--- title: "LLC Privacy Laws by State: What Your State Publishes | LLC Attorney" description: "Statute-cited analysis of what 10 formation states require you to disclose publicly when forming an LLC — covering formation, annual reports, and hidden non-SOS exposure paths." canonical: https://llcattorney.com/research/llc-privacy-laws-by-state image: https://llcattorney.com/images/share-cover.png source_path: /research/llc-privacy-laws-by-state --- [Same-day Filing](/starting-a-business/same-day-filing)[Instant Bank Account](/services/bank-account-opening)[No Hidden Fees](/pricing) Research · 10-State Pilot · Last verified April 3, 2026 # LLC Privacy Laws by State: What Your Formation State Actually Publishes About You Statute-cited, layer-by-layer analysis of what 10 states require you to disclose publicly — at formation, in annual reports, and through non-SOS agencies most guides never check. 9 of 10 states require no member names at formation 4 states create perpetual public member exposure via recurring filings 1 state New Mexico — requires no annual report at all Layer E Texas Comptroller backdoor most analyses miss entirely In Nevada — widely marketed as a privacy state — the moment you file your Articles of Organization, your name goes into a public database. Not because you made a mistake, but because **NRS 86.161 requires it by statute**. And then NRS 86.263 requires it again, every year, in the Annual List. Wyoming and Delaware require neither. The privacy reputation does not match the statute. In Texas, the Secretary of State record is clean — no member names required at formation (BOC § 3.005). But the Comptroller's **Public Information Report requires member names annually** and is a searchable public record. Most LLC privacy guides never mention it because they only check the SOS record. This research exists because choosing a formation state is a [privacy decision](/planning-a-business/protecting-privacy-and-assets), and most people making that decision don't have access to what the statutes actually say. What follows is a 10-state pilot — statute-cited, layer-by-layer — of exactly what each state requires you to disclose and where that disclosure ends up. ## The 6-Layer Disclosure Model LLC disclosure is not a single event. It happens across multiple layers, at different times, through different agencies. Evaluating a state's privacy profile requires checking every layer independently — a state can be clean at Layer A and fully exposed at Layer C. Layer A Required at Formation What the state requires you to include in the Articles of Organization. In some states, this includes member or manager names. In others, only the LLC name and registered agent. Layer B Publicly Visible at Formation Whether formation information becomes part of the state's searchable public record. Nearly all states make Articles of Organization public. The privacy question is whether member names are in them. Layer C Required in Recurring Filings What the state requires in annual or biennial reports. Some states require member or manager names every reporting cycle. Others require only the registered agent and principal office. Layer D Publicly Visible in Recurring Filings Whether recurring filing contents are searchable in the state's public business registry. In states that require member names annually, those names are visible to anyone searching the registry — every year, indefinitely. Layer E Non-SOS Public Exposure Public disclosure through a state agency other than the Secretary of State. The clearest example in this pilot is Texas, where the Comptroller's Public Information Report requires member names annually — a public record that never appears in SOS searches. Layer F Non-Public Federal Disclosure Disclosure required by federal law but not accessible to the public. The primary example is the Corporate Transparency Act's Beneficial Ownership Information (BOI) reporting to FinCEN. This data is not publicly searchable — it is categorically different from state public records. ## Formation Disclosure Matrix (Layer A & B) What goes on the public record the day you file your Articles of Organization. Nine of ten pilot states do not require member or manager names. Nevada is the sole exception — names are required at filing and immediately searchable. State Member Names Required Member Names Publicly Visible Manager Names Required Statute Wyoming Clean Clean Clean Wyo. Stat. § 17-29-203 Delaware Clean Clean Clean 6 Del. C. § 18-201 Nevada Exposed Exposed Exposed NRS 86.161 New Mexico Clean Clean Clean NMSA § 53-19-7 Florida Clean Clean Clean F.S. § 605.0201 Texas Clean Clean Clean BOC § 3.005 California Clean Clean Clean Corp. Code § 17702.04 Colorado Clean Clean Clean C.R.S. § 7-80-204 Montana Clean Clean Clean MCA § 35-8-202 South Dakota Clean Clean Clean SDCL § 47-34A-203 All Articles of Organization are public documents in every state. The privacy question is whether member names appear in them. ## Recurring Disclosure Matrix: Annual Reports (Layer C & D) Formation is a one-time event. Recurring filings happen every year for the life of the LLC. For privacy, the recurring layer is often *more* consequential than formation — it determines whether member names stay public indefinitely. State Annual Report Required Member Names in Report Publicly Visible Notes Statute Wyoming Yes Clean Clean RA and principal office only Wyo. Stat. § 17-29-209 Delaware No Clean Clean No annual report — flat franchise tax only — Nevada Yes Exposed Exposed Annual List requires all member/manager names + addresses NRS 86.263 New Mexico No Clean Clean Only US state with no LLC annual report at all — Florida Yes Exposed Exposed Names and addresses of all managers or members F.S. § 605.0212 California Yes Exposed Exposed SOI within 90 days + biennial; no statutory opt-out Corp. Code § 17702.09 Texas Yes Exposed Exposed Via Comptroller PIR (not SOS) — Layer E backdoor Comptroller PIR Colorado Yes Clean Clean RA and principal office only C.R.S. § 7-90-301 Montana Yes Clean Clean RA and principal office only MCA § 35-8-202 South Dakota Yes Clean Clean RA only SDCL § 47-34A-203 **New Mexico's unique position:** it is the only US state that requires no LLC annual report of any kind. Once Articles of Organization are filed — which require no member names — there is no recurring public filing obligation. Member names never need to appear in any public record at any point in the LLC's life. ## State Privacy Score by Formation State Composite privacy score based on Layer A–E disclosure profile. Higher = fewer public disclosures of member identity. Nevada scores lowest due to names required at formation *and* annually. New Mexico Strongest Delaware Excellent Wyoming Excellent South Dakota Good Montana Good Colorado Good Texas Poor – Layer E Florida Poor – Annual Exposure California Poor – 90-Day Exposure Nevada Worst – Names at Formation Score reflects public disclosure profile only. Operator's home state and cross-registration obligations not included. See Section 9 for full per-state methodology. ## The Hidden Backdoor: Non-SOS Exposure (Layer E) Most LLC privacy analyses begin and end at the Secretary of State. They check formation documents, annual reports, and the SOS public registry. If all three are clean, the state gets labeled "privacy-friendly." This approach misses Layer E: public disclosure that happens through a different state agency entirely. Texas: The Clearest Example The Texas Secretary of State record is genuinely clean. The Certificate of Formation (BOC § 3.005) requires a registered agent and organizer — no member names. Search the Texas SOS registry and you will find no member names for most LLCs. But the **Texas Comptroller of Public Accounts** requires a separate filing: the Franchise Tax Public Information Report (PIR). This annual filing requires the names of officers, directors, or members. It is filed with the Comptroller — not the Secretary of State — and it is a public record searchable at the Comptroller's database. The result: a clean SOS record and an exposed Comptroller record. Any analysis that checks only the SOS level will incorrectly classify Texas as privacy-protective. The PIR is the backdoor, and it is routinely missed. **Research gap:** This pilot identified one Layer-E exposure path (Texas Comptroller). Other states may have equivalent non-SOS disclosure paths through tax authorities, licensing databases, or court records. A full 50-state Layer-E sweep is needed before any state can be conclusively classified as free of non-SOS exposure. ## The Federal Layer: CTA, BOI, and FinCEN — Not a Public Record The Corporate Transparency Act (CTA), effective January 1, 2024, requires most LLCs to report beneficial ownership information (BOI) to FinCEN regardless of formation state (31 U.S.C. § 5336). One critical distinction many guides get wrong: the FinCEN BOI database is not a public record. It is accessible only to authorized law enforcement agencies, financial regulators, and certain financial institutions. It is not searchable by the general public, commercial data brokers, or state SOS registries. This makes CTA/BOI categorically different from state-level SOS filings. When an operator asks "will my name be public?", state SOS filings are the answer — not CTA. The CTA adds a federal reporting obligation; it does not change what the state publishes. A Wyoming LLC with no member names in any state filing still has no publicly searchable member records regardless of CTA compliance. **Volatility note:** CTA enforcement has been in active legal flux since 2024. Multiple federal courts have issued injunctions. The exact compliance deadline and practical obligations are not stable as of April 2026. Verify current requirements at [fincen.gov/boi](https://www.fincen.gov/boi) and consult qualified legal counsel. ## Anonymous LLC: Which States Actually Allow It For this research, an anonymous LLC is an LLC formed where no member or manager names are required at formation, in any recurring public filing, or in any known non-SOS public record — *without a nominee arrangement.* Six of ten pilot states qualify. ✓ ### Anonymous LLC Feasible Wyoming No names at formation or in annual report. RA satisfies all disclosure. Delaware No names at formation. No annual report at all — only flat franchise tax. New Mexico No names at formation. No annual report — strongest structural anonymity of any state. Colorado No names at formation. Periodic report requires only RA and principal office. Montana No names at formation or in annual report. South Dakota No names at formation or in annual report. ✕ ### Anonymous LLC Not Achievable Nevada Names required at formation (NRS 86.161) and annually (NRS 86.263). Nominee required for anonymity. Florida Formation is clean, but annual report (F.S. § 605.0212) requires member or manager names publicly. California Statement of Information required within 90 days of formation — all member names publicly visible. No opt-out. Texas Clean SOS record but Comptroller PIR requires member names annually — a Layer-E backdoor most analyses miss. ## State-by-State Profiles Quick-reference profiles for each pilot state. Every claim is tied to a specific statute verified as of April 3, 2026 against official state registries. WY Wyoming ✓ AnonymousSeries LLC ✓ Formation: LLC name + registered agent only — no member/manager names Recurring: Annual report: RA and principal office only Wyo. Stat. §§ 17-29-201 et seq. · Verified April 3, 2026 DE Delaware ✓ AnonymousSeries LLC ✓ Formation: LLC name + registered agent only — no member/manager names Recurring: No annual report — flat franchise tax, no member names 6 Del. C. § 18-101 et seq. · Verified April 3, 2026 NV Nevada ✕ Not AnonymousSeries LLC ✓ Formation: Member or manager names and addresses required at filing Recurring: Annual List: all member/manager names + addresses publicly visible Layer E: SOS-level disclosure already high NRS Chapter 86 · Verified April 3, 2026 NM New Mexico ✓ AnonymousNo Series LLC Formation: LLC name, registered agent, and organizer only — no member names Recurring: No annual report required — only US state with this rule NMSA §§ 53-19-1 et seq. · Verified April 3, 2026 FL Florida ✕ Not AnonymousSeries LLC ✓ Formation: LLC name, registered agent, and principal office — no member names Recurring: Annual report: names and addresses of all members or managers publicly on Sunbiz Layer E: None beyond SOS/Sunbiz F.S. Chapter 605 · Verified April 3, 2026 TX Texas ✕ Not AnonymousSeries LLC ✓ Formation: Registered agent and organizer only — SOS record is clean Recurring: No SOS annual report with names — but Comptroller PIR requires member names annually Layer E: Comptroller Franchise Tax PIR — public, searchable separately from SOS BOC § 3.005 · Verified April 3, 2026 CA California ✕ Not AnonymousNo Series LLC Formation: LLC name + registered agent — no member names at formation Recurring: Statement of Information required within 90 days of formation + biennial; all member/manager names publicly visible Layer E: None beyond SOI Corp. Code §§ 17702.04, 17702.09 · Verified April 3, 2026 CO Colorado ✓ AnonymousSeries LLC ✓ Formation: LLC name, registered agent, and principal office — no member names Recurring: Periodic report: RA and principal office only — no member names C.R.S. § 7-80-204 · Verified April 3, 2026 MT Montana ✓ AnonymousNo Series LLC Formation: LLC name, registered agent, and principal office — no member names Recurring: Annual report: RA and principal office only — no member names MCA § 35-8-202 et seq. · Verified April 3, 2026 SD South Dakota ✓ AnonymousNo Series LLC Formation: LLC name + registered agent only — no member names Recurring: Annual report: RA only — no member names SDCL § 47-34A-203 et seq. · Verified April 3, 2026 ## How to Use This Research This data is designed to support one decision: where to form an LLC if minimizing public identity exposure is a priority. Here is how to read it correctly. 1 Weight Layers B and D most heavily These determine what actually appears in a publicly searchable record — at formation and on a recurring basis. A state can have favorable marketing and still expose your name in both (Nevada). A state can be obscure and expose nothing (Montana, South Dakota). › 2 Check Layer E before concluding a state is private The Texas example shows a clean SOS record is not the same as a clean public record. This pilot identified one Layer-E path. The full 50-state analysis may identify more. › 3 Don't conflate CTA with state public records FinCEN BOI is a non-public federal database. State SOS filings are public. The CTA does not change the state-level privacy calculus — it adds a separate, non-public obligation. Do not let CTA concerns override formation decisions affecting your actual public exposure. › 4 Separate formation from ongoing exposure Delaware and New Mexico avoid recurring exposure by requiring no annual report. Wyoming, Colorado, Montana, and South Dakota have annual reports that do not require member names. California's Statement of Information creates near-immediate disclosure. › 5 Consider where you operate Forming in Wyoming for privacy but operating in California subjects you to California's foreign LLC reporting requirements, which include member names. The formation state controls the home-state record; the operating state may impose its own. **This is not legal advice.** This research provides statute-cited factual information about what each state requires in public LLC filings. It does not constitute legal advice and should not substitute for consultation with a formation attorney familiar with your specific circumstances. If you're deciding where to form, see our [guide to choosing the best state for your LLC](/planning-a-business/best-state-to-form-llc). ## Frequently Asked Questions Questions real operators ask after reading this research. Does Nevada actually protect LLC member privacy? No. Nevada requires member or manager names at formation under NRS 86.161, and again annually in the Annual List under NRS 86.263. Both are publicly searchable in the SOS registry. Structural anonymity in Nevada requires a nominee manager arrangement, which adds cost and legal complexity not present in Wyoming or Delaware. Nevada's privacy reputation is not supported by its statutes. Which state offers the strongest LLC privacy without a nominee arrangement? New Mexico. It is the only US state that requires no LLC annual report of any kind (NMSA § 53-19-7). Combined with no member or manager names at formation, there is no point at which member names must appear in any public record. Wyoming and Delaware are close alternatives — both require only a registered agent in their public filings, though Delaware has no annual report requirement at all. Does the Corporate Transparency Act make formation state irrelevant for privacy? No. The CTA/BOI database at FinCEN is a non-public federal record accessible only to authorized law enforcement and certain financial institutions — it is not searchable by the public or data brokers. State SOS filings are public records anyone can search. These are separate systems. A Wyoming LLC with no member names in any state filing still has no publicly searchable member records, regardless of CTA compliance. The CTA adds a reporting obligation; it does not change what the state publishes. Why does Texas look privacy-friendly at the SOS level but not in practice? Texas's Secretary of State record is genuinely clean — no member names required at formation (BOC § 3.005) and no SOS annual report naming members. But the Texas Comptroller requires a Franchise Tax Public Information Report annually, which names LLC members. This is a separate, searchable public database. Analyses that check only the SOS record will incorrectly classify Texas as privacy-protective. This Layer-E exposure means structural anonymity is not achievable in Texas despite the clean SOS record. If I form my LLC in Wyoming but operate in California, does Wyoming protect my privacy? Partially. Forming in Wyoming keeps your Wyoming SOS record clean — no member names at formation or in annual reports. But operating in California as a foreign LLC subjects you to California's registration and reporting requirements, including the Statement of Information (Corp. Code § 17702.09). This requires all member or manager names within 90 days of foreign registration and biennially thereafter. Your California public record will expose names even if your Wyoming record does not. What is the Disclosure Layer Model and why does it matter for LLC privacy? The Disclosure Layer Model organizes LLC disclosure into six layers: formation requirements (A), public visibility at formation (B), recurring filing requirements (C), public visibility in recurring filings (D), non-SOS agency exposure (E), and non-public federal reporting (F). Most analyses only check Layers A and B — and classify states as private based on the formation document alone. Nevada looks clean to analysts who stop at Layer A. Texas looks clean through Layer D. Only checking all six layers produces an accurate privacy profile. How current is this research and when will the remaining 40 states be added? The 10-state pilot was last verified on April 3, 2026 against official state statutes and Secretary of State registries. State-level findings are updated on an annual sweep, plus triggered updates when legislatures amend LLC statutes. The full 50-state analysis is planned. The CTA/BOI (Layer F/G) section is monitored weekly during active judicial proceedings and monthly otherwise. ## Ready to Form in a Privacy-Protective State? Our attorney-backed formation service helps you form in Wyoming, Delaware, New Mexico, or any state — with a [registered agent service](/running-a-business/registered-agent-services) that satisfies public disclosure requirements in every state so your personal address stays off the public record. [Start My LLC Formation](https://app.llcattorney.com/formation?intake_type=formation)[Compare Formation States](/planning-a-business/best-state-to-form-llc) Attorney-backed · Privacy-first · All 50 states covered Research Notes & Methodology Scope 10-state pilot: Wyoming, Delaware, Nevada, New Mexico, Florida, Texas, California, Colorado, Montana, South Dakota — the most discussed formation states for privacy-conscious operators. Sources All Tier 1 official government sources: state legislature statute databases and Secretary of State portals. 19 sources total. No formation service websites or unsourced blog posts. Methodology Each state evaluated across all six disclosure layers. Relevant statute identified, specific disclosure requirement extracted, and public visibility confirmed through the state's registry. Confidence All 10 states rated high confidence for Layers A–D. Layer-E analysis rated high confidence for Texas only. CTA/BOI tagged as Layer G due to active judicial proceedings. Update cadence State layers: annual sweep + triggered updates on statutory changes. CTA/BOI: weekly during active proceedings, monthly otherwise. Last verified: April 3, 2026.