Overview

Does maintaining a place of business in the state trigger a notice filing (regardless of number of clients)?

Yes.
WYO.STAT. ANN. § 17-4-405(b)(i)(2017).

Place of business  means:

  1. An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or
  2. Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients.

WYO. STAT. ANN. § 17-4-102 (a)(xxi)(2017)

What is the maximum number of clients adviser can have in the state without triggering a notice filing?

5
WYO.STAT. ANN. § 17-4-405(b)(ii)(2017).

What sorts of clients are not counted for purposes of determining whether to notice file?

  1. Federal covered investment advisers, investment advisers registered under this act, and broker-dealers registered under this act;
  2. Institutional investors;
  3. Bona fide preexisting clients whose principal places of residence are not in Wyoming; or
  4. Other clients specified by rule adopted or order issued under this act.

WYO. STAT. ANN. § 17-4-403 (b)(2017).


Viewing of these pages does not establish an attorney-client relationship. The information above is informational purposes only and should not be construed as legal advice. A lawyer should be consulted to confirm both applicability and any other issues that might affect or apply to your situation.