How to Start an LLC in Mississippi

A Mississippi LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in Mississippi guide, we’ll break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your structure.

Mississippi LLC

In order to form an LLC in Mississippi, you’ll need to complete the following steps:

1. Name Your Mississippi LLC
2. Pick a Mississippi Registered Agent
3. Submit the Certificate of Formation
4. Create a Mississippi LLC Operating Agreement
5. Get an EIN
6. File Your BOI Report

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your Mississippi LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name will need to represent your brand accurately, as well as be as memorable as possible.

In Mississippi, all LLC names need to abide by the following statutory guidelines in order to be accepted by the Secretary of State:

• Inclusion of Entity Identifier: Your LLC’s name must include the phrase “Limited Liability Company” or one of its abbreviations — such as “LLC or L.L.C”
• Uniqueness: The name should not be identical or too similar to the name of any existing domestic or foreign corporation, nonprofit corporation, limited partnership, limited liability partnership, or limited liability company that is organized under Mississippi law and is still active
• The name must also be distinguishable from any names currently reserved with the Secretary of State
• If you wish to use a name that is similar to another registered name, you may apply for authorization from the Secretary of State. This is possible if you obtain written consent from the entity with the similar name, along with an undertaking to change their name to something distinguishable, or if you provide a certified court judgment establishing your right to use the name
• Exclusion of Certain Words: The name cannot include words that could confuse your LLC with government entities or regulated industries without prior permission. This can include words such as “bank” “banker”, “banking”, “trust company”, “insurance”, and “State”

Keep in mind that even though picking an LLC name in itself has no cost, there are certain fees that can be associated with the overall process.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later by submitting a Name Reservation form with the Secretary of State ($25 fee). This will keep anyone from being able to take the name you plan to use for 180 days.

If you need more time beyond the initial 180 days, you will need to reapply and pay the same fee again to reserve the name for another 180 days.

Register a DBA Name

Another potential cost associated with naming your LLC is a “doing business as” (or DBA) name — known as a fictitious business name in Mississippi. This is essentially a nickname that you can choose to register for your business to operate under — particularly if you’re not content with your LLC’s legal name.

Registering a DBA name can be done by filing a Fictitious Business Name Registration with the Secretary of State and paying a $25 fee.

Note: In Mississippi, DBA names expire on December 31 of the fifth year following their initial registration.

Buy a Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s URL address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Registered Agent

The next step you’ll need to take toward forming your LLC is to pick a registered agent.

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications; you’re required to continuously maintain one as long as your LLC is active.

Your registered agent will need to satisfy the following requirements:

• The registered agent must have a registered office address within the state of Mississippi; a P.O. Box is not sufficient.
• The agent must be consistently available at this registered office address during normal business hours to ensure the timely acceptance of legal and official documents.

It should be noted that any individual, corporation, or LLC can serve as a registered agent, provided they meet the above requirements.

You can even act as your own registered agent if you’re looking to save money — though we don’t typically recommend this as you’re much more likely to suffer fines and penalties due to non-compliance than if you just hire a professional service.

On top of this, you’ll lose any anonymity your LLC would have given you since your name, address, and contact information will be publicly available.

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your Certificate of Formation

In Mississippi, the Certificate of Formation is the filing document that you’ll need to submit with the Secretary of State in order to officially register your LLC (this is also referred to as the Articles of Organization in other states).

You will need to include the following details when submitting your Mississippi LLC’s Certificate of Formation:

• Your LLC’s name and email address
• Your registered agent’s name and address
• Your LLC’s filing date; if you’re setting a future effective date, this can be up to 90 days after the date you file your formation documents
• Your LLC’s NAICS code, which will need to correspond to your type of business
• Your LLC’s organizer’s, member’s, or manager’s signature

To successfully file your Certificate of Formation and officially establish your LLC, you will need to complete two important steps.

• Access the Online Filing System: You can begin by accessing the Mississippi Secretary of State’s Online Filing System and registering an account
• Submit your Application: Once registered, you will have the option to submit the Certificate of Formation online

Alternatively, after registering, you can download the Certificate of Formation from the same online system, fill it out manually, and mail it to the following address:

Office of the Mississippi Secretary of State
P.O. Box 136, Jackson, MS 39205-0136
(601) 359-1633

In both cases, you will need to pay a filing fee of $50; however, if you file online, an additional $4 surcharge will apply — bringing the total to $54.

Step 4: Create a Mississippi LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of your company in order to reduce potential future conflict.

While this document isn’t legally mandated in Mississippi, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

A number of companies provide drafting services for operating agreements online, typically for a fee of around a few hundred dollars. However, it’s quite easy to sort this out by yourself if you want to save money, and you can even find a number of free templates online to help with this.

Step 5: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all Mississippi LLCs should apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business licenses/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Don’t worry if you don’t already have an SSN, it’s not necessary to have one in order to apply for an EIN — instead, you can just leave Section 7b of the application blank and call the IRS on (267) 941-1099.

Step 6: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For a full list of filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your Mississippi LLC

In order to keep operating legally in the state of Mississippi, your LLC will need to keep up with its annual obligations — which we’ve discussed in greater detail below.

Submit an Annual Report

All LLCs and business corporations in Mississippi are required to file an annual report.

This report is used to keep the state’s records updated on your business’s activities and ensure compliance with all applicable state regulations.

To complete this process, you will need to complete the following three steps:

• Access the Filing System: Log into the Mississippi Secretary of State’s website, navigate to the “Business Filings” section, and select the option to file an annual report.
• Enter Your Business ID: Enter your Mississippi business ID number to access the form, which will be pre-populated with information from your previous filings.
• Review and Update Information: Carefully review the pre-filled information and make any necessary updates to reflect the current details of your business, such as changes in address or management.

Keep in mind that there is a filing fee of $25 that will need to be paid in order for your submission to be processed.

Mississippi vs Other States

Both the formation and maintenance fees for LLCs in Mississippi are on the lower end compared to most other states, making Mississippi an attractive option for new and existing businesses.

This is further enhanced by the state’s straightforward regulatory framework.

Regardless, keep in mind that the best state to form your LLC is almost always the state that you will be operating in; this is because otherwise you’ll likely be required to register as a foreign LLC in your home state, meaning that you’ll need to pay registration and maintenance fees twice.

Mississippi Secretary of State Contact Information

Mailing Address:
Business Services
401 Mississippi Street
Jackson, MS 39201

Physical Address:
125 South Congress St., Suite 100
Jackson, MS 39201
Monday through Friday, 8 a.m. to 5 p.m.

Contact Information:

Email: Mississippi Secretary of State Contact Form
Phone: (601) 359-1633