§ 17-23-116 — Filing of certificate; effective date; fee; organization

Wyoming § 17-23-116

• Jurisdiction: Wyoming
• Title 17: Corporations, Partnerships and Associations
• Ch. 23: WYOMING STATUTORY TRUST ACT
• Art. 1: GENERAL PROVISIONS

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(a) The original signed copy together with a duplicate
copy, which may be either a signed or conformed copy, of the
certificate of trust and any certificates of amendment or
cancellation or any certificate of merger or consolidation shall
be delivered to the secretary of state. Unless the secretary of
state finds that any certificate does not conform to law, upon
receipt of all filing fees required he shall:
(i) Certify that the certificate of trust, the
certificate of amendment, the certificate of cancellation or the
certificate of merger or consolidation has been filed in his
office by endorsing upon the original and duplicate copy of the
certificate the word "Filed," and the date and hour of the
filing. This endorsement is conclusive of the date and time of
its filing in the absence of actual fraud;
(ii) File and index the original endorsed
certificate; and
(iii) Issue a certificate of organization to which he
shall affix the duplicate copy of the certificate of trust. In
the case of the filing of any certificate other than a
certificate of trust, the secretary of state shall return the
duplicate copy, similarly endorsed, to the person who filed it
or his representative.
(b) A certificate of trust, certificate of amendment,
certificate of cancellation or certificate of merger or
consolidation which acts as a certificate of cancellation shall
be effective as provided in W.S. 17-23-118.
(c) A fee as set forth in W.S. 17-23-117 shall be paid at
the time of the filing of a certificate of trust, a certificate
of amendment, a certificate of cancellation or a certificate of
merger or consolidation.
(d) Upon the issuance of the certificate of organization,
the statutory trust shall be considered organized. The
certificate of organization shall be conclusive evidence that
all conditions precedent required to be performed by the trustee
and beneficial owners have been complied with and that the
statutory trust has been legally organized under this chapter,
except as against this state in a proceeding to cancel or revoke
the certificate of organization or for involuntary dissolution
of the statutory trust.
(e) A statutory trust shall not transact business or incur
indebtedness, except that which is incidental to its
organization or until the secretary of state has issued a
certificate of organization.
(f) If the secretary of state refuses to file a
certificate of trust, certificate of amendment, certificate of
cancellation or certificate of merger or consolidation under
subsection (a) of this section, the secretary of state shall
return it to the filing party or its representative within
fifteen (15) days after the certificate was delivered, together
with a brief, written explanation of the reason for the refusal.