How to Amend a Mississippi Certificate of Formation

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), this means that you need to update the state when certain information about your business changes through meaning your Certificate of Formation? 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.

Need to form your LLC first? We can help you start your LLC with our Mississippi LLC formation service.

What is a Mississippi Certificate of Formation?

A Mississippi Certificate of Formation is the document that makes your LLC a legal entity in Mississippi. The form identifies your LLC’s name and provides key identifying information to the Secretary of State and the public. 

Step 1: Determine if you need to change your Mississippi Certificate of Formation

The reasons for making a Mississippi LLC amendment are usually straightforward. A current and correct Certificate of Formation is required to get the benefits of being an LLC. If you make any Mississippi LLC amendments or you want to add additional information to your Certificate of Formation, you need to inform the state.

There are several key reasons you need to inform the state about changes to your Mississippi LLC. Key reasons include:

• Updating public information like your address for contact purposes
• Changing or modifying the name of your registered agent for service of process
• Making other relevant changes for compliance and/or auditing purposes

Keeping the state of Mississippi updated on changes to your LLC information is important for them to continue to recognize 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:

• Raising capital for your business
• Opening a business bank account or credit card
• Doing business in another state or country
• Selling or transferring your business
• Obtaining or keeping business licenses

As you can see, it’s very important to file proper Mississippi LLC amendments. We can help you do this with our Worry-Free Compliance service. We help you manage your state filings so you can stay compliant all year long.

Step 2: Identify what to change in your Mississippi Certificate of Formation

The Mississippi Secretary of State asks that you amend your Certificate of Formation any time you want to make any of the following changes

• Changing the name of your LLC
• Updating the name or location of your registered agent
• Correcting any misinformation previously filed (like a typo or incorrect address)
• Modifying the names or information about members of your LLC
• Adding or changing articles
• Making any other material changes to your Certificate of Formation

Report these changes using Mississippi’s online filing system. The Secretary of State no longer accepts paper filings. Check the Secretary of State’s fee schedule before filing. 

Step 3: File your Mississippi LLC amendment

Mississippi is unique because it requires business owners to use an online portal to make any changes to their business information. You need to create an account with the filing system to be able to file a Mississippi LLC amendment. Once you have registered, you will only need your Mississippi business ID number to access your LLC’s filings. 

Using the electronic system, you can submit any type of change to your LLC documents. Whether you need to make a correction, change your registered agent, or submit a full Certificate of Amendment, our Worry-Free Compliance service can help you stay compliant with your business obligations.

Mississippi Certificate of Amendment vs. Restated Certificate of Formation

Some states, including Mississippi, allow you to restate your Certificate of Formation instead of amending it. Select an option on the Amendment form to restate your Certificate of Formation 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 help you navigate this new system and give you peace of mind. Our Mississippi registered agent service and Worry-Free Compliance service with two free annual amendments can take your mind off filings and put it back on your Mississippi business.

Let us help you stay state compliant & grow your Mississippi business!

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.