Article
Wyoming or Delaware: Which LLC Filing Is the Honest Answer?
Delaware is the right filing for a specific kind of company. Wyoming is the right filing for a different kind. We form Wyoming and California, not Delaware, and we will tell you when that means you should go somewhere else.
Two serious answers, not a slogan
Delaware has the Court of Chancery, a deep body of corporate case law, and the filing every venture lawyer already knows how to paper. Wyoming has no corporate income tax, no public list of LLC members or managers, a $60-class annual report for companies without in-state assets, and a charging-order statute that people who form holding companies actually care about. Those are different products. Treating them as a branding contest is how you end up in the wrong state.
When Delaware is the honest filing
If you are raising institutional capital, preparing for a priced round, or building something that will be reviewed by Delaware-barred counsel as a matter of course, Delaware is usually the filing. We do not form Delaware entities. We will say that on the first call rather than talk you into Wyoming because Wyoming is what we sell.
When Wyoming is the honest filing
Private holding companies. Real-estate and investment wrappers. Owners who want a staffed registered office and a quiet Secretary of State record. People who will never see a term sheet. Wyoming is built for that work, and it is the work we do from 821 S Main St in Kemmerer. California formation is the other jurisdiction we file directly, for companies that actually operate there.
What Wyoming does not buy you
It does not buy anonymity. Banks, the IRS, and any court with jurisdiction still require accurate ownership information. It does not buy a Court of Chancery. It does not make securities law, tax law, or foreign-qualification rules in other states go away. If someone is selling Wyoming as a magic veil, they are not selling a filing. They are selling a story.
What we will do, and what we will not
We will form the Wyoming or California entity, act as registered agent in all fifty states, and run the compliance so the annual report is filed. We will not opine on which jurisdiction is legally correct for your facts. That is a question for counsel. If you already know you need Delaware, go to a Delaware filer. If you need Wyoming handled by a person in a real building, start at /wyoming-llc or call 307.800.1088.
About this article
This article is general information published by Tresp Corporate Services, LLC. It is not legal, tax, or accounting advice, and Tresp Corporate Services is not a law firm. Statutes, fees, and filing requirements change. Verify anything you intend to rely on with the relevant agency and with your own attorney or accountant. For legal matters we refer to the independent firm Tresp, Day & Associates, Inc.
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