Mississippi LLC

1. Name Your Mississippi LLC

Choosing the right name for your LLC is more than branding—it is a legal requirement. Your name should be unique, memorable, and clearly communicate your business identity.

Steps to choose a name:

Define your business concept: Understand your services or products before brainstorming names.
Consult friends, family, and advisors: Gather suggestions and feedback.
Conduct online research: Check domain name availability and ensure no similar businesses exist in Mississippi.
Use name generators cautiously: They can inspire ideas but cannot replace creativity or legal checks.

Mississippi LLC Naming Rules:

Must include "Limited Liability Company" or the abbreviations "LLC" or "L.L.C."
Cannot imply association with government agencies.
Must be distinguishable from other Mississippi business names.
Restricted words (e.g., bank, insurance, university) require state approval.
May include the name of a member or manager.

National Trademark Check: Always verify with the US Patent and Trademark Office (USPTO) that your chosen name isn't trademarked to prevent legal issues.

Reserving Your Name:

Mississippi allows name reservations for 180 days.

Fee: $25
Apply online through the Mississippi Secretary of State website

Doing Business As (DBA):

A DBA (or fictitious business name in Mississippi) allows your LLC to operate under a different name. Benefits include opening a separate business bank account and expanding product lines.

File a Fictitious Business Name Registration online.
Fee: $25

2. Select a Registered Agent

A registered agent receives official business correspondence, legal notices, and tax documents on behalf of your LLC.

Requirements in Mississippi:

Must be 18+ years old.
Must have a physical Mississippi address.
Must be available during business hours.
If a business entity, it must be registered in Mississippi.

Many entrepreneurs hire a professional registered agent service to ensure compliance and convenience. Serving as your own agent is possible but requires availability during all business hours.

3. Determine Your Management Structure

Mississippi LLCs can be either member-managed or manager-managed.

Member-managed:

All members actively manage daily operations. Ideal for small LLCs with a few involved members.

Manager-managed:

One or more appointed managers handle operations. Members may remain passive. Best for LLCs with multiple members who prefer limited involvement.

By default, if the Certificate of Formation doesn't specify, your LLC is considered member-managed.

4. File a Certificate of Formation

To legally form your LLC in Mississippi, file a Certificate of Formation with the Secretary of State. Mississippi does not accept mail filings for new LLCs; filings must be online.

Information required:

LLC name
Principal office address
Registered agent information
Registered office address
Nature of business and NAICS code

Fee: $50
Processing time: 1–2 business days for online filings

Contact Information:

Jackson Office:
401 Mississippi Street
Jackson, MS 39201
Phone: 601-359-1350

Coast Office:
1141 Bayview Avenue, Suite 120
Biloxi, MS 39530
Phone: 228-432-0541

Business Services: 601-359-1633

5. Draft an Operating Agreement

Although not required by Mississippi law, an operating agreement is highly recommended. It defines ownership, management duties, voting rights, and profit distribution, reducing disputes and strengthening legal protection.

Key components:

LLC name and principal office
Duration of the LLC
Registered agent details
Membership structure
Management and voting procedures
Financial matters (profit/loss allocation)
Procedures for adding/removing members
Recordkeeping and communication policies
Dispute resolution procedures

You can find templates online, but an attorney can ensure your agreement fits your business's specific needs.

6. Obtain an Employer Identification Number (EIN)

An EIN, issued by the IRS, identifies your LLC for tax purposes. It is required if your LLC has multiple members or hires employees.

How to obtain:

Apply online through the IRS website
Must provide the name and Taxpayer Identification Number (SSN, ITIN) of the "responsible party"

7. Obtain Business Licenses and Permits

Licensing depends on your industry and location.

Federal licenses: Industry-specific (e.g., food handling, healthcare, transportation, alcohol, firearms).
State licenses: Use the Mississippi professional licensing database to check requirements.
Local licenses: City or county permits may include zoning, fire, health, or signage permits.
Sales tax license: Required if selling taxable goods/services.

Important: Operating without required licenses may result in fines, penalties, or business closure. Consulting a business attorney is recommended.

8. Determine Your Tax Status

By default, Mississippi LLCs are pass-through entities, meaning profits/losses pass to members' personal tax returns.

Single-member LLC:

Taxed like a sole proprietorship; reported on Schedule C.

Multi-member LLC:

Taxed like a partnership; files Form 1065. Members report profits/losses individually.

Optional corporate taxation:

C-Corporation: Pays corporate tax (21% federal), dividends subject to personal taxes. Can retain earnings in the company.
S-Corporation: Pass-through taxation; members must take "reasonable" salaries, potentially saving on self-employment taxes.

9. Other Key Steps

Open a Business Bank Account:

Keep business and personal finances separate to maintain liability protection.

Apply for a Business Credit Card:

Helps build business credit and manage expenses.

Get Business Insurance:

General liability
Professional liability (E&O)
Workers' compensation
Property and equipment coverage
Commercial auto insurance
Business Owner's Policy (BOP) combines multiple coverages

Maintain LLC Records:

Store formation documents, operating agreements, contracts, and legal/financial documents securely.

Annual Report:

File online with the Secretary of State by April 15. No fee for domestic LLCs.

Mississippi LLC FAQs

Name Reservation Fee: $25; LLC Registration Fee: $50; DBA (Fictitious Business Name) Fee: $25; Annual Report: $0. Business license fees vary depending on type and locality.

Use the Mississippi Secretary of State Business Search tool. You can search by business name, ID, officer, or registered agent.

File a Fictitious Business Name Registration online through the Secretary of State. Fee: $25. After filing, you can operate under the new name and open separate bank accounts.

Online filings are processed within 1–2 business days. Mail filings are not accepted.

File the annual report between January 1 and April 15. Domestic LLCs: no fee. Foreign LLCs: $250 fee. Keep accurate records of finances, meeting minutes, and operational changes.

Yes, if you are a Mississippi resident with a physical address and available during business hours. Your name and address will become public record.

No, but strongly recommended. It outlines ownership, management, and operational procedures, and is often needed for bank accounts or dispute resolution.

LLCs are pass-through entities; members report income on personal returns. State income tax: 0%–5% depending on income bracket. Sales tax: 7%. Self-employment tax: 15.3% for Social Security and Medicare.

How to Start Your Own LLC in Mississippi