Obtaining a business license is not the same as forming an LLC or other legal entity for your business. A business license is generally required if you own and operate...
For more information on how to form an LLC in any state, see the article How to Form an LLC.
Learn about Mississippi LLC formation, including information on Registered Agents, naming rules, business licenses, and more.
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Are you looking to create an LLC in Mississippi? You came to the right place!
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Our services go beyond just creating your Mississippi LLC. We will handle everything from writing your business plan to creating your LLC, licensing, branding, website, and marketing.
A limited liability company (LLC) offers many benefits to small businesses, including liability protection and tax advantages.
An Limited Liability Company LLC must be formed in Mississippi by filing a Certificate of Formation with the Mississippi Secretary of State and paying the $50 filing fee online.
However, you’ll first need to choose a name and registered agent for your Mississippi LLC. Your LLC is approved in 1-2 business days if you file online.
An LLC can be easily formed in Mississippi. Our step-by-step guide on How to Start an LLC in Mississippi will help you get started today. Find out more about LLCs and their benefits in our What is an LLC guide.
Creating an LLC in Mississippi requires you to choose a business name before you can file a Certificate of Formation. Be sure that your business name complies with the Mississippi naming requirements and can be searched by potential customers.
See a complete list of Mississippi’ naming rules here.
Check URL availability: You are likely to need a web page even if you don’t think you do. Buying your domain name now will at least give you the option of having one in the future. It’s a good idea to check the URL availability before finalizing your Mississippi LLC name.
By filing an Application for Name Reservation with the Mississippi Secretary of State, you can reserve a name for 180 days. To obtain the Name Reservation application form, you must first register with the Mississippi Secretary of State's online filing system. The cost of filing is $25.
An LLC stands for a Limited Liability Company. A simple business structure that is more flexible and offers many of the same benefits as a traditional corporation. For more information, see "What is a Limited Liability Company?".
Although Mississippi does not require the use of a DBA to conduct business under an assumed name, it is frequently necessary to file for such a DBA for practical reasons.
Your next step in forming an LLC in Mississippi is to appoint a Registered Agent, an individual or company authorized to receive legal and state mail on your behalf.
All Mississippi LLCs must have a registered agent. Please include your registered agent’s name and address on your Certificate of Formation.
To comply with Mississippi law, your LLC’s registered agent must be a resident or business entity that maintains a physical address in Mississippi. The “registered address” cannot be a P.O. box. It must be a real physical address that can be visited in person.
Learn more about Mississippi Registered Agents by reading our what is a registered agent guide.
A Registered Agent must be a Mississippi resident or a corporation authorised to conduct business in Mississippi, such as a registered agent service. You have the option of electing someone from your company, including yourself.
There are no longer any separate forms for changing your registered agent in Mississippi. You simply need to complete the online amendment process with the Secretary of State of Mississippi. You can either submit the amendment online and pay the fee, or print the amendment and mail it to the state.
Wise Business Plans offers a free year of registered agent service when forming an LLC in Mississippi.
To create a Mississippi LLC, you will need to file the Certificate of Formation with the Secretary of State with the Mississippi Division of Corporations. You may apply online, by mail, or in person.
If you choose one of our business formation services, we can handle this step for you.
The following information is typically required to create a Certificate of Formation:
Foreign LLCs: LLCs that are based in another state but intend to conduct business in Mississippi must complete a form called the Qualification of Foreign LLC.
You must file an Application for Registration with the Secretary of State to register a foreign LLC in Mississippi.
A filing fee of $250 also applies to this form, and you need to attach your state’s certificate of good standing.
Online filing through the Mississippi Department of State
There is a state filing fee of $50 payable to the Mississippi Department of State. (nonrefundable)
In a member-managed LLC, the members (owners) take on the business's daily responsibilities. Manager-managed LLCs are managed by managers who are elected by the members. Those who manage your LLC will have the authority to do a wide range of tasks-from hiring staff to opening bank accounts.
When an LLC conducts business in the state where it was formed, it is referred to as a "domestic LLC." Normally, when we talk about an LLC, we're talking about a domestic one. When an existing LLC wants to expand its operations to another state, it must form a foreign LLC.
Upon filing your Certificate of Formation, the secretary of state will review it. As soon as the Certificate of Formation is approved, the LLC becomes a legal entity.
An operating agreement is a legally-binding document that sets out how your LLC will operate, from the voting process to mergers.
Operating agreements are not required in Mississippi, but they are an essential part of your business.
Written operating agreements are helpful for different reasons, including resolving disputes over financial agreements and other potential litigation.
The LLC declaration can prove that your LLC is a separate entity, which can help preserve your limited liability.
An operating agreement ensures that all business owners are on the same page and reduces the possibility of future conflict.
The operating agreement should detail the LLC’s overall business purpose and other important matters, such as how the company will be taxed and how new members will be accepted. Legal agreements can clarify several important concerns, such as:
In Mississippi, you can include just about anything in your operating agreement, as long as it doesn’t violate the state law or the Certificate of Formation.
Yes, A Mississippi single-member LLC is treated the same as a multi-member LLC for most purposes.
When it comes to filing a tax return, single-member LLCs have more options.
In Mississippi, an LLC operating agreement is not required, but it is highly recommended. This is an internal document that lays out the rules for how your LLC will operate. It hasn't been registered with the state. It outlines the members' and managers' rights and responsibilities, as well as how the LLC will be managed.
Basically, an employer identification number (EIN) is a social security number for your LLC in Mississippi.
To identify your LLC for tax purposes, the Internal Revenue Service assigns a nine-digit Employer Identification Number (EIN). You can apply for your EIN either by mail or online.
An EIN is used for the following purposes:
Getting an EIN number is easy and free, There are two ways to get an EIN number in Mississippi.
The 1st option is:
Apply online for an EIN from the IRS
The 2nd option is:
Get an EIN by Mail or Fax
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
For LLCs that will have employees, an EIN is required. In addition, in order to open a business bank account, most banks require an EIN. Tax identification number issued by the state. A state tax identification number is not required in Mississippi.
Many multi-member LLCs will find the partnership tax status to be a perfect solution as a simple and effective tax structure. However, if your company intends to seek funding from outside investors or other types of passive owners, you should consider being taxed as a corporation.
Every calendar year, all LLCs doing business in Mississippi need to be file an annual report with the Mississippi Secretary of State. The report can be filed on or after January 1st of each calendar year, and it must be submitted by April 15th of that year.
Mississippi limited liability companies (LLCs) are required to file the report online. To file the report, you’ll need a state-issued Business ID Number.
You can find the ID number by searching the Secretary of State’s business name database for the company’s name. Mississippi LLCs do not have to pay a filing fee. For foreign LLCs, the filing fee is $250.
Late Filings: If you miss the filing deadline, Mississippi does not charge late fees, but your LLC will be dissolved after four months.
Get the easiest and fastest Mississippi LLC formation online with Wise business Plans.
Your personal assets (such as your home, car, and other valuables) may be at risk when your Mississippi LLC is sued if they are mixed with your business accounts.
Here are some steps you can take to protect your LLC in Mississippi:
If you decide that a Mississippi LLC will be a good choice for your business in Mississippi, your next step is to create a business plan (although it is not required), so that you have a roadmap for what you will do and how you will accomplish it.
Do you need help creating a business plan? Check out these six free, proven business plan examples from different industries to help you write your own.
As soon as your LLC is officially formed, you should open a business bank account. Why? Keeping separate bank accounts will help you maintain the legal distinction between the LLC and you (the owner).
Because LLCs are limited liability companies, creditors and litigants can’t take your assets.
It is essential for small business owners to partner with the right bank.
Recommended: Check out our business bank account page to learn which banks offer the best business check accounts, ATM access, interest-bearing accounts, and online and mobile banking options for businesses.
You can manage risks and grow your LLC with business insurance. Here are the most common types:
Let us help you with your business insurance needs.
The Certificate of Formation costs $50 to file with the Mississippi Secretary of State. For $25, you can reserve the name of your LLC with the Mississippi Secretary of State.
An LLC is simple to create, manage, regulate, administer, and stay in compliance. The filing fee is only $50.
Protect your personal assets from business debts and liabilities.
By filing online, you can form an LLC in Mississippi in 1-2 days.
Online filings are now available for all Mississippi LLCs. Simply open an account with the Secretary of State and complete the dissolution process online. You can complete the entire dissolution process online and pay your fees, or you can print the forms and mail them to the Secretary of State.