The distinction between the private trust agreement and the public state filing is one of the biggest advantages of the Wyoming Statutory Trust (WST).
When you are the “benefactor” (Settlor), you generally have two different profiles depending on which document is being viewed.
1. The Public Profile: The Certificate of Trust
In Wyoming, the Certificate of Trust is the only document filed with the Secretary of State. Under W.S. § 17-23-114, this document is intentionally sparse to protect your privacy.
- Does NOT list the Benefactor: The name of the person funding the trust (Settlor/Benefactor) is not required to be on this public document.
- Does NOT list Beneficiaries: Your investors or heirs are kept off the public record.
- What IS listed: Only the Trust Name, the Registered Agent, and the name/address of at least one Trustee. Privacy Tip: If you want 100% privacy, many benefactors appoint a “Private Trust Company” or a Wyoming LLC as the Trustee, so their personal name never appears on a government website.
- The Funding Language: “I, [Your Name], as Settlor, hereby transfer $10,000 to the Apex Statutory Trust…”
- The Control Rights: This document describes if the benefactor has the power to fire trustees, veto investments, or dissolve the series.
- The Beneficial Interests: It lists exactly who owns what “units” of the trust.
| Document | Is the Benefactor Named? | Is it Public? | Purpose |
|---|---|---|---|
| Certificate of Trust | No | Yes | Notifies the state the trust exists. |
| Governing Instrument | Yes | No | Sets the internal rules and ownership. |
| Series Supplement | Sometimes | No | Creates a specific sub-fund (Series). |
| Subscription Agreement | No (Investor is named) | No | The contract for raising funds. |
Why this matters for “Raising Funds”
When you go to raise money (as we discussed with the Subscription Agreement), your investors are technically becoming Beneficiaries of a specific series.
- You (The Benefactor) create the “Bucket” (the Series).
- The Investors put their money into that bucket.
- The Law ensures that if one “bucket” leaks (gets sued), the other buckets (and your personal assets) stay dry.
Would you like me to explain how to draft the “Confidentiality” clause for your Governing Instrument to ensure your Trustee cannot legally disclose your identity as the benefactor?