Title 17 · WY
17-30-703, due and payable on or before the date of the annual
Citation: Wyo. Stat. § 17-30-703
Section: 17-30-703
17-30-703, due and payable on or before the date of the annual filing, a fee of one hundred dollars ($100.00);
(iv) A fee for other services provided by the secretary of state which is not established by this section, including other filings, service of process and copying, provided the fee shall not exceed the actual cost of the service.
ARTICLE 8 - RIGHTS AND LIMITATIONS OF CREDITORS
17-30-801. Creditor claim against founder.
The property of a statutory foundation contributed by a founder or a contributor, and all income, appreciation and proceeds thereof, shall not be subject to the claims of a founder's or a contributor's creditor, including any claims for forced heirship or legitime right.
ARTICLE 9 - TERMINATION 17-30-901. Termination.
(a) A statutory foundation may be terminated, and its activities wound up, upon the occurrence of any of the following:
(i) An event or circumstance provided in the operating agreement or articles of formation of the foundation that results in or authorizes termination;
(ii) Upon consent of all adult beneficiaries, the founder and the protector, if any, agree to terminate the statutory foundation, provided that this consent is only valid to the extent that termination is not inconsistent with a material purpose of the statutory foundation;
(iii) Upon a finding of a court that the purpose of the statutory foundation can no longer be achieved.
17-30-902. Cancellation of articles of formation.
(a) The articles of formation of the statutory foundation shall be cancelled upon the completion of termination and winding up of the foundation. A certificate of cancellation shall be filed with the secretary of state and shall set forth:
(i) The name of the statutory foundation;
(ii) The date of filing of its articles of formation; and
(iii) Any other information the board of directors determines is necessary or advisable for inclusion.
(b) The certificate of cancellation shall be effective as of the filing date.
17-30-903. Claims against terminated statutory foundation.
(a) A terminated statutory foundation may publish notice of termination and, in the notice, request persons with claims against the foundation to present them in accordance with the notice.
(b) The notice authorized by subsection (a) of this section shall: (i) Be published at least once in a newspaper of general circulation in the county of this state in which the principal office of the terminated statutory foundation was located or, if the foundation does not have a principal office in this state, in the county in which the designated office of the foundation is or was last located;
(ii) Describe the information required to be contained in a claim and provide a mailing address to which a claim may be sent; and
(iii) State that a claim against the foundation is barred one hundred twenty (120) days after the date of first publication of the notice.
(c) A creditor may file a claim against the assets of a terminated statutory foundation within the earlier of:
(i) One hundred twenty (120) days after the termination of the statutory foundation;
(ii) If the terminated statutory foundation publishes a notice under subsection (a) of this section, one hundred twenty (120) days after the first publication of a notice complying with subsection (b) of this section; or
(iii) One hundred twenty (120) days after a known creditor has been mailed notice, by certified mail return receipt requested. As part of notice under this paragraph, notice shall inform a known creditor:
(A) Of the information required to be included in a claim;
(B) Of the name of the terminated statutory foundation and the mailing address to which a claim may be sent; and
(C) Of the deadline for the known creditor to make a claim, one hundred twenty (120) days after a notice is mailed by certified mail return receipt requested.
(d) A creditor failing to file a claim within the times set forth in this section is prohibited from making a claim against the assets of a terminated statutory foundation. 17-30-904. Administrative forfeiture of authority and articles of formation.
(a) If the registered agent of the statutory foundation has filed its resignation with the secretary of state and the foundation has not replaced its registered agent, or the statutory foundation is without a registered agent or registered office in this state for any reason, the foundation shall be deemed to be operating in this state without authority and to have forfeited any rights or privileges acquired under the laws of this state.
(b) A forfeiture under subsection (a) of this section shall be made effective as follows:
(i) The secretary of state shall mail by first class mail or submit by electronic means a notice of the failure of the statutory foundation to comply with subsection (a) of this section; and
(ii) Unless compliance is made within sixty (60) days of mailing or electronic submission, the statutory foundation shall be deemed defunct and to have forfeited its articles of formation filed in this state.
(c) A statutory foundation, at any time within two (2) years after a forfeiture under subsection (a) or (b) of this section, may be revived and reinstated by filing the necessary statement under this act and paying a reinstatement fee established by the secretary of state by rule, together with a penalty of two hundred fifty dollars ($250.00). A reinstatement fee under this subsection shall not exceed the costs of providing the reinstatement service. The foundation shall retain its registered name during the two (2) year reinstatement period under this section.
(d) If a statutory foundation has failed to pay any fee required by the secretary of state under W.S. 17-30-704 or any penalties imposed under W.S. 17-28-109, the statutory foundation shall be deemed to be operating within this state without authority and to have forfeited any rights or privileges acquired under the laws of this state.
(e) A forfeiture under subsection (d) of this section shall be made effective as follows: (i) The secretary of state shall provide notice to the statutory foundation at its last known mailing address by first class mail or submit by electronic means a notice of the failure of the statutory foundation to comply; and
(ii) Unless compliance is made within sixty (60) days of the date of mailing or electronic submission of the notice, the statutory foundation shall be deemed defunct and to have forfeited its articles of formation filed in this state.
(f) A statutory foundation, at any time within two (2) years after a forfeiture under subsection (d) of this section, may be revived and reinstated by paying the delinquent fees.
(g) Upon reinstatement of a statutory foundation under this section, the reinstatement shall relate back to and take effect as of the date the forfeiture was made effective under this section and the statutory foundation may resume carrying on operations as if the forfeiture was never effective.
(h) A statutory foundation shall be deemed to be operating within this state without authority, to have forfeited any rights or privileges acquired under the laws of this state and shall be deemed to have forfeited its articles of formation filed in this state if:
(i) An organizer, founder or any other person authorized to act on behalf of the foundation signed a document he knew was false in any material respect with intent that the document be delivered to the secretary of state for filing;
(ii) The statutory foundation has failed to respond to a valid subpoena; or
(iii) The public interest is served by forfeiture and the statutory foundation, its founder or any other person authorized to act on behalf of the statutory foundation:
(A) Failed to provide records to the registered agent as required by this act;
(B) Provided fraudulent information or failed to correct false information upon request of the secretary of state on any filing under this act; (C) Cannot be served by either the registered agent or by the secretary of state acting as the agent for process;
(D) Is owned or controlled by a foreign government or foreign nongovernment person determined to be a foreign adversary by the United States secretary of commerce and specified in 15 C.F.R. 791.4(a) or a successor regulation, except if the ownership or control has been approved by the committee on foreign investment in the United States; or
(E) Has provided false or fraudulent information to the registered agent, as determined by the secretary of state during or following an examination of records pursuant to W.S.