How to Form an LLC
1. Find a Business Name
- Business Search: www.wyobiz.wyo.gov
Use the Wyoming Business Center’s search tool to check to see if your desired LLC name is available. If that name is available, “No Results Found” will appear at the bottom of the search tool.
The name of your LLC must include one of the following phrases or abbreviations:[2]
- Limited liability company
- L.L.C.
- LLC
- Limited company
- LC
- L.C.
- Ltd. liability company
- Ltd. liability co.
- Limited liability co.
2. Select a Registered Agent
Each business entity in Wyoming must maintain a registered agent to accept service of process. An individual resident or a business entity authorized to conduct business in Wyoming may be the registered agent, provided they have a physical address in the state. The agent must also sign a Consent to Appointment by Registered Agent form.[3]
3. Register the LLC
There are two options for the registration of your LLC: online (domestic entities only) or by mail.
Option 1: File Online
Go to www.wyobiz.wyo.gov to utilize the state Business Center’s online services.
Select “Limited Liability Company (Domestic)” from the first dropdown menu. Then, if any additional designation applies to your business (for example, if yours is a series LLC), select this designation from the second dropdown menu.
Enter the name of your LLC, making sure that it adheres to the naming requirements specified above.
If your filing will NOT be effective immediately, enter the delayed effective date on the next page.
If the resident agent is already registered in the state of Wyoming, use the search tool to look up their information.
If the agent is not already registered, enter their information manually in the fields at the bottom of the page.
On the following pages, you will have the opportunity to input additional information about your business, including its principal office address and mailing address, organizer information, and additional articles, if necessary.
Review the information entered to ensure that it is correct. After confirming the correct information, check the acknowledgment boxes and enter your electronic signature.
Select “Start Payment Process” to proceed to the Business Division payment processing site. There, you will be able to enter your credit card information and complete the registration process.
Option 2: File By Mail
Complete the appropriate form and send the document, along with a check or money order, to the Wyoming Secretary of State.
Organization Articles – Domestic LLC – For in-state entities.
Filing fee: $100 check or money order made payable to the Wyoming Secretary of State.
Mailing address: Wyoming Secretary of State, Herschler Building East, Suite 101, 122 W 25th Street, Cheyenne, WY 82002-0020
Application for Certificate of Authority – Foreign LLC – For out-of-state entities.
Filing fee: $100 check or money order made payable to the Wyoming Secretary of State.
Mailing address: Wyoming Secretary of State, Herschler Building East, Suite 101, 122 W 25th Street, Cheyenne, WY 82002-0020
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
Any LLC with employees must apply for an Employer Identification Number (EIN) from the Internal Revenue Service to conduct business in Wyoming.[4]
5. Write an Operating Agreement
While an LLC in Wyoming is not legally required to file an operating agreement with the secretary of state, creating such a document is recommended to clarify the business’s internal operations.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
The most common types of tax classification for an LLC are as follows:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” meaning that all profits are taxed as income for the owners/members.
- S-Corporation – As an S-corporation, the shareholders must pay income tax on all business profits and losses, which are sent to the shareholders. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – As a C-corporation, all business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.
7. File Annual Statement
LLCs in Wyoming must submit annual reports to the Secretary of State each year. These reports are due on the first day of the anniversary month of the company’s formation. For example, an LLC formed on March 14 must submit its annual report by March 1.[5]