To establish a Wyoming Statutory Trust (WST), you must follow the specific procedures outlined in the Wyoming Statutory Trust Act. Unlike a private “Family Trust,” a Statutory Trust is a registered legal entity with the state, similar to an LLC or Corporation.
Here are the formal requirements to open one:
1. Appoint a Wyoming Registered Agent
You must have a registered agent with a physical address in Wyoming. This person or company is responsible for receiving legal service of process and official state communications on behalf of the trust.
2. File a Certificate of Trust
The primary legal step is filing a Certificate of Trust with the Wyoming Secretary of State. This document officially brings the trust into existence. It typically must include:
- The name of the trust (which must contain the words “Statutory Trust,” “S.T.,” or “ST”).
- The name and address of the Wyoming registered agent.
- A statement that the trust is a statutory trust.
- The date the trust is to be effective (if not the date of filing).
3. Draft a Governing Instrument (Trust Agreement)
While the Certificate of Trust is a public filing, the Governing Instrument is a private document. This is the “rulebook” for your trust. To utilize the Series feature you mentioned earlier, this document must specifically:
- Authorize the creation of one or more series.
- Clearly state that the debts, liabilities, and obligations of a particular series are enforceable only against that series and not against the assets of the trust generally or any other series.
4. Meet the “One Trustee” Requirement
Wyoming law requires that at least one trustee be a “Wyoming Trustee.” This means the trustee must be:
- A person who resides in Wyoming; or
- A Wyoming corporation or LLC; or
- A bank or trust company authorized to do business in Wyoming.
5. Obtain an EIN
Even though it is a trust, if it is engaging in business or opening bank accounts, you will need an Employer Identification Number (EIN) from the IRS. If you have a Series Trust, you may need a separate EIN for the Master Trust and each individual series, depending on how you choose to file taxes.
6. Compliance and Formalities
To maintain the “asset partitioning” (the legal wall between series), you are required to:
- Keep Separate Records: Maintain distinct financial records for each series.
- Hold Assets Separately: Assets must be titled specifically to the series (e.g., “ABC Statutory Trust, Series A”).
- Maintain Separate Bank Accounts: Do not commingle funds between different series.
Summary of Costs (Current State Fees)
- Initial Filing Fee: Usually around $100 paid to the Secretary of State.
- Annual Report: Wyoming requires an annual report filing, which starts at a minimum of $60 (based on assets located within Wyoming).
Disclaimer: I am an AI, not an attorney. Because Wyoming Statutory Trusts involve complex tax and liability laws, you should consult with a legal professional or a specialized Wyoming business formation service before filing.