Can a Trust Own an LLC in Wyoming?
Yes. Wyoming law permits trusts to own and hold LLC membership interests with no restrictions. A trust can be named as a member in the articles of organization, and the trustee exercises all member rights on behalf of the trust. Wyoming's LLC Act (Wyo. Stat. § 17-29-102 et seq.) contains no prohibition against trust ownership.
Trust Ownership Is Permitted
Wyoming does not restrict who may hold a membership interest in an LLC. Wyo. Stat. § 17-29-102(a)(xiv) defines a "member" as any person admitted to the LLC—trusts qualify without exception. The statute does not enumerate prohibited member categories. A trust becomes the registered member with full voting and economic rights.
Key Advantages
Privacy Protection
Wyoming does not require member names in public filings under Wyo. Stat. § 17-29-202. A trust-owned LLC membership interest remains confidential. The registered agent and public records need not disclose the trust's existence or beneficiaries.
Charging Order Protection
Trust-owned LLC interests retain Wyoming's strong charging order protection under Wyo. Stat. § 17-29-503. Creditors of the trust or beneficiaries cannot seize the membership interest directly. Their remedy is limited to a charging order against distributions, shielding underlying LLC assets.
Succession Planning
When the trustee changes, the successor trustee automatically steps into the member role without requiring LLC amendment or membership transfer documentation. This simplifies transitions and maintains continuity.
Operating Agreement Guidance
While Wyoming does not require a written operating agreement (Wyo. Stat. § 17-29-110), one is strongly recommended when a trust is a member. The agreement should clarify:
- Trustee authority to bind the trust and LLC
- How distributions flow to the trust
- Voting rights and decision-making
- Successor trustee provisions
- Transfer restrictions on the membership interest
Trustee Authority
The trustee must have explicit authority in the trust document to own and manage LLC interests. Review the trust instrument before formation to confirm the trustee's powers align with LLC ownership. Wyoming trust law does not impose statutory restrictions on business entity ownership.
Formation Steps
- Confirm trustee authority in the trust document
- Draft or review the LLC operating agreement
- File articles of organization with Wyoming Secretary of State, naming the trust as member
- Obtain an EIN from the IRS
- Maintain records documenting the trust's membership interest
This is general information, not legal advice. Consult a Wyoming business attorney for trust and LLC formation guidance.