If you’re starting a limited liability company (LLC) in Mississippi, then you have plenty of options and opportunities to consider. Keep in mind that this requires some work. You’ll first need to comply with the state’s legal requirements for forming a business. You’ll also need to file paperwork and make decisions about your LLC’s details. 

Starting an LLC in Mississippi can be straightforward with the right guide. Ours can help streamline the process.

Additionally, creating a new company should be relatively affordable. While you will need to pay some state fees to get your business on the books, they’ll probably seem small compared to your other startup costs. 

Expert Help in Starting an LLC in Mississippi

All that being said, it will certainly help to get some expert guidance to navigate Mississippi’s processes as efficiently as possible. That’s where this guide can come in handy, explaining each step in clear and simple terms, showing you how to form an LLC in Mississippi.

Below, we’ll show you how to make your business official, taking you through every part of the state’s process. We’ll also answer some common questions, addressing possible complications in advance. As we cover these important topics, we’ll explain how the right business formation service can handle all the hassles of business formation, allowing you to focus on getting your company going. 

How to Form an LLC in Mississippi

For new Mississippi entrepreneurs in any industry, the guidance on this page will prove extremely helpful. If you’re ready to cut through red tape and launch your business the right way, keep reading. 

In Mississippi, the office of the Secretary of State oversees the formation of all new business entities. To officially launch your limited liability company in Mississippi and begin legally doing business, you’ll need to file a Certificate of Formation with that agency.

But before you can submit the required paperwork, you’ll need to make some choices about the information you include. At a bare minimum, you’ll need to select an official name and identify a registered agent. It’s also wise to create an operating agreement to govern your new business. 

Additionally, you’ll probably need to obtain an Employer Identification Number (EIN) from the federal government. Depending on the nature of your business, you may have to register with other state agencies. 

Take 5 Simple Steps to Starting a Mississippi LLC Formation

At the outset, this mix of different requirements can seem somewhat overwhelming. But with the proper approach, the process can be quite smooth. To help you out, we’ve broken down the requirements into this step-by-step guide, which we’ll explain in detail below.

Step 1: Name your Mississippi LLC

No company can prosper without a proper name, and perhaps you’ve decided on one already. But to select an official name for your limited liability company, you’ll need to meet certain criteria:

• Your name must be distinct from that of any other Mississippi business. So that the state can clearly distinguish between companies, your business’s name must differ from the name of all other business entities (including those that no longer exist). To check if your preferred name is available, follow the directions on our Mississippi Business Entity Search page.
• Your name must include one of the following: “limited liability company,” “LLC,” or “L.L.C.” Whichever variation you pick, put it at the end of your business name, rather than in the beginning or middle of it.

Conduct a Mississippi Limited Liability Company business name search

Once you settle on a name, it might make sense to reserve it. While this precaution is not technically necessary, you don’t want anyone else to grab your chosen name while you complete the other aspects of forming your LLC. 

To reserve your name, you can use our business name reservation service or complete an Application for Name Reservation through the state’s online business filing portal. To access this portal, you’ll need to create an account. There’s a fee for submitting this form.

It’s also worth mentioning that your LLC’s official name does not need to be the name you use when doing business with the public. Instead, you can use a “fictitious” or “DBA” (“Doing Business As”) name to brand your business as you see fit.

Register a DBA in Mississippi with the Secretary of State

If you choose to use a DBA name in Mississippi, it would be smart to register it with the Secretary of State. While not required by law, registering your DBA name can help prevent other businesses from using it (accidentally or intentionally). Registering also costs a small fee and can be completed through the same online business filing portal or by using our DBA service.

Obtain a domain name for your company

When you’re coming up with a business name, consider whether you can secure a matching domain name so that your future website can be easily found online. We have a tool to help you do a preliminary domain name search, and our domain name registration service can help you secure the online name that will best serve your company. 

Check your new Mississippi LLC name and logo against existing trademarks

Finally, to make sure you’re entirely in the clear with your desired business name, visit the United States Patent and Trademark Office website to make sure your business name or logo isn’t already federally trademarked. Trademarks can also happen at the state level, so you’ll also want to make sure that no state trademarks exist on your planned LLC name.

To find out more and/or apply for a state trademark, go to the Mississippi Secretary of State website page for trademarks.

Step 2: Appoint a registered agent in Mississippi

Like other states, Mississippi requires the founders of LLCs to designate a “registered agent” when filing a Certificate of Formation. Registered agents serve one primary purpose: to receive legal documents if your business is served with a lawsuit or subpoena. 

Your Mississippi registered agent can be an individual or another business entity and must have a physical address in the state of Mississippi (a P.O. box will not suffice). Because legal documents are often served in person, the Secretary of State must know where to find your Mississippi registered agent during regular business hours.

Many business owners assume they should serve as their own registered agent and use their home or business address for this purpose. But this choice could have unfortunate repercussions: If you’re sued, you don’t want to be served in front of clients or your family. Moreover, if you move your home or business, you’ll need to update your registered address with the state. 

Hiring a Registered Agent Service

In many cases, a better solution is hiring an outside registered agent service like ours, a company that provides this service to businesses. With the right registered agent service, some benefits include:

• Never have to worry about missing important paperwork. Your registered agent service handles it.
• You’ll never have to worry about being embarrassed in front of customers if you receive a service or process from any legal proceedings.
• You can work whenever it is most convenient for you, as you’ll always have your registered agent service available during traditional business hours.

Step 3: File a Mississippi Certificate of Formation

After choosing an official name and a registered agent, you’ll be ready to file your Certificate of Formation with the Mississippi Secretary of State using their online business filing portal. Once again, you’ll need to create an account before you can access the Secretary of State portal. There’s a fee for filing a Certificate of Formation online. For those with old-school inclinations, you can also mail in your completed form for the same price.  

Filing official government documents like this can be unnerving for many people, which is why we’re here. With our business formation plans, our formation professionals handle the filing for you to make sure it’s done correctly the first time. But, although we can handle this for you, we’ll show you how the process works below.

In addition to your company’s name and the name and address of your registered agent, the Certificate of Formation form asks for some other pieces of information in order to form your LLC in Mississippi. Have each of the following items ready to complete the form:

A Certificate of Formation will require:

• An email address (this can be a business email or an owner’s personal address)
• The North American Industry Classification System (NAICS) code for your type of business.
• Your LLC’s “future effective date.” This only applies if you want your Certificate of Formation to take effect at some later date. If, like most entrepreneurs, you want your business founded immediately, leave this section blank.

If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized. 

Digitally store your Mississippi LLC paperwork

Once you get your physical paperwork back from the state approving your LLC in Mississippi, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc. We can provide a customized business kit to help you keep these important documents organized and looking professional.

Step 4: Create an operating agreement

While a few states require LLCs to have an operating agreement as part of their paperwork, Mississippi has no such requirement. That being said, creating a Mississippi LLC operating agreement is still a smart call for your new company — even if you’re the sole owner (member).

A Mississippi operating agreement will establish specific terms and rules for your business’s activities and ownership. These agreements designate the LLC members’ rights and responsibilities, from the allocation of profits to voting powers. 

Operating Agreements for Single-Member Mississippi LLCs

Even for Mississippi LLCs with only one member, an operating agreement can be important. Many financial institutions or potential investors will want to see an LLC operating agreement before dealing with your business.

Moreover, an operating agreement can help protect you from legal liability or debt if your business struggles. If you have one in place, courts are more likely to assess your business as separate from your personal assets.

LLC Operating Agreement Template

If you’re unsure as to how to begin creating an operating agreement for your LLC, we sell a customizable template to help get you started.

Step 5: Apply for an EIN

Once you file your Certificate of Formation with the state of Mississippi, you’ll probably need to let the federal government know about your new business. Most LLCs are required to obtain a Federal Employer Identification Number (EIN) from the Internal Revenue Service (IRS), although there are certain exceptions.

If any of the following apply to you, go ahead and obtain an employer identification number:

• Your LLC will employ anyone other than yourself.
• Your LLC has more than one member (owner).
• You have a Keogh plan (a form of retirement savings for self-employed individuals).

Even if you don’t meet these criteria, an EIN might be helpful in starting your business. Without one, you may struggle to secure business bank accounts from financial institutions. You might also need to use your personal Social Security number more often, possibly exposing you to identity theft.

You can get your LLC’s employer identification number through the Internal Revenue Service website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.

Once you form your LLC and receive your EIN, you should also investigate whether you need to register with the state of Mississippi in other ways. If you employ workers, for example, you’ll probably need to register for Unemployment Insurance Tax through the Mississippi Department of Employment Security and also register for Employee Withholding Tax through the Mississippi Department of Revenue. If you plan to sell goods, you’ll need to register with that department to collect sales tax. 

Opening a Business Bank Account for Your LLC in Mississippi

Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds.

Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities (that is, they want to sue you for not just your business assets, but also your personal assets).

Getting a Banking Resolution Template for Your New LLC in Mississippi

We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.

For further help managing your new business’s finances, try ZenBusiness Money. It can help you create invoices, receive payments, transfer money, and manage clients all in one place. 

Disclaimer: The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.