About Registering a Fictitious Business Name in Mississippi

To apply for registration of a fictitious business name, the following information is required.

Registration Filing

  • The fictitious name of the business being registered.
  • The legal name and mailing address of the applicant.
  • A list of all street addresses or any physical locations the business uses or will use to conduct or transact business.
  • The Mississippi business identification number if the applicant is a limited liability company or a domestic corporation.
  • For limited liability companies or foreign company applicants, either the state or the nation where the business was organized is required along with a copy of the company's certificate of authority that authorizes a company to transact business in Mississippi.
  • A statement from the applicant stating they are aware of and familiar with the provisions of filing and understand filing does not create exclusive rights to or in the fictitious business name.
  • The applicant shall provide any additional reasonable information requested by the Secretary of State.

Once the application is filed, the applicant will verify the information and then sign the application. After it's submitted, the application is checked to ensure the information is in compliance with the requirements. When approved, the applicant will receive a stamped copy of the approved registration from the Secretary of State.

Refusal of the registration by the Secretary of State of a fictitious business name will not occur based on the grounds that the business name is indistinguishable from a fictitious business name previously registered.

The Secretary of State may allow a fictitious business name to be registered if it contains a prohibited term if, at the sole discretion of the Secretary of State, it is determined the term is not misleading. An applicant is allowed to register only one fictitious business name per application per Mississippi provisional codes. If a change needs to be made, the applicant has 30 days to file an amendment.

Renewals

The registration period is for five years for a fictitious business name. Registration expires on Dec. 31 of the year the registration reaches its fifth anniversary. Renewal of a fictitious business name registration is allowed between Jan. 1 and Dec. 31 of the year it expires. When renewed on time, the registration shall be effective for another five years.

In the event that the renewal is not completed in the established and approved timeframe, the expired or canceled fictitious name registration is removed from the records by the Secretary of State.

Registration Cancellation

The applicant may withdraw a fictitious business name registration by sending a statement to the Secretary of State with the following information:

  • The legal name of the business using the fictitious business name.
  • A statement that the business will no longer conduct/transact business in Mississippi using the fictitious business name.
  • An acknowledgment by the applicant that he or she understands the registration will no longer be in effect once the statement of withdrawal is filed.
  • The signature of the registrant instigating the withdrawal.

The Secretary of State has the authority to cancel a fictitious business name registration for the following reasons:

  • A voluntary withdrawal of registration filed by the registrant or assignee of record is received.
  • The registration is not renewed within the specified timeframe.
  • A court order is received to cancel the registration on any grounds.
  • The registration is based on fraudulent or misleading information.

Filing Fees

The Secretary of State charges and collects nonrefundable processing fees accordingly. Fees are as follows:

  • Registering or renewing a fictitious business name: $25.00.
  • To assign, amend, cancel, or withdraw a fictitious business name: $25.00.
  • A certified copy of the fictitious business name document: $10.00.

For businesses required to file annual reports, the Mississippi Secretary of State will not impose a separate registration or renewal fee of a fictitious business name. This only applies when the application for registration or renewal is filed along with the business's annual report.

It is recommended that applicants check with the Secretary of State website for any changes to forms and fees required by statute in Mississippi as both are subject to change. Checking ensures that the applicant is in compliance with the laws of the state.

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