This guide will outline what you need to know about changing a registered agent in Mississippi and how to get started when you’re ready.
You formed your Mississippi LLC. You did the paperwork. You started operating your business.
And now, for one reason or another, you need to change your registered agent. No worries, we’ve got you covered.
There are a number of reasons you might need to change your Mississippi LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Mississippi might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of Mississippi has certain requirements for changing your LLC’s registered agent. Any business entity operating in Mississippi can change its registered agent at any time by submitting a request to the Secretary of State. All of Mississippi’s business filings are online; they will not accept any paper forms. Changing a registered agent is treated as an electronic “amendment” form.
The S.O.S. Business FAQ page offers plenty of helpful information about online filing and other business procedures.
You can’t pick just anyone to be a registered agent for your LLC. The state of Mississippi puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Mississippi must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in Mississippi
In order to change your registered agent in Mississippi, start off by logging in to your account in the online filing system. If you don’t have an account, you will need to create one. Then, follow these steps:
In addition to paying online via card, you can print your filing and mail it, with a check or money order, to P.O. Box 136 Jackson, MS 39205-0136
The Secretary of State also provides step-by-step instructions for filing an amendment. See them here.
You can’t change your registered agent by updating your annual report or Certificate of Formation. You must file an amendment as outlined above.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you’re good to go! Your change will be processed within 24 hours, so you’ll see your new registered agent on file the next day.
Think of your registered agent as a mediator between you and the state of Mississippi, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every Mississippi business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Mississippi small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Mississippi registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.
There are numerous reasons you might need to give up your Mississippi registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Mississippi LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Don’t put your company in a difficult situation by submitting a resignation without prior notice. You’re actually required by Mississippi state law (§ 79-35-11) to send a statement of resignation to your LLC at least 30 days before submitting it to the Secretary of State. This ensures that the company will have ample time to change its registered agent and avoid potential fines and penalties. It also might be a good idea to speak with LLC representatives in person to formulate a transition plan.
After you inform your LLC, wait 30 days, and then you can get started on your official resignation with the state.
Your notice to the LLC must be written and mailed, but you’ll need to file your resignation with the state online.
Head over to the Secretary of State’s online filing portal. You’ll need to create an account if you don’t have one already. Then, once you’ve logged in an selected the appropriate form, follow the onscreen prompts to enter the following information:
And that’s it! It’s a pretty streamlined process. What’s even better is that there’s no filing fee, so you can put away your checkbook for now.
Online filings are processed immediately, but that doesn’t mean you’ll be off the books right away. Unless the LLC changes its registered agent sooner, you’ll retain your duties for 31 days. So be aware that you could continue receiving documents and service of process for up to a month after you resign.
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. For example, if your LLC goes without a registered agent for 60 days after you resign, it risks being administratively dissolved, no longer allowed to do business in the state. This is why it’s important to give the company an advance notice.
Whomever the LLC appoints as your replacement must meet Mississippi’s registered agent requirements. As a reminder, every Mississippi agent must:
An individual member of the LLC may serve as its registered agent; however, there are times when the best option is to outsource those duties to a professional service.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Mississippi LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Mississippi or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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