The Certificate of Trust is the Wyoming Secretary of State form headed "Statutory Trust, Certificate of Trust." It identifies a statutory trust by name, lists at least one authorized trustee and the trust's registered agent, and gives its mailing and principal office addresses. People setting up a Wyoming statutory trust use this certificate of trust when they file with the Secretary of State. On FillingPDF you can fill out the form online and download or print the completed PDF; the Secretary of State publishes the original PDF and receives the filing.
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What is ST-CertificateTrust?
The Certificate of Trust (form ST-CertificateTrust) is the Wyoming Secretary of State form that lists a statutory trust's name, a trustee, its registered agent, addresses and any future effective date, and is executed by a trustee.
The Wyoming Secretary of State is the state agency that receives the filing. The form is part of the office's Statutory Trust instructions package, and the PDF printed with it carries a second page, the Consent to Appointment by Registered Agent, on which the registered agent certifies compliance with W.S. 17-28-101 through W.S. 17-28-111.
The form is built from eight numbered items:
- Item 1, the name of the statutory trust. The name need not include the words "statutory trust"; if it includes the word "trust," that word must immediately follow the word "statutory."
- Item 2, the name and address of at least one trustee authorized to manage the trust.
- Item 3, the name and physical address of the registered agent.
- Items 4 and 5, the trust's mailing address and principal office address.
- Item 6, an optional future effective date or time.
- Item 7, a certification box for accepting electronic service of process under W.S. 17-28-104(e).
- Item 8, execution by one or more trustees, followed by a contact person with a required email address.
The email addresses provided receive reminders, notices and filing evidence from the office.
Who needs to file ST-CertificateTrust?
The form is for a statutory trust that is being filed with the Wyoming Secretary of State. A trustee authorized to manage the trust completes it and signs it in item 8; the form has room for three trustee signatures, and item 2 requires at least one trustee's name and address.
The registered agent is a separate participant. The agent may be an individual resident in Wyoming or a domestic or foreign business entity authorized to transact business in Wyoming, and must have a physical address in Wyoming. The registered agent signs the Consent to Appointment by Registered Agent page.
The form does not say who may sign on a trustee's behalf, and it does not describe any exemption. If you are unsure whether your entity must file, call the Secretary of State's office at 307.777.7311 or write to [email protected].
When to file ST-CertificateTrust
The form prints no filing deadline: you submit it when the statutory trust is to be filed. If the certificate should not take effect on filing, item 6 lets you enter a future effective date (mm/dd/yyyy) or time.
After filing, the office says processing takes up to 15 business days from the date it receives your documents. Wyoming statutes do not allow expedited filing, and filings are processed in the order received. You can see which day is currently being processed at http://wyobiz.wyo.gov.
Plan for the later deadline too. An annual report is due on or before January 2 each year. If it is not paid within thirty (30) days of the due date, the entity becomes delinquent and the fee increases; if it is not filed by April 1, the entity is subject to dissolution/revocation.
Documents you need
- The Consent to Appointment by Registered Agent page from the same PDF, signed and dated by the registered agent, with the agent's printed name, title, daytime phone and required email.
- The filing fee, paid by check or money order payable to Wyoming Secretary of State; the amount is set by the office.
- A Registered Agent Information Update form, only if you are an existing registered agent and the address on record does not match the address given on this form.
How to fill out ST-CertificateTrust
Enter the statutory trust's name
In item 1, write the name of the statutory trust. It need not include the words "statutory trust"; if it includes "trust," that word must immediately follow the word "statutory."
List an authorized trustee
In item 2, enter the name and address of at least one trustee authorized to manage the statutory trust.
Identify the registered agent
In item 3, enter the agent's name and Wyoming physical address, including any suite number. Do not use a drop box; add a PO Box only if mail is received there, in addition to the physical address.
Enter mailing and principal addresses
In item 4, write the statutory trust's mailing address. In item 5, write the principal office address.
Set a future effective date if needed
In item 6, enter a future effective date (mm/dd/yyyy) or time only if the certificate should not take effect when filed. Otherwise leave it blank.
Check the certification box
In item 7, check the box to consent, on behalf of the business entity, to accept electronic service of process at the email address on the form under W.S. 17-28-104(e).
Sign and date as trustee
In item 8, a trustee signs, dates (mm/dd/yyyy) and prints a name. The form has space for three trustees.
Add contact person details
Enter the contact person, daytime phone number and an email address. The email is required and receives reminders, notices and filing evidence.
Complete the registered agent consent
On the Consent to Appointment by Registered Agent page, enter the agent's name, registered office address and the entity's name. The agent signs, dates, prints name, title, daytime phone and email.
Review, download and print the PDF
Check that every item is complete, since incomplete forms cannot be processed. Download or print the completed PDF from FillingPDF and prepare the package described under How to submit.
How to submit ST-CertificateTrust
The instructions tell you to mail your documents to the Wyoming Secretary of State; the form names no other channel.
- By mail: Wyoming Secretary of State, Herschler Building East, Suite 101, 122 W 25th Street, Cheyenne, WY 82002-0020. Send the completed certificate, the registered agent's signed consent and the filing fee.
- Fee: a filing fee applies. Pay by check or money order payable to Wyoming Secretary of State. Ask the office for the current amount at 307.777.7311 or [email protected].
- Completeness: review the form before you send it. The office cannot process incomplete forms.
- Status: processing takes up to 15 business days after receipt; check http://wyobiz.wyo.gov to see the day currently being processed.
Questions about sales and use tax go to the Department of Revenue (307.777.5200), and workers' compensation or unemployment insurance questions go to the Department of Workforce Services (307.777.8650). FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Mailing an incomplete form; the Secretary of State's office states it cannot process incomplete forms.
- Listing a drop box as the registered agent's address. A drop box is not acceptable; a PO Box is accepted only in addition to a Wyoming physical address.
- Leaving out the suite number in the registered office address when the office has one.
- Leaving the contact email blank. The form says an email address is required, and reminders, notices and filing evidence are sent there.
- Skipping the item 7 checkbox, which is the required certification to accept electronic service of process under W.S. 17-28-104(e).
- Naming the trust with the word "trust" placed anywhere other than immediately after the word "statutory" in the name.
- Sending the certificate without the registered agent's signed Consent to Appointment by Registered Agent.
- Paying the filing fee in a form other than a check or money order payable to Wyoming Secretary of State.
- Using a format other than mm/dd/yyyy for the item 6 future effective date or the signature dates.
- Overlooking the annual report due on or before January 2 each year, which leads to delinquency and possible dissolution/revocation.
Frequently asked questions
What is a certificate of trust for a Wyoming statutory trust?
It is the Wyoming Secretary of State form headed Statutory Trust, Certificate of Trust. It gives the trust's name, an authorized trustee, the registered agent, mailing and principal office addresses, and any future effective date, and a trustee signs it.
Is there a fee to file the Certificate of Trust?
Yes. The instructions state a filing fee payable by check or money order to Wyoming Secretary of State. The amount is not repeated here; confirm it with the office at 307.777.7311 or [email protected] before mailing.
How long does the Wyoming Secretary of State take to process it?
Up to 15 business days after the office receives your documents. Wyoming statutes do not allow expedited filing, and filings are handled in the order received. The day currently being processed appears at http://wyobiz.wyo.gov.
Who can be the registered agent on a certificate of trust?
An individual resident in Wyoming, or a domestic or foreign business entity authorized to transact business in Wyoming. The agent needs a physical Wyoming address; a drop box is not acceptable, and a PO Box is accepted only in addition to the physical address.
Is an email address required on the form?
Yes. The contact section and the registered agent consent both say an email address is required. Email addresses provided receive important reminders, notices and filing evidence. Item 7 also concerns electronic service of process under W.S. 17-28-104(e).
Can I fill out the certificate of trust online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file anything; you mail the completed form to the Wyoming Secretary of State.
Do I have to file an annual report after the certificate?
The form's note says an annual report is due on or before January 2 each year. If it is not paid within thirty days of the due date the entity becomes delinquent and the fee increases. If not filed by April 1, the entity is subject to dissolution/revocation.
Can the certificate take effect on a later date?
Yes. Item 6 lets you enter a future effective date (mm/dd/yyyy) or time if the certificate is not to be effective upon filing. If you leave it blank, the certificate takes effect when it is filed.
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