(a)The secretary of state may impose a civil penalty not
to exceed five hundred dollars ($500.00) for each violation,
with respect to each entity represented, of this chapter for
which no other specific penalty is provided, and may deny or
revoke any registration, require enhanced recordkeeping and
refuse to accept filings for business entities served by a
registered agent if the registered agent, or in the case of
registered agent that is a corporation or other business entity,
its officers, directors, members, partners or persons serving in
a similar capacity:
(i)Has failed to make application for registration
as a commercial registered agent under W.S. 17-28-105 if
applicable;
(ii)Has failed to maintain records as required by
W.S. 17-28-107;
(iii)Cannot be served at the address of t
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(a) The secretary of state may impose a civil penalty not
to exceed five hundred dollars ($500.00) for each violation,
with respect to each entity represented, of this chapter for
which no other specific penalty is provided, and may deny or
revoke any registration, require enhanced recordkeeping and
refuse to accept filings for business entities served by a
registered agent if the registered agent, or in the case of
registered agent that is a corporation or other business entity,
its officers, directors, members, partners or persons serving in
a similar capacity:
(i) Has failed to make application for registration
as a commercial registered agent under W.S. 17-28-105 if
applicable;
(ii) Has failed to maintain records as required by
W.S. 17-28-107;
(iii) Cannot be served at the address of the
registered office or the registered agent's email address;
(iv) Has willfully violated or willfully failed to
comply with any provision of this chapter; or
(v) Cannot be located at the address on the
application provided to the secretary of state.
(b) A registered agent has complied with W.S. 17-28-107 if
he has timely requested from the entity, either by certified
letter or through an engagement letter or other similar
document, that the required information be provided and be kept
current within sixty (60) days of any change until the entity's
first annual report is accepted for filing with the secretary of
state. It shall be a defense to an action under paragraph
(a)(ii) of this section if the registered agent notifies the
secretary of state of the entity's failure to provide the
required information or of the registered agent's belief that
the information is inaccurate, and the registered agent resigns
within sixty (60) days after the date the certified letter
requesting information has been sent. No fee shall be assessed a
registered agent resigning pursuant to this subsection.
(c) The secretary of state may deny or revoke the
registration of a registered agent who has been convicted of any
felony or has had an application for commercial registered agent
denied or revoked, or in the case of a registered agent that is
a corporation or other business entity, its officers, directors,
members, partners or persons serving in a similar capacity have
been convicted of any felony or have had an application for
commercial registered agent denied or revoked.
(d) In any action pursuant to this section the prevailing
party may recover costs of investigation, court costs and
attorney's fees.
(e) It shall be a defense to any violation under this
section if the agent, in the exercise of reasonable diligence
could not have known that:
(i) The information maintained by the agent is
inaccurate;
(ii) The information provided by the entity
represented is inaccurate; or
(iii) An entity used the registered agent's identity
or address without the registered agent's knowledge or consent.
(f) The secretary of state may deny registration, require
enhanced recordkeeping and refuse to accept filings from any
registered agent pursuant to this section without a contested
case hearing. If a contested case hearing is requested, this
authority shall only apply until the hearing is resolved.
(g) Any penalty imposed against a registered agent
pursuant to this act shall be paid pursuant to the final order
as issued by the secretary of state. If the penalty is not paid
within sixty (60) days of the order, or according to an
alternate schedule indicated in the order, the secretary of
state may refuse all filings by a registered agent until the
penalty is paid. In addition, in the case of a registered agent
that is a corporation or other business entity, the secretary of
state may administratively dissolve the entity or revoke its
certificate of authority if the penalty is not paid as provided
in this subsection.