The opening of a physical office or location requires a Wyoming Certificate of Authority (WCA). A WCA must be obtained prior to hiring employees in Wyoming. In addition, licensing authorities in Wyoming do require a Certificate of Authority (CA), while beginning a contract or job in the state requires a Work Authorization (WA).
A Wyoming Annual Report is required for companies that are qualified to operate in Wyoming under Foreign Qualification law. This includes companies that hire employees in Wyoming.
An annual report should be filed every year within 30 days after the close of each calendar year. Companies that qualify to operate in Wyoming under foreign qualification laws must file an annual report.
Companies that are qualified to operate under foreign qualification laws must submit an annual report to the Division of Corporations and Commercial Code. The annual report is available for public viewing on the Division of Corporations & Commercial Code website.
There is no charge to file an annual report. However, there is a $50 fee to file an annual report electronically.
To file an annual report online go here.
Table of Contents
What does a Wyoming authority certificate entail?
A Wyoming certificate of authority is required to operate legally within the state’s borders. Businesses must obtain one if they want to conduct operations in Wyoming. There are many different methods to obtain a certificate of authorization including filing an application directly through the department of commerce or hiring a professional service to assist you in completing the process.
When do I need a certificate of authority?
An employer must obtain a Certificate of Authority (COA) prior to hiring an employee from outside of New York. This applies to both temporary and permanent positions. If you are hired from out of state, you must complete a COA application form. You must submit one copy of the completed form to the Division of Labor Standards Enforcement (DLSE).
The DLSE will mail you a Certificate of Authority within 10 working days. Your employer must keep a copy of the signed COA for three years.
If you are hired from within New York, you do not need a COA. However, you still need to file a W-9 Form with the IRS.
The significance of a Certificate of Authority
A certificate of authority is required in order to legally operate a business in every state. This document proves that you are qualified to do business in that state. You must submit it when applying to register a business in a new location. Once approved, you will receive a certificate of authority, which is valid for one year. After that period, you will need to renew it. If you fail to renew within the allotted time frame, your business registration will expire.
How can I obtain a Wyoming authority certificate?
A Wyoming corporation must appoint a registered agent in the state. This person serves as the company’s representative in the state, receiving mail sent to the company at its correct address and filing important papers on behalf of the company. In addition, the registered agent helps ensure that the company complies with Wyoming laws. If you are incorporated in Wyoming, you must designate a registered agent in the following manner:
1. Select a name for the registered agent. You cannot use your home address; it must be a commercial office location.
2. File a statement of organization with the Secretary of State.
3. Pay $25 annually to maintain the registration.
4. Mail a copy of the form filed with the Secretary of State to the Registered Agent at the address listed above.
5. Keep the original document filed with the Secretary of the State.
6. Send copies of all filings to the Secretary of State. Failure to send copies of all filings can lead to fines.
For Foreign Corporations:
Wyoming Does Not Require Agency Certification If Articles Of Incorporation Or Organization Papers Are Filed In Another State
A foreign corporation that wants to do business in Wyoming must obtain a certificate of authority from the secretary of state. However, some states don’t require such a certificate if the articles of incorporation or organization documents are filed in another state, according to the Wyoming Secretary of State’s Office.
The office says that foreign corporations filing articles of incorporation or organization in another state generally aren’t required to file a certificate of authority unless the state where the corporation is incorporated requires one. The office adds that there are exceptions to this rule, including if the state where the corporation files its articles doesn’t allow foreign corporations to incorporate.
A certificate of good standing must also be obtained before applying for corporate name changes, according to the Wyoming secretary of state’s office.
An agent cannot represent a corporation without obtaining its certificate of good standing, the office says.
Foreign Limited Liability Companies:
Wyoming does not require foreign limited liability companies (LLCs) to file an agent’s statement if they already have a registered copy of the company’s articles of organization filed with Wyoming’s Secretary of State.
A foreign LLC must file a “Certificate of Good Standing,” if it wants to transact any business in Wyoming. This document lists the name of the foreign LLC, the address where the LLC is located, the date the LLC was formed, and the names of the owners of the LLC.
The foreign LLC must register with the Wyoming Department Of Revenue before transacting any type of business in Wyoming.
Foreign Nonprofit Corporations:
A foreign nonprofit corporation must obtain authorization to do business in Wyoming. This process is very simple. There are many benefits to getting this authorization.
For Foreign Limited Partnerships:
A foreign limited partnership must file with the secretary of state’s office if it does any one of the following:
1. Owns real property located outside Wyoming;
2. Conducts business in Wyoming;
3. Has an officer, director, managing member, employee, agent, representative, or partner who resides in Wyoming;
4. Has assets worth $500,00 or more;
5. Is formed under Wyoming law;
6. Has been registered in another jurisdiction;
When will the Wyoming Certificate of Authority be processed by the state?
Foreign corporation filings aren’t complicated. They’re just like domestic filings except you’ll need to fill out a separate form for each state where you want to do business. You’ll also need to pay a $25 filing fee and provide proof of incorporation in the state you want to register in. If you don’t know how to incorporate, we can help you find a qualified attorney.
There are three ways to complete a Wyoming corporate application: online; via mail; or fax. We offer free consultations and our fees include the filing fees; Wyoming registered agent service; the filing fee; and the cost of the registration.
If you’d rather use one of those methods, here’s what you need to know about filling out the paperwork.
You can apply for a Wyoming certificate of authority online. Just go to the Wyoming Secretary of State’s website and follow the instructions. Make sure you’ve got everything ready before you start filling out the form. When you finish, print out the completed document and send it to us along with the $25 filing fee.
Frequently Asked Questions
What is a registered agent?
A registered agent is someone designated to receive legal documents on your behalf. This person is usually a member of your board of directors, such as a secretary or treasurer. He or she works for your corporation, LLC, or limited liability company. In some cases, it might even be a friend or family member.
When preparing your Wyoming Certificate of Authority form, you must list a valid Wyoming address for your registered agent. If you don’t already have one, we’ll help you find one. You can use ours, or choose another option.
Do the signatures on the Wyoming corporation application need to be original?
Wyoming requires corporations applying for a state charter to sign the document under penalty of perjury. This requirement applies to both individual and corporate applicants. If you are a member of the board of directors of a corporation, you must personally sign the document. You cannot delegate your signature.
The Wyoming Secretary of State’s Office says the purpose of this rule is to ensure that the person signing the documents is actually authorized to do so. However, it appears that some applicants simply copy and paste the required information into the form without making any changes. In fact, many people don’t even realize that there is anything wrong with this practice.
A recent article published by the Wyoming Business Law Journal states that this is perfectly acceptable because the applicant isn’t being charged with filing false statements. Even though it might seem like a harmless way to go about things, it could still cause problems down the road. For example, if someone later claims that he or she didn’t know what was happening, it could be difficult to prove otherwise.
If you are considering submitting a corporation formation application to the Wyoming Secretary of State‘s office, make sure you check out our guide on how to file a Wyoming corporation application.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.