Start an LLC in Mississippi

You can’t start an LLC without filing a Certificate of Formation, and you can’t do that without knowing what you’re naming your LLC. Mississippi has a few requirements you need to follow to be sure your name is valid in the state (those rules are outlined in MS Code § 79-29-109). In particular:

• Your name must contain the phrase or abbreviations: Limited Liability Company, LLC, or L.L.C.
• Your name can’t include any words or abbreviations that suggest a different entity type, such as Incorporated, Corp., or Limited Partnership.
• Your name also must not include the words bank, trust, insurance or any variation on those words (banks and related entities cannot be LLCs in Mississippi).
• Your chosen LLC name can’t be in use by any other business entity in Mississippi.

Mississippi has a business search page you can use to check the status of your intended LLC name in the Magnolia State.

Tip: You can reserve an LLC name for up to 180 days in Mississippi with a Name Reservations Filing. Just submit the form and a $25 filing fee to the Mississippi Secretary of State.

Next up, you’ll want to secure a domain name for your website. Why are these important? Just like you need a street address to help people find you on a map, you need a domain name to help people find you on the web.

For domain names, it’s better to register earlier rather than later. There are two basic reasons why:

• Credibility: When you bother to establish a professional domain name, you’re letting customers know you take your work seriously.
• Consistency: A domain name that connects to your brand name makes it simpler for customers to remember you, which makes them more likely to seek you out.

At Northwest, we offer domain names in-house. You’ll even get a free year of domain name registration when you hire us to form your business.

This is the final step before your LLC becomes active: submitting a Mississippi Certificate of Formation and the associated fee to the Secretary of State. You can file the Certificate of Formation online for $54, or print it and mail it for $50 (but it will take longer to process).

Here’s what you’ll need to list on the form (remember, this information all becomes public record once your Certificate of Formation is approved):

How Do You File the Mississippi Certificate of Formation?

In Mississippi, you must set up a Registered Filer account on the Secretary of State website before you can submit your Certificate of Formation. When you create your account, you will need to provide your name, contact information, and the last four digits of your social security number. Once you’ve created an account, you can either complete your filing online or print the form and mail it along with a check.

Online:
Business Services Portal

By Mail:
Secretary of State
Office of Business Services
P.O. Box 136
Jackson, MS 39205-0136.

Your operating agreement is the road map to how your LLC will navigate major situations. This is where you’ll document important information such as how much each member invested, how voting will work, and even how you’ll dissolve the business if things go south.

Mississippi doesn’t technically require your LLC to have an operating agreement. But an operating agreement is a smart addition for any LLC: It helps provide guidelines for keeping your business operating correctly, and it helps maintain the LLC’s liability protection. And if you don’t have one, your business will be governed by Mississippi’s default LLC rules, thereby giving you less freedom to run your LLC as you see fit.

Tip: We provide a free attorney-drafted initial Mississippi operating agreement template for your use.

Your business’s EIN (Employer Identification Number) is the number the IRS will use to identify your business on tax forms. It’s similar to a Social Security Number, but for businesses instead of people.

EINs are required for all LLCs with multiple members or employees. However, even a single-member LLC with no employees will probably want an EIN, since it’s necessary for opening a business bank account (and can be used for any LLC matters that might otherwise require the owner’s personal SSN).

You can apply for an EIN for free directly from the IRS online, or let us get an EIN for you instead.

It’s crucial that your LLC has its own bank account. An LLC’s money has to be kept separate from the owners’ personal accounts in order for the LLC to maintain its limited liability status. If you mix business and personal funds, you risk being held personally liable for damages against the LLC.

When you go to open your business bank account, remember to bring the following:

• Mississippi LLC Certificate of Formation (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN

If your LLC has more than one member, you may also need to provide an LLC Resolution to Open a Bank Account.

LLCs are required to file an annual report every year in Mississippi. The report provides the state with up-to-date contact information for your business, and lets it know if your LLC has changed ownership. The Mississippi Annual Report is free to file and due by April 15th.

Tip: Don’t want to worry over annual report due dates? Let us file your Mississippi Annual Report for you.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.