File Your Mississippi LLC Certificate of Formation

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Mississippi LLC Certificate of Formation

Perhaps you’ve wondered how to protect your personal assets if something happens with your small business. You want to protect yourself from liability in case something happens. You may be ready to form a limited liability company (LLC).

If you’d like to start an LLC in Mississippi, you’ll have to file a Certificate of Formation with the Mississippi Secretary of State. Filing a Certificate of Formation for your LLC in Mississippi will ensure that your LLC complies with the state’s business laws.  

How to File Your Mississippi Certificate of Formation:

To prepare and file a Certificate of Formation in Mississippi, you’ll need to take the following steps. 

Step 1: Create an Online Account with the Mississippi Secretary of State

The Mississippi Secretary of State accepts only online filings for many business-related submissions, including your Certificate of Formation. You’ll need to register for an online account on the Mississippi Secretary of State’s website. Be sure to make a note of your username and password so that when it comes time to file your Certificate of Formation, you’ll be ready.

Step 2: Choose Your LLC’s Official Name

After you’ve created your online account, you’re ready to start gathering the information you’ll need for your Certification of Formation in Mississippi. 

First, you’ll select the name of your Mississippi LLC. Your LLC name can be just about anything you’d like so long as it’s distinguishable from other Mississippi business names. Your LLC name shouldn’t be too similar to another existing Mississippi business name. You’ll have to search the Mississippi Secretary of State’s online business name database to determine if the name you’d like is available. 

Your LLC name must also contain one of the following terms in its name:

Your LLC name can’t include words like “trust,” “bank,” “insurance,” “incorporated,” or “partnership.” Check with the Mississippi Secretary of State to ensure that your name complies with the state’s requirements. Otherwise, the Secretary of State may reject your MS LLC Certificate of Formation.

The Mississippi Secretary of State allows you to reserve your prospective name. You can only reserve a name online, and you must provide the appropriate fee. A name reservation is good for 180 days. You may also renew your reservation.

We make the process of selecting and reserving your business name easy. We offer a Business Name Search so that you can quickly scan the state’s records and see if your name is available. Plus, we also provide a Name Reservation service so you can quickly reserve your business name so no one else can take it while you prepare your LLC Certificate of Formation in MS.

Step 3: Provide a Business Email Address

Next, you’ll provide a business email address for your Certificate of Formation in Mississippi. The Mississippi Secretary of State will use this address to notify you if your Certificate of Formation has been approved. Be sure to use an email address that you check frequently. 

Step 4: Decide on the Effective Date of Your LLC 

You’ll also need to decide the effective date for your State of Mississippi Certificate of Formation. Generally, an MS LLC Certificate of Formation is effective when the Mississippi Secretary of State approves the application. Mississippi also permits you to pick another effective date for your LLC. However, you can’t select a date any later than 90 days from the date you file the Certificate of Formation.

Step 5: Select Your LLC’s NAICS Code

The next step in preparing the Certificate of Formation for an LLC in Mississippi is to select the nature of your business. For this, you’ll add the appropriate North American Industry Classification System (NAICS) code for your business. The NAICS is the federal government’s business classification system. The NAICS database has a huge list of business codes for almost every industry you can imagine.  

For your Certificate of Formation in Mississippi, you’ll search the NAICS database and enter the code for the business that most closely aligns with the work you’ll be doing. The NAICS website allows you to search by keyword to help you narrow your search. If you need help deciding on the proper business code, you may email NAICS at naics@census.gov. 

Step 6: Provide the Name and Address of Your Registered Agent

The next step for preparing your Certificate of Formation for your LLC in Mississippi is to provide the name and address of your registered agent. A registered agent is a person or company in the state of Mississippi that accepts legal documents on behalf of your LLC. Your selected registered agent must have a business address within the state of Mississippi. 

You don’t have to worry about finding someone willing to act as your new LLC’s registered agent. We can connect you with a Registered Agent who complies with Mississippi’s requirements, so you don’t have to worry.

Step 7: List an Incorporator

Lastly, for a Certificate of Formation in Mississippi, you’ll list at least one incorporator. The incorporator is responsible for preparing and filing the LLC’s formation documents. The incorporator may be a manager or member. The incorporator may also be the LLC organizer and not have any other relationship with the LLC.  

Where to File Your MS Certificate of Formation for an LLC

Once you’ve compiled all of the information above, you’ll be ready to file your LLC Certificate of Formation. In Mississippi, you may only file a Certificate of Formation online. You’ll also pay the filing fee by credit card or an electronic check. The Mississippi Secretary of State will notify you at the email address you provided when it has processed your Certificate of Formation.

What Are the Next Steps? 

Once you’ve filed your Certificate of Formation with the Secretary of State, you may need to take some additional steps to comply with state and federal regulations.

Create an LLC Operating Agreement

Your Mississippi LLC may benefit from an operating agreement. An LLC’s operating agreement sets forth all the internal rules of how the LLC works. An operating agreement also consists of the business’s policies and decision-making procedures. Other things typically addressed by an operating agreement include:

Mississippi doesn’t require an operating agreement. But it’s still a good idea for LLCs to have one, so there’s no confusion when a problematic situation arises.

We offer an LLC Operating Agreement Template to help you draft the right LLC operating agreement for your Mississippi LLC.

Apply for an Employer Identification Number (EIN)

You’ll also have to apply for an Employer Identification Number (EIN) with the federal Internal Revenue Service (IRS). An EIN is a tax number assigned by the IRS. You can use the EIN for your business tax filings. In addition, many banks require a business to provide an EIN when they open a business bank account.

Our EIN ID Number service can quickly and easily obtain an IRS EIN for your LLC. 

Apply for Mississippi Business Licenses

Your LLC may need to apply for a business license. Depending upon what type of work you’ll be doing, you may need a professional license for your LLC. You can look at the list of Mississippi’s professional licenses online to determine if you’ll need one. You can also visit our License and Permits page for more information.

We Can Help! 

The steps to filing a business registration in Mississippi, including an LLC, can be confusing.  We can help. With our Mississippi LLC Formation service, we take the burden of forming your LLC off of your shoulders.

With our Mississippi LLC Formation service, we can handle the creation of your new Mississippi LLC. Plus, we offer our Worry-Free Compliance service and ZB Money App, which take the stress of the ongoing requirements of your LLC off of your back. Delegate tasks to us so you can focus on running your business.  

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.

FAQs

  1. How do I change my Certificate of Formation in Mississippi?

    If you would like to change your State of Mississippi Certificate of Formation, you have two options. You may file an amendment or restate your Certificate of Formation. There are some limitations to each method, so you should examine Mississippi’s regulations before deciding which route to take. To file either an amendment or restatement, you’ll do so through the online business portal operated by the Mississippi Secretary of State.

    Amending your Mississippi LLC formation documents can be complicated. We offer a Mississippi LLC Amendment service to help you with this process.

  2. How do I file articles of dissolution in Mississippi?

    To dissolve your Mississippi LLC, first, consult the Mississippi regulations for LLCs. If you have an operating agreement, this will often set forth the basis for dissolving your LLC.  If you don’t have an operating agreement, you may dissolve your LLC with the consent of all the members. As with all other business filings, you’ll file your dissolution documents with the Mississippi Secretary of State through its online portal.

  3. What documents are required for starting a corporation in Mississippi?

    If you would like to start a corporation in Mississippi, you must file Articles of Incorporation with the Mississippi Secretary of State. You’ll file your Articles of Incorporation through the Secretary of State’s online business portal along with the filing fee. You’ll also want to draft corporate bylaws. You should check with Mississippi regulations to ensure that your corporation complies with the state’s requirements.

    You don’t have to worry about navigating Mississippi’s complicated corporate formation rules. We can help you form your corporation with our Mississippi Corporation Formation service.

  4. Does Mississippi require an LLC to have an operating agreement?

    Mississippi doesn’t require LLCs to have operating agreements. However, many LLCs find operating agreements helpful. You can include things like the members’ decision-making procedures. An operating agreement can also explain what would cause the LLC to dissolve. Taking the time to draft an operating agreement can save you from future confusion or conflict when issues arise with your LLC.

    We offer an LLC Operating Agreement Template that you can use to help you create an operating agreement for your LLC.

  5. Do I need a lawyer to form an LLC in Mississippi?

    You don’t need an attorney to form an LLC in Mississippi. However, setting up an LLC can be complicated and confusing. Future small business owners can turn to us. We offer a Mississippi LLC Formation service that will help you set up your LLC with ease.

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