Key Takeaways

  • The Mississippi Secretary of State requires LLC filings to be completed online, including name reservation, Articles of Organization, and annual reports.
  • LLC names must meet state guidelines, be distinguishable from other entities, and can be reserved for 180 days with a $25 fee.
  • A Mississippi registered agent must have a physical address in the state and is responsible for receiving legal documents.
  • Domestic LLC filing fees are $50; foreign LLCs must also register to conduct business in Mississippi.
  • Operating agreements, while not required, are recommended to define internal management and ownership structure.
  • An EIN is necessary for most LLCs for tax purposes and business banking.
  • Annual reports are due April 15 each year and must be filed online with the Secretary of State.

A Secretary of State Mississippi LLC is a limited liability company (LLC) formed in the state of Mississippi that is governed by the secretary of state (SOS).

Advantages of an LLC

The business structure of an LLC, much like a corporation, protects the business owners (called members) from personal liability. 

Unlike a corporation, LLCs enjoy quite a bit of freedom when it comes to the organization of the company:

  • LLCs can decide their own profit distribution percentages.
  • LLCs have fewer requirements for regular meetings and record keeping.
  • LLCs tend to be easier to operate than corporations.
  • LLC members benefit from a pass-through tax structure.

A pass-through business entity is a company that passes its profits and losses through to the business owners. The members of an LLC will report all of the business income on their personal tax returns and the company itself won't be taxed. This avoids the double taxation that corporations are hit with. 

Form an LLC in Mississippi

If a business owner decides to take advantage of the LLC entity structure, they can file with the Mississippi Secretary of State. Forming an LLC is actually quite simple.

When you want to start a Mississippi LLC follow these steps:

  1. Choose a name for the LLC.
  2. Pick a registered agent.
  3. File the articles of organization.
  4. Draft an operating agreement.
  5. Register for an EIN.

Mississippi LLC Filing Requirements

The Mississippi Secretary of State requires that all LLC formation and reporting be completed online through its official filing portal. Key requirements include:

  • Filing Method: All formation documents, including the Articles of Organization and name reservations, must be submitted electronically.
  • Processing Time: Most online filings are processed immediately, though document review for certain filings can take several business days.
  • Fees: Domestic LLCs pay a $50 filing fee. Foreign LLCs registering to do business in Mississippi must also pay the applicable registration fee.
  • Annual Report: Every LLC must file an annual report online by April 15. There is no fee for domestic LLC annual reports, but late filings can result in administrative dissolution.
  • Contact Information: The Secretary of State’s Business Services Division provides phone and email assistance for LLC-related filings.

Choose a Name

You'll want to be sure that the name you decide on for your business represents your business type and product well and is easy for potential customers and clients to find. 

The name of your LLC will need to meet the following requirements:

  • Includes the phrase Limited Liability Company or an abbreviated form of it
  • Excludes any words that suggest a license or specialty that the business doesn't actually have, like "doctor" or "bank"
  • Excludes any words that could cause your LLC to be mistaken for a government entity, like "FBI" or "treasury"
  • Is unique and different from any other businesses already registered to conduct business in the state of Mississippi

You can perform a business name search on the SOS website to be sure that the name you want isn't already being used.

If you find that the name you want is available, you can reserve that name for 180 days to make sure no one else takes it during your filing process. Just fill out a name reservation form and pay a $25 fee. 

Name Availability and Reservation in Mississippi

Before filing, you must confirm your desired LLC name is distinguishable from existing entities in the state’s records. This can be done using the Mississippi Secretary of State’s online business search tool. If your preferred name is available, you may reserve it for up to 180 days by submitting an online name reservation application and paying the $25 fee. Once reserved, no other entity may register the same or a confusingly similar name during the reservation period.

Choose a Registered Agent

All LLCs in Mississippi are required to choose a registered agent. 

This person or company will be designated to accept any legal documents on behalf of the LLC, like service of process or annual state filings.

A registered agent has to be an individual who is a resident of the state or a business entity registered with the state with a street address (not a PO box). LLCs can choose to elect a member of the company to act as the registered agent. 

Registered Agent Obligations

Your Mississippi registered agent must maintain a physical street address in the state and be available during normal business hours to accept service of process, legal correspondence, and compliance notices. While you may serve as your own registered agent if you meet the residency and availability requirements, many LLCs opt to hire a professional registered agent service for privacy and reliability.

Articles of Organization

File the articles of organization (or articles of incorporation) for your LLC online or by mail in order to register with the SOS of Mississippi.

Domestic LLCs will pay a filing fee of $50 to be sent with the articles of organization by mail or online. 

LLCs that wish to do business in Mississippi but are based in a different state are called foreign LLCs. 

Domestic vs. Foreign LLC Registration

  • Domestic LLC: Formed and operating within Mississippi, these entities file Articles of Organization directly with the Secretary of State for a $50 fee.
  • Foreign LLC: Formed in another state but intending to do business in Mississippi. These entities must file an Application for Registration of Foreign LLC and provide a Certificate of Good Standing from their home state.
    Both domestic and foreign LLC filings are made online through the Mississippi SOS business portal.

Operating Agreement

Operating agreements are not required for LLCs by the state of Mississippi, but they are a good idea for any business. 

These are written agreements regarding how the company will function and be managed. They should be signed by all the LLC members and kept in the business's files. 

Why an Operating Agreement Matters in Mississippi

While Mississippi law does not mandate an operating agreement, having one:

  • Clarifies ownership percentages and profit distribution.
  • Defines decision-making authority and voting rights.
  • Helps preserve the LLC’s liability protection by demonstrating formal structure.
    Without a written agreement, your LLC will be governed solely by default Mississippi statutes, which may not align with your intended business arrangements.

Obtain an EIN

Multi-member LLCs must file for an Employer Identification Number (EIN) with the IRS even if the business doesn't have employees. 

Single-member LLCs only need EINs if they employ people or if they choose corporation tax status rather than being taxed as a disregarded entity. 

EINs (also known as Federal Tax ID Numbers) are usually required in the following situations:

  • Opening a business bank account
  • Filing business taxes (state and federal)
  • Obtaining certain business licenses

An LLC can get an EIN free of charge by applying on the IRS website or by mailing in a form.

Mississippi Annual Reporting Requirements

All Mississippi LLCs must submit an annual report to remain in good standing. The report updates the state on your registered agent, principal office address, and member/manager information.

  • Deadline: April 15 each year.
  • Filing Fee: No fee for domestic LLCs; foreign LLCs may have a fee.
  • Filing Method: Must be filed online through the Secretary of State’s filing system.
    Failure to file can result in administrative dissolution or revocation of your right to do business in the state.

Frequently Asked Questions

1. How much does it cost to form an LLC in Mississippi?

Filing the Articles of Organization costs $50 for domestic LLCs. Foreign LLCs may pay additional registration fees.

2. How long does it take to form an LLC in Mississippi?

Online filings are often processed immediately, but certain submissions may take several business days for review.

3. Do I need a registered agent for my Mississippi LLC?

Yes. Every LLC must designate a registered agent with a physical Mississippi address to receive legal documents.

4. Are operating agreements required in Mississippi?

No, but they are highly recommended to outline ownership and management terms and to strengthen liability protection.

5. When are Mississippi LLC annual reports due?

Annual reports must be filed online by April 15 each year to keep your LLC in good standing.

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