Who Signs the Deed
The company decides through its governance. A deed is an instrument signed by a person and recorded in a county office.
A member cannot sign simply because they are a member (W.S. § 17-29-301(a)). The DAO Supplement makes the company’s articles and operating agreement “effective as statements of authority” (W.S. § 17-31-115), so the operating agreement identifies who signs a conveyance and on what conditions. More on that in Who Can Sign for a Wyoming DAO LLC?
The Statement of Authority and the County Record
For transfers of real property the LLC Act has its own rule, and anyone closing on Wyoming land should know it.
- A statement of authority that grants authority to transfer real property held in the company’s name, and that is “recorded by certified copy in the office for recording transfers of the real property”, is conclusive in favor of a person who gives value in reliance on it without knowledge to the contrary (W.S. § 17-29-302(f)).
- Where a certified copy of a statement limiting the authority to transfer that real property is recorded in the same office, “all persons are deemed to know of the limitation” (W.S. § 17-29-302(g)).
- A statement of authority filed with the Secretary of State is cancelled by operation of law five years after it, or its most recent amendment, becomes effective (W.S. § 17-29-302(k)).
A title officer should expect to look at what is recorded against the parcel as well as the company’s own documents. For land outside Wyoming, the recording and title practice of the state where the land lies applies.
What a Buyer, Lender or Title Officer Can Check
- Confirm the company on the Wyoming Secretary of State’s records.
- Find the attestation ID on the deed. It is printed beside the office’s seal and begins ATT-0x.
- Enter the ID on the Verify page. The status should read attested or endorsed, and the entity of record should match the grantor named on the deed.
- Download the reliance package for the file: the certificate of authority, the attestation report and the statement-of-authority excerpt.
- For Wyoming land, check the county record for any statement of authority recorded against the parcel.
For Counterparties sets out what each result means.
How Wyoming Execution Agents Signs a Deed
A company that has named Wyoming Execution Agents as its authorized signer approves the conveyance through its own governance, which runs inside the Vaulnox SENTINEL Trusted Execution Environment. SENTINEL issues an attestation of that decision. The office signs the warranty deed, deed of trust or assignment upon that attestation, and the signing is entered of record under its attestation ID.
The office holds no discretion over the transaction. The fee is $500 per deed or conveyance.