority mail or express delivery service.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0022 - Trade Names and Limited Partnership Names › Chapter 2 - PROPOSED BUSINESS NAME APPLICATION › Section 2-1 - General Statutory Prohibition

Current through July 13, 2024
(a) A proposed
				business entity name, trademark or service mark shall not be the same as or
				deceptively similar to any trademark or service mark registered in this state
				and shall be distinguishable upon the records of the Secretary of State from
				other business names as provided in W. S.
										17-16-401 and as determined by the Secretary
				of State.
(b) The use of business
				names shall be restricted in the following manner:
(i) The Secretary of State shall not register
				a trade name or limited partnership name including the term "trust" until
				notifying the Department of Audit and receiving written confirmation that the
				entity is a financial institution and has complied with Title 13 of the Wyoming
				Statutes. Entities that are not financial institutions as defined by W.S. W.S.
				W.S.
				13-1-101(a)(ix) will be
				permitted to use the word "trust," or "trust company" in their name only if the
				Secretary of State determines that the words are being used in a way which is
				clearly not related to banking, the trust business or any other financial
				endeavor.
(ii) The Secretary of
				State shall not register a business name which implies it is a degree granting
				institution of higher learning until verifying that it is licensed by the
				Department of Education. If the Department of Education requires licensing and
				the entity is not licensed, then the Secretary of State shall refuse to file
				the documents until licensing is completed. This rule does not apply to
				institutions of higher learning which are exempt from licensing under the
				Department of Education's statutes or rules or to non-educational entities such
				as "University Bookstore, Inc."
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0022 - Trade Names and Limited Partnership Names › Chapter 2 - PROPOSED BUSINESS NAME APPLICATION › Section 2-2 - Procedure if Filing is Rejected

Current through July 13, 2024
(a) If a filing
				officer rejects a proposed business name/mark because it is the same as, or
				deceptively similar to, a currently authorized trademark or service mark or not
				distinguishable upon the records of the Secretary of State from another
				business name currently authorized, the proposed user may file a consent of the
				authorized business name/mark user if the proposed business name user has
				common ownership with the authorized business name/mark.
(b) If a filing officer rejects a proposed
				business name/mark because it is the same as, or deceptively similar to, a
				currently authorized trademark or service mark or not distinguishable upon the
				records of the Secretary of State from another business name currently
				authorized, the filing officer shall notify the applicant, within five days
				after the filing is delivered, that the filing is rejected with a brief,
				written explanation of the reason.
(c) Within five days of delivery of notice of
				rejection, the applicant may appeal the decision to the Secretary of State.
				Such a request must be in writing and should include information as to why the
				appeal should be granted. Within five days after delivery of the appeal
				request, the Secretary of State shall notify the business entity which holds
				the currently authorized name, trademark or service mark that an appeal has
				been filed. The authorized business name/mark user shall be notified that it
				may present information as to why the appeal should/should not be granted. If
				the authorized business name/ mark user chooses to provide information, he
				shall do so within five days of delivery of notice of the appeal
				request.
(d) Within five days after
				all information is to be submitted, the Secretary of State shall issue a final
				decision regarding the appeal. All parties shall be notified of the decision by
				certified letter.
(e) This
				procedure shall be informal and shall not be a contested case proceeding. Any
				final decision may be appealed to the appropriate District Court pursuant to
				the Wyoming Administrative Procedure Act. If the procedure in this Section is
				invoked, the thirty day appeal time provided in
				W.S.
				16-3-114 and Rule 12.04 of the Wyoming Rules
				of Appellate Procedure, does not begin to run until the Secretary of State
				issues a final decision letter as described in the above paragraph.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority and Purpose

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S.
				  W.S.
				  17-28-101, et seq., 2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Fees

Current through July 13, 2024
(a)
Annual registration of Commercial Registered
								Agent
$50.00
(b)
Registered Agent Information Update
$5.00 per affected entity
(c)
Resignation of Registered Agent
$5.00 per affected entity
(d)
Appointment of New Registered Agent and
								Office
$5.00
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Denial of Consent to Appointment

Current through July 13, 2024
(a) If the
				incorporator, organizer, or other person serving in similar capacity of a
				business entity fails to obtain the registered agent's express consent to
				appointment and fraudulently asserted the same in the online formation
				documents for a business entity, then the registered agent may file a Denial of
				Consent to Appointment at any point after discovering the fraud.
(b) After receiving and validating the Denial
				of Consent, the secretary of state shall:
(i)
				Remove the registered agent's name, address, and other contact information from
				the business entity's information; and
(ii) Notify the business at the last known
				mailing or email address.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Forms

Current through July 13, 2024
(a) The Secretary of State may prescribe
				forms.
(b) The written consent to
				appointment by the Registered Agent need not be on a prescribed form, however,
				the consent:
(i) Must contain the name of the
				entity represented;
(ii) Must
				contain a statement by the Registered Agent that it, he or she voluntarily
				consents to the position;
(iii)
				Must contain the printed name and title of the person signing; and
(iv) Must be signed and dated by the
				Registered Agent, who is a Natural Person; if the Registered Agent is a
				business entity, then it must be signed by an officer, director, partner,
				manager, or other person authorized to bind the entity on such matters.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 2 - REGISTERED AGENT APPOINTMENTS, RESIGNATIONS, UPDATES AND OTHER FILINGS › Section 2-1 - Appointment of New Registered Agent and Office

Current through July 13, 2024
(a) A business
				entity may change its registered agent by signing and delivering to the
				secretary of state for filing an Appointment of New Registered Agent and Office
				form along with a written Consent to Appointment by Registered Agent which
				shall include the following information:
(i)
				The name of the business entity;
(ii) The name of the current registered
				agent;
(iii) The street address of
				its current registered office;
(iv)
				The name of the new registered agent;
(v) The street of the new registered office;
				and
(vi) The new registered agent's
				written consent to appointment.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 2 - REGISTERED AGENT APPOINTMENTS, RESIGNATIONS, UPDATES AND OTHER FILINGS › Section 2-2 - Resignations

Current through July 13, 2024
(a) Statement of
				Resignation - No Successor
(i) The Statement
				of Resignation of a Registered Agent is effective when it is filed with the
				secretary of state. This Statement of Resignation shall not be filed until:
(A) At least thirty (30) days following the
				date that the notification of resignation was received by each entity at its
				address last known to the registered agent;
(B) Thirty-five (35) days following mailing
				of the notification of resignation to each entity at its address last known to
				the registered agent; or
(C) The
				business entity provides notice to the registered agent that their services are
				terminated. A copy of this notice shall be provided to the secretary of state
				along with the Statement of Resignation.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 2 - REGISTERED AGENT APPOINTMENTS, RESIGNATIONS, UPDATES AND OTHER FILINGS › Section 2-3 - Registered Agent Information Update

Current through July 13, 2024
(a) A registered
				agent may change their legal name and/or registered office by signing and
				delivering to the secretary of state for filing, a Registered Agent Information
				Update which shall include the following information:
(i) The current name of the registered
				agent;
(ii) The new name of the
				registered agent, if applicable;
(iii) The street address of its current
				registered office;
(iv) The street
				address of the new registered office, if applicable;
(v) A statement that the new registered
				office complies with the requirements of the Act; and
(vi) A statement that the street address of
				the registered office and the street address of the business office of its
				registered agent will be identical.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 2 - REGISTERED AGENT APPOINTMENTS, RESIGNATIONS, UPDATES AND OTHER FILINGS › Section 2-4 - Consent to Appointment by Registered Agent

Current through July 13, 2024
(a) The secretary
				of state may prescribe forms for consent to appointment of a registered
				agent.
(b) The written Consent to
				Appointment by the Registered Agent form shall contain:
(i) The name of the entity
				represented;
(ii) A statement by
				the registered agent that they voluntarily consent to the position;
(iii) The printed name and title of the
				person signing;
(iv) A signature
				and date by the registered agent, who is a natural person; if the registered
				agent is a business entity, then it must be signed by an officer, director,
				partner, manager, or other person authorized to bind the entity on such
				matters; and
(v) A statement by the
				registered agent which certifies that they are in compliance with
				W.S.
				17-28-101 through
				17-28-111.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 3 - RESIGNATION OF REGISTERED AGENT › Section 3-1 - Authority

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S. W.S.
				  W.S.
				  17-28-101,
et seq.,
2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 3 - RESIGNATION OF REGISTERED AGENT › Section 3-4 - Statement of Resignation - No Successor Appointed

Current through July 13, 2024
(a)
Notification of Resignation.
(i)
				To resign, a registered agent must first notify each affected entity in writing
				30 days prior to filing a Statement of Resignation with the Secretary of
				State.
(ii) The Notification of
				Resignation shall be sent to the entitys address last known to the registered
				agent.
(iii) The Notification shall
				be addressed to any officer or other authorized person of the entity, other
				than the registered agent.
(iv) The
				Notification may include a statement that the registered office is also
				discontinued, if applicable.
(v)
				Following receipt of the Notification of Resignation from the Registered Agent,
				the entity has 30 days to provide the Secretary of State with a Statement of
				Change, in compliance with
				W.S.
				17-28-102(a).
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 3 - RESIGNATION OF REGISTERED AGENT › Section 3-5 - Statement of Resignation - Successor Appointed

Current through July 13, 2024
(a) A
				Registered Agent may resign and appoint a new Registered Agent to take his
				place. The Registered Agent that is resigning must sign, date and file with the
				Secretary of State the original and one copy of a Statement of Resignation and
				Change with the following information:
(i) A
				list of all entities from which the registered agent is resigning.
(ii) A statement from each affected entity
				ratifying and approving the appointment of the new registered agent.
(iii) A statement designating the new
				registered office and new registered agent for each entity affected, if
				applicable.
(iv) A statement from
				the new Registered Agent certifying his compliance with the requirements of the
				Registered Agent Act,
				W.S.
				17-28-101
et seq.,
and
				acknowledging his appointment to serve as a Registered Agent for the entities
				listed.
(v) The State of
				Resignation shall include the printed or typed name and title of both the new
				Registered Agent and the current Registered Agent.
(vi) The Statement of Resignation and Change
				may but need not be on the Secretary of States form provided all information
				contained in this section is included. The Statement of Resignation and Change
				may be rejected if it is not legible or complete.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 3 - RESIGNATION OF REGISTERED AGENT › Section 3-6 - Service of Process - No Successor Appointed

Current through July 13, 2024
When a Statement of Resignation is filed and there has been
				  no successor appointed and the entity has not appointed a new Registered Agent,
				  service of process shall be upon the Secretary of State until a new appointment
				  is made or until the entity is administratively dissolved, revoked or
				  forfeited, as appropriate.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 3 - RESIGNATION OF REGISTERED AGENT › Section 3-7 - Failure to Register

Current through July 13, 2024
(a) A Commercial
				Registered Agent registration shall expire on December 31 of each
				year.
(b) A Commercial Registered
				Agent may reregister for the following year between October 1 through December
				31 of the current year.
(c) On
				January 1 of each year, the Secretary of State shall begin dissolution,
				revocation or forfeiture proceedings, as appropriate, against all entities of a
				Commercial Registered Agent whose registration has expired and who has failed
				to register as a Commercial Registered Agent by December 31 of the previous
				year.
(c) In order to stop the
				dissolution process, the business entity must file a Statement of Change of
				Registered Agent with the Secretary of State, in accordance with statutes and
				Chapter 2 Rules. The business entity may choose a different Registered Agent or
				the same Registered Agent as it had previously if that Registered Agent again
				becomes qualified.
(d) The
				Registered Agent shall remain responsible for all of the requirements under the
				Act and these Rules for all entities represented until he either resigns
				according to the Act and these Rules or he registers.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 4 - SERVICE OF PROCESS › Section 4-1 - Authority

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S. W.S.
				  W.S.
				  17-28-101,
et seq.,
2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 4 - SERVICE OF PROCESS › Section 4-4 - Service

Current through July 13, 2024
(a) Service of process shall be accepted on
				behalf of an entity for which the Registered Agent is appointed.
(b) If the Registered Agent is an entity,
				then a natural person having an agency relationship with the Registered Agent
				shall accept service of process.
(c) If an entity does not have a Registered
				Agent or the Registered Agent cannot with reasonable diligence be served, the
				entity may be served at its principal office by registered or certified mail as
				provided in
				W.S.
				17-28-104.
(d) If an entity does not have a Registered
				Agent, the Secretary of State may accept service of process for the entity and
				shall forward it to the entity at its principal office by registered or
				certified mail as provided in W.S. W.S.
				W.S.
				17-28-104.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 4 - SERVICE OF PROCESS › Section 4-5 - Communications Contact Person

Current through July 13, 2024
(a) Every entity
				shall provide to its Registered Agent or the Secretary of State as provided in
				W.S.
				17-28-107(b), the following
				information:
(i) The name of a natural person
				who is:
(A) An officer authorized to receive
				communications from the Registered Agent;
(B) A director authorized to receive
				communications from the Registered Agent;
(C) An employee authorized to receive
				communications from the Registered Agent; or
(D) Designated agent authorized to receive
				communications from the Registered Agent; and
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 5 - REGISTRATION REQUIREMENTS › Section 5-1 - Authority

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S. W.S.
				  W.S.
				  17-28-101,
et seq.,
2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 5 - REGISTRATION REQUIREMENTS › Section 5-4 - Registration Requirements

Current through July 13, 2024
(a) A Registered
				Agent that represents more than ten entities shall annually register with the
				Secretary of State as a Commercial Registered Agent.
(i) If a Registered Agent serves as a
				Registered Agent for an entity or entities that also serve(s) as a Registered
				Agent for more than 10 entities, then that Registered Agent must register as a
				Commercial Registered Agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 6 - DUTIES OF REGISTERED AGENT › Section 6-1 - Authority

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S. W.S.
				  W.S.
				  17-28-101,
et seq.,
2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 6 - DUTIES OF REGISTERED AGENT › Section 6-4 - Duties

Current through July 13, 2024
(a) A Registered Agent shall:
(i) Comply with the Registered Agent
				Act.
(ii) Maintain a Registered
				Office that is a physical location at a street address and not a post office
				box or a drop box;
(iii) Be
				physically present at the Registered Office, or shall have a natural person,
				who has an agency relationship with the Registered Agent and who is authorized
				to accept service of process on behalf of the entities served by the Registered
				Agent, physically present at the Registered Office.
(iv) Keep a copy of the written agreement
				creating an agency relationship between the Registered Agent and the natural
				person who is authorized to accept service of process on behalf of the business
				entities represented by the Registered Agent;
(v) Keep a copy of the name, address and
				phone number of the Communications Contact Person, as required by
				W.S.
				17-28-104(d), unless the
				Registered Agent and entity agree that such information may be filed with the
				Secretary of State, and they comply with W.S. W.S.
				W.S.
				17-28-107(b); and
(vi) Register as a Commercial Registered
				Agent if the Agent serves as a Registered Agent for more than 10 entities,
				including a Registered Agent which serves as a Registered Agent for the
				entities served by another Commercial Registered Agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 6 - DUTIES OF REGISTERED AGENT › Section 6-5 - Record Keeping

Current through July 13, 2024
(a) The Registered
				Agent shall maintain records at the Registered Office as provided by
				W.S.
				17-28-107(a)(v);
				or
(b) If the Registered Agent and
				entity agree, the entity shall file the information required by W.S. W.S.
				W.S.
				17-28-107(a)(v) (A) and (B)
				with the Secretary of State.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 7 - PRODUCTION OF RECORDS › Section 7-1 - Authority

Current through July 13, 2024
The Secretary of State, pursuant to
				  W.S.
				  17-28-111, is authorized to promulgate such
				  rules as are necessary to perform the duties required of him under the
				  Registered Offices and Agents Act, W.S. W.S.
				  W.S.
				  17-28-101,
et seq.,
2008.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 7 - PRODUCTION OF RECORDS › Section 7-4 - Production of Records

Current through July 13, 2024
(a) A record shall:
(i) Contain all information required by law
				and these Rules;
(ii) Be written
				or, if electronic, be able to be immediately printed;
(iii) Be in English, as
				appropriate;
(iv) Be
				legible.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 8 - ACTIONS AGAINST REGISTERED AGENTS › Section 8-1 - Penalties

Current through July 13, 2024
(a) The secretary
				of state may impose up to a $500 civil penalty for each violation of the
				Registered Offices and Agents Act (the Act), pursuant to the grounds cited in
				W.S.
				17-28-109.
(b) The secretary of state may deny or revoke
				any registration of a Commercial Registered Agent, pursuant to the grounds
				cited in
				W.S.
				17-28-109.
(c) The secretary of state may require
				enhanced record keeping of any registered agent, pursuant to the grounds cited
				in
				W.S.
				17-28-109(d). The secretary
				of state may refuse to accept filings for business entities served by a
				registered agent pursuant to the grounds cited in
				W.S.
				17-28-109.
(d) If the secretary of state determines that
				a registered agent has not complied with the duties required in
				W.S.
				17-28-101 and these rules, the following
				actions may be taken by the Secretary of State's Office:
(i) The registered agent shall be notified
				through the email they provided at the time of registration of their failure to
				comply; and
(ii) The registered
				agent shall be provided fifteen (15) days to rectify their
				deficiency;
(iii) If the registered
				agent fails to rectify their deficiency in the time presented, they shall be
				removed as the registered agent for any businesses they represent at which time
				the business(es) will be considered delinquent.
(iv) The registered agent shall be
				administratively actioned and ineligible to represent further entities until
				compliance is achieved.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 8 - ACTIONS AGAINST REGISTERED AGENTS › Section 8-2 - Contested Case Hearing Incorporation by Reference

Current through July 13, 2024
(a) The hearing
				officer shall preside over the formal contested case hearing which shall be
				conducted pursuant to the Wyoming Administrative Procedure Act and the Office
				of Administrative Hearings rules concerning contested case proceedings which
				are incorporated by reference.
(b)
				For the rule incorporated by reference in these rules:
(i) Reference is Chapter 2 " Contested Case
				Proceedings adopted by the Office of Administrative Hearings and effective on
				July 20, 2017, found at:
https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017
;
(ii) The secretary of state has determined
				that incorporation of the full text in these rules would be inefficient given
				the nature of the rules;
(iii) The
				incorporation by reference does not include any later amendments or editions of
				the incorporated matter beyond the applicable date identified in this section;
				and
(iv) The incorporated rule is
				maintained at the Secretary of State's Office and is available for public
				inspection and copying at no cost.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-1 - Duties

Current through July 13, 2024
(a) A registered
				agent shall:
(i) Comply with the Registered
				Offices and Agents Act,
				W.S.
				17-28-101 et seq. (the Act);
(ii) Maintain a registered office that is a
				physical location at a street address and not a post office box or a drop
				box;
(iii) Be physically present at
				the registered office during business hours, or shall have a natural person,
				who has an agency relationship with the registered agent and who is authorized
				to accept service of process on behalf of the entities served by the registered
				agent, physically present at the registered office;
(iv) Keep a copy of the written agreement
				creating an agency relationship between the registered agent and the natural
				person who is authorized to accept service of process on behalf of the business
				entities represented by the registered agent;
(v) Keep a copy of the name, address and
				phone number of the communications contact person, as required by W.S.
				W.S.
				17-28-104(d), unless the
				registered agent and entity agree that such information be filed with the
				secretary of state, and they comply with W.S.
				W.S.
				17-28-107(b); and
(vi) Register as a Commercial Registered
				Agent if the agent serves as a registered agent for more than ten (10)
				entities, including a registered agent which serves as a registered agent for
				the entities served by another Commercial Registered agent.
(vii) In the event of an emergency which
				prevents a natural person from being physically present at the registered
				office, a sign shall be posted in a prominent location providing a phone number
				where a natural person can be reached who can immediately complete all duties
				required by a registered agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-2 - Record Keeping

Current through July 13, 2024
(a) The registered
				agent shall maintain records at the registered office as provided by
				W.S.
				17-28-107(a)(v);
				or
(b) If the registered agent and
				entity agree, the entity shall file the information required by
				W.S.
				17-28-107(a)(v) (A) and (B)
				with the secretary of state.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-3 - Communications Contact Person

Current through July 13, 2024
(a) Every entity
				shall provide to its registered agent or the secretary of state as provided in
				W.S.
				17-28-107(b), the following
				information:
(i) The name of a natural person
				who is:
(A) An officer authorized to receive
				communications from the registered agent;
(B) A director authorized to receive
				communications from the registered agent; or
(C) An employee authorized to receive
				communications from the registered agent.
(D) The designated communications contact for
				the entity shall not be the entity's registered agent or an employee of the
				entity's registered agent unless the registered agent is the entity's officer,
				director, limited liability company member or manager, managing partner or
				trustee.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-4 - Production of Records

Current through July 13, 2024
(a) A record shall:
(i) Contain all information required by law
				and these rules;
(ii) Be written
				or, if electronic, be able to be immediately printed;
(iii) Be in English, as appropriate;
				and
(iv) Be legible.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-5 - Service

Current through July 13, 2024
(a) Service of
				process shall be accepted by the registered agent on behalf of an entity for
				which the registered agent is appointed.
(b) If the registered agent is an entity,
				then a natural person having an agency relationship with the registered agent
				shall accept service of process.
(c) If an entity does not have a registered
				agent or the registered agent cannot with reasonable diligence be served, the
				entity may be served at its principal office by registered or certified mail as
				provided in
				W.S.
				17-28-104.
(d) If an entity does not have a registered
				agent, the secretary of state may accept service of process for the entity and
				shall forward it to the entity at its principal office by registered or
				certified mail as provided in W.S.
				W.S.
				17-28-104.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-6 - Resignation

Current through July 13, 2024
(a) Notification of
				resignation
(i) To resign, a registered agent
				must first notify each affected entity in writing, whether by mail to the
				address mandated by the affected entity's governing statute or by email, thirty
				(30) days prior to filing a Statement of Resignation with the secretary of
				state.
(ii) The notification shall
				be addressed to any officer or other authorized person of the entity, other
				than the registered agent.
(iii)
				The notification may include a statement that the registered office is also
				discontinued, if applicable.
(iv)
				Following receipt of the notification of resignation from the registered agent,
				the entity has thirty (30) days to provide the secretary of state with an
				Appointment of New Registered Agent and Office form, in compliance with
				W.S.
				17-28-102(a).
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 9 - REGISTERED AGENT REQUIREMENTS › Section 9-7 - Series LLC

Current through July 13, 2024
(a) For any LLC
				with series created under W. S.
										17-29-211, a single registered agent shall be
				appointed for the LLC and all series.
(b) No LLC series created under W.S.
				W.S.
				17-29-211 or any other subdivision of a
				business entity shall serve as a registered agent.
(c) For any LLC with one or more designated
				series, a registered agent shall maintain the following information:
(i) A list of all of the LLC's
				series;
(ii) The names and
				addresses of each of the series" members, directors, officers, limited
				liability company managers, managing partners or persons serving in a similar
				capacity; and
(iii) The name,
				physical address and business telephone number of a natural person for each
				series who is authorized to receive communications from the registered agent.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 10 - COMMERCIAL REGISTERED AGENTS › Section 10-2 - Registration Requirements

Current through July 13, 2024
(a) A registered
				agent that represents more than ten (10) entities shall annually register with
				the secretary of state as a CRA.
(i) A
				registered agent representing an entity that is itself registered as a
				Commercial Registered Agent must also register as a CRA.
(ii) In any chain of agency service for an
				entity or entities serving as a Commercial Registered Agent as described above,
				there must be a qualified natural person serving as a Commercial Registered
				Agent at the end of the chain.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 10 - COMMERCIAL REGISTERED AGENTS › Section 10-3 - Failure to Register

Current through July 13, 2024
(a) Failing to
				register annually as a Commercial Registered Agent does not constitute
				resignation.
(b) A Commercial
				Registered Agent may reregister for the following year from October 1 through
				December 31 of the current year.
(c) On January 1 of each year, the secretary
				of state shall begin dissolution, revocation or forfeiture proceedings, as
				appropriate, against all entities represented by a Commercial Registered Agent
				whose registration has expired and who has failed to register as a Commercial
				Registered Agent by December 31 of the previous year.
(d) In order to stop the dissolution process,
				the business entity must file an Appointment of New Registered Agent and Office
				form with the secretary of state, in accordance with the Registered Offices and
				Agents Act (the Act) and rules. The business entity may choose a different
				registered agent or the same registered agent as it had previously if that
				registered agent again becomes qualified.
(e) The registered agent shall remain
				responsible for all of the requirements under the Act and these rules for all
				entities represented until they either resign according to the Act and these
				rules or they register.
Wyoming Administrative Code › Agency 002 - Secretary of State › Sub-Agency 0023 - Registered Offices and Agents Act › Chapter 10 - COMMERCIAL REGISTERED AGENTS › Section 10-4 - Public List

Current through July 13, 2024
(a) Pursuant to
				W.S.
				17-28-106(d), the secretary
				of state may publish a list of Commercial Registered Agents, as it sees fit for
				the benefit of the public. The list may be in any order and format the
				secretary of state deems necessary and fair.
(b) For a Commercial Registered Agent to be
				eligible to appear on the public list, the agent shall:
(i) Be fully compliant with the Registered
				Offices and Agents Act;
(ii) If the
				agent is a business entity, be in good standing with the secretary of
				state;
(iii) Not be sanctioned
				within or outside of Wyoming, if the agent purports to be licensed or a
				registered professional;
(iv) Not
				engage in misleading, deceptive, or harmful advertising or business
				practices;
(v) Not market shell,
				shelf or aged-shelf companies;
(vi)
				Not market business formation with promises of anonymity, secrecy, hidden
				owners, or substantially similar claims;
(vii) Not have any bona fide complaints
				against the agent from customers for a period of two (2) years, as determined
				by the secretary of state; and
(viii) Comply with secretary of state audits
				and requests for information necessary to ascertain compliance with
				qualifications to appear in the published Commercial Registered Agent list.