Exploring the essential reasons for amending your Certificate of Formation or Articles of Incorporation in Mississippi is crucial for maintaining business compliance and adaptability. Read this detailed guide to master the amendment process.
If you own a Mississippi business, you know that things can change significantly over the life cycle of any company. For Mississippi limited liability companies (LLCs) or corporations, this means that you need to update the state when certain information about your business changes by amending your Certificate of Formation or Articles of Incorporation. In Mississippi, those changes are documented through a Certificate of Amendment. Let’s take a closer look at the amendment process and how we can help.
If you need to make changes to your LLC, we’ll show you how in this section. But if you need to make changes to a corporation, please keep scrolling to the section titled “Amending a Mississippi Corporation Articles of Incorporation.”
In Mississippi, the Certificate of Formation is the form that officially creates your LLC. In fact, until this form is filed, your LLC technically doesn’t even exist. This form requests a variety of information about your business, including:
Generally speaking, if you need to amend any of the information you included in your original articles, then you’ll need to file amendment paperwork.
You can file your amendment paperwork online. But before you jump into the paperwork step, it’s helpful to gather the information you need to make the changes you want. You can make a variety of changes, including:
Gathering this information now can help streamline the filing process.
Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in Mississippi, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your business.
Mississippi law allows for lawsuits by a person who is harmed by a company’s failure to amend their Certificate of Formation. Remedies include the company being ordered to update their certificate. A judge can also order other remedies.
Failure to file a Certificate of Amendment can also prevent you from obtaining a Mississippi Certificate of Good Standing. A Certificate of Good Standing confirms that your registered business, like an LLC or corporation, is authorized to conduct business in the state. You must also be up to date on all required filings. Different states have different names for a Certificate of Good Standing.
Inability to get a Certificate of Good Standing has a number of serious consequences. These can include problems doing any of the following:
As you can see, it’s very important to file proper Mississippi LLC amendments.
Now you should be ready to file your amendment paperwork. Since Mississippi currently only accepts online filings, you’ll need to log in to the state portal. Look for the button entitled “File an Amendment on an Existing Business.” You’ll be asked to provide the Mississippi business ID number for the business. Follow the prompts and fill in the information you gathered in Step 2. Then, you’ll submit it electronically.
At the time of this writing, this filing costs $50 to submit. Once the form is processed, your amendment will go into effect.
Need to make changes to a corporation? We’ll show you how in this section.
In Mississippi, corporations file the Articles of Incorporation to create their business. Technically speaking, a corporation doesn’t even exist until this form is filed. This form asks for a variety of information about a business, including:
There are also some optional provisions you can include:
Generally speaking, if you need to change any of this information, then you’ll need to file amendment paperwork.
To make changes to your corporation’s formation documents, you’ll need to file Articles of Amendment. But before you start the paperwork process, it’s helpful to gather the information you’ll need to file. Within your online form, you’ll be asked to provide a variety of information, including:
So, you’ll need to gather some information for these changes. For example, if you’re going to be changing how your shares are structured, you’ll need to confirm the old structure and the new one. If you’re going to change your name, you’ll want to check that you have the right spelling and designator on hand for your new name.
Gathering all this information before you start the paperwork can help streamline your filing process.
Now, it’s time to file your paperwork. Since Mississippi currently only accepts online filings, you’ll need to log in to the state portal. Look for the button entitled “File an Amendment on an Existing Business.” You’ll be asked to provide the Mississippi business ID number for the business. Follow the prompts and fill in the information you gathered in Step 2. Then, you’ll submit it electronically.
At the time of this writing, there’s a $50 fee for amendment filings. Once your paperwork is processed, your amendment will go into effect.
Some states, including Mississippi, allow you to restate your Certificate of Formation or Articles of Incorporation instead of amending it. To do so, you’ll need to select an option on the Amendment form to restate your Certificate of Formation or Articles of Incorporation rather than amend it. Restating your certificate isn’t done by a separate form.
Similarly, Mississippi offers the option to update your registered agent and correct information using the Amendment portal. These were historically done by separate forms. These are now all available under the “Amendment” section of the Secretary of State’s filing system.
We can take many compliance tasks for your Mississippi registered business off your plate. From formation to finding a registered agent to managing ongoing compliance, we are here for you! We’ve helped many Mississippi business owners like you get away from the paperwork and back to doing what they love.
FAQ
Whether you need an attorney is up to you as a business owner. Often people don’t hire lawyers to assist with Mississippi amendments, as they are not required.
Most any of the information in your original Certificate of Formation or Articles of Incorporation, like a name change, can be reported in an amendment.
No. A Mississippi annual report is a separate filing, although they do contain some of the same information. Annual reports are a separate compliance requirement.
Because amendment filings must be done online, they’re usually processed instantly.
You can expect to receive an email confirmation from the Secretary of State within hours to one business day of filing your paperwork through the online portal.
Disclaimer: The content on this page is for information 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.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 850,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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