How To Start An LLC In Mississippi In 2024

Short for “limited liability company,” an LLC is a popular type of business structure used to protect small business owners from legal liability around their personal assets if the LLC is sued or files for bankruptcy. While the prospect of creating a business entity can be intimidating to some side hustlers and self-employed workers, the steps to creating an LLC in Mississippi are straightforward and relatively affordable. Here’s how to start an LLC in Mississippi.

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7 steps to start an LLC in Mississippi

1. Choose an available name

Before you form your LLC, you must choose a name for it. While many savvy business owners choose an LLC name that explains what the business does, there are a few restrictions in Mississippi regarding naming a business. For example, your LLC name cannot contain the following words:

• Bank, banker(s) or banking.
• Trust or trust company.
• Insurance.
• Corporation or incorporated.
• Partnership or limited partnership.
• A combination or abbreviation of the above words.

However, your business name should end with “LLC” or a variation of “limited liability company” to denote its business structure.

Choosing a unique name that has yet to be used by another Mississippi business is a requirement. To find out if your chosen name is available for use in Mississippi, search for it among existing business names using the Mississippi Secretary of State’s business search tool. Choose a different name if the search results show a company is already using your chosen name.

You should also ensure the name isn’t trademarked and, therefore, protected against infringement on a national level. You can find out if your name is trademarked by searching the United States Patent and Trademark Office’s trademark database for your chosen name. If it appears in the results, you must choose a different name.

If you have chosen an available business name but are not yet ready to form your LLC, you can reserve your LLC name for up to 180 days. If that period expires, you can renew your reservation for 60 days. To reserve the name, fill out and submit a name reservations filing form along with your $25 filing fee.

2. Choose a registered agent

A registered agent is a person or company designated to receive legal notices sent to your business. For example, if someone is injured using your product or service and decides to sue your business, the registered agent receives the legal paperwork on your LLC’s behalf.

To serve as your own registered agent, you must meet the following criteria:

• Be at least 18 years old.
• Be a resident in Mississippi with a physical street address.
• Be available at the listed registered agent address during all regular business hours throughout the year, without leaving for business travel or time off.
• Be willing to accept business documents on the LLC’s behalf and alert the responsible parties who can best address them.

You’re allowed to act as your own registered agent, but there are a few major benefits of hiring a professional registered agent service instead of doing it yourself. These benefits include:

• Keeping your contact information private: A business’s registered agent information must be publicly available so notices can be sent to the business if needed. When you use a professional registered agent, you don’t have to list your contact details in the state’s registered agent database. Instead, your registered agent service’s address will be publicly listed.
• Legal notices delivered elsewhere: When a notice saying your business is being sued is sent to your business (or home), it can be stressful and embarrassing. When you hire a registered agent service, they accept this legal paperwork elsewhere on your behalf and alert you discreetly using email or an online portal.
• Convenience: A registered agent in Mississippi should generally be available during business hours at the listed registered agent address. When you hire a registered agent service provider, paperwork is delivered to them during regular business hours, freeing you to travel and work away from your business location without missing legal paperwork deliveries.

If you prefer to hire a registered agent service, read our list of the best registered agent services to find the best fit for your LLC.

3. Submit your certificate of formation

A certificate of formation is a form you must fill out and submit to legally form your LLC in the state of Mississippi. Before you can submit your certificate, you must create an account with the Mississippi Secretary of State using its business services page. Create a username and password if you don’t already have an account. Remember to follow internet security best practices to create a unique password that’s difficult to guess.

By signing into your account, you can access and fill out the certificate of formation form. To complete the form, you need the following information:

• Your LLC’s name and email address.
• The date your LLC was formed.
• The National American Industry Classification System (NAICS) code that most closely aligns with your LLC’s industry. To find the code, visit the NAICS website and use the search bar to input a keyword that represents your LLC’s industry. From the resulting list, find the NAICS title (industry) that most aligns with your LLC’s industry and note the code associated with it. Record it on your certificate of formation form.
• Your registered agent’s name and address (not a P.O. box).
• Your signature.
• Credit or debit card information to cover your filing fee.

The information you enter is used to generate your certificate of formation. Check that all information you entered is accurate and spelled correctly before submitting the form.

Once you receive notification that your certificate of formation has been processed, you can request a certified copy by again logging into your Mississippi Secretary of State account and paying a $10 filing fee. Keep this copy with your important LLC documents for use when completing future business tasks, such as opening a bank account and applying for an employer identification number (EIN).

New LLC reporting requirement alert 

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new reporting requirement for all non-exempt LLCs starting on January 1, 2024. 

The requirement is called the Beneficial Ownership Information (BOI) report and it is estimated to only take about 20 minutes to complete. 

Here’s what you need to know:

• LLCs formed before January 1, 2024 have until January 1, 2025 to file.
• LLCs formed between January 1, 2024 and January 1, 2025 have 90 days to file from the confirmed date of the businesses’ registration.
• New LLCs formed after January 1, 2025 will have 30 days to file from the confirmed date of formation.

For all details, FAQs and to file, visit FinCEN’s BOI website. 

4. Create an operating agreement

While creating an operating agreement for your LLC is not required, it is strongly recommended due to its benefits. These benefits include:

• Enhanced limited liability protection: Your operating agreement should contain information that can help confirm members’ limited liability protection over their personal assets in the event your LLC is sued, such as each members’ ownership percentage, initial contributions and rights and responsibilities.
• Protection against state default rules: Each state has default rules covering the operational procedures of LLCs within the state. These rules may not align with processes or procedures that could support your LLC’s success. If you include contrary rules in your operating agreement, these rules override the state default rules.
• Foresight: The process of writing your operation agreement should include gathering together your LLC’s members and deciding on the best operational practices for your LLC. Doing so can help your company implement those best practices from day one, thereby helping to ensure its long-term success.
• Dispute prevention and resolution guidance: Because your members agree on and sign your operating agreement, the clarity it affords can help prevent disputes among members and guide members toward resolutions should disputes arise.

You can create an operating agreement for free by accessing and filling out an operating agreement template like those provided by LLC formation service providers such as Rocket Lawyer and Northwest Registered Agent. In general, your agreement should cover:

• Your LLC’s name and structure.
• Your members’ rights, powers, responsibilities and fiduciary duties.
• Your members’ names and contact information.
• Each member’s ownership percentage.
• How new members can be inducted.
• How and when the LLC can be dissolved.
• Your LLC’s financial and accounting methods.
• How and when member meetings will be held.
• How profits and losses will be distributed.

Remember that your operating agreement should serve the unique needs of your LLC. Using a free template alone will not create a unique agreement for your members to sign and adhere to. So, even if you create your operating agreement using a template, we recommend you consult with a business lawyer to ensure the final document meets your LLC’s unique needs before your members sign it. Many LLC formation services, including Rocket Lawyer and LegalZoom, offer these legal services for an additional fee. 

5. Get an employer identification number (EIN) from the IRS

An employer identification number (EIN) is a number that identifies your business before the federal government for tax administration purposes. It is much like a Social Security number for your company. When filing taxes, opening financial accounts and applying for business permits or licenses, you’ll need this number.

You can get an EIN for free using the IRS’s apply for an employer identification number (EIN) online page. As you fill out the form, you need the following information: 

• Your LLC’s name, mailing address and street address.
• Your name and Social Security number.
• Your business structure (in this case, an LLC).
• The date and location of your LLC’s formation.
• The reason you’re applying (in this case, select “started a new business”).
• The number of employees you are expected to hire in the next 12 months and when wages or annuities will be paid (if applicable).
• Your LLC’s industry and the types of products or services it will sell.

Filling out the form takes about 15 minutes. It must be completed online and within one sitting from Monday to Friday between 7 a.m. and 10 p.m. Eastern Standard Time.

Once you’ve submitted the form, you will instantly receive a confirmation document with your EIN. Print this document and store it with your other important business documents.

6. Apply for required licenses and permits

Depending on the nature of your business, you may need additional licenses or permits to open and operate your business. One permit that will generally apply to most LLCs in Mississippi is the sales tax permit. This permit must be obtained through the Mississippi Department of Revenue by any business that has retail sales in Mississippi.

Other examples of permits or licenses you may be required to obtain include:

• Health permits.
• Building permits.
• Occupational permits (for home-based businesses in some jurisdictions).
• Signage permits (for creating and posting business signs).
• Burglar or fire alarm permits.
• Zoning permits.
• Alcohol and tobacco permits.

Most business permits in Mississippi are administered by the local city or county clerk’s office. Businesses that sell or manufacture alcohol and tobacco must procure both city and state permits. Certain occupations and services require additional registrations. Contact your local city or county clerk to learn your business’s requirements, how to apply and the associated fees.

You may also be required to apply for and obtain federal business licenses and permits, depending on your business activities. For example, you may have to file for a federal business license if your business: 

• Imports or transports animals, animal products, biologics or plants across state lines.
• Is involved with the alcoholic beverage industry.
• Engages in wildlife-associated activities.
• Belongs to the radio or television broadcasting industry.
• Operates oversized or overweight vehicles.

To apply for such licenses or permits, you must contact the relevant federal issuing agency, such as the U.S. Department of Education, the Alcohol and Tobacco Tax and Trade Bureau and the U.S. Fish and Wildlife Service. Various license and permit fees may apply.

7. File an annual report

You are required to file an annual report with the Mississippi Secretary of State for each year your LLC operates. Unlike in most states, this filing does not come with a filing fee. Annual reports can be filed between January 1 and April 15 each year. Failure to file will result in your LLC’s administrative dissolution, so you don’t want to miss the deadline.

Annual reports can only be filed online. To file your annual report, log into your Mississippi Secretary of State account. Under the “business filings” headline, select “file an annual report.” To fill out the report, you need the following information:

• Your LLC’s business name, address, email and phone number. 
• Your LLC’s EIN. 
• Your LLC’s NAICS code. 
• Your registered agent’s name and address. 
• The names, titles and addresses of your LLC’s officers and directors. 
• Your name, signature, title and address. 
• Your business’s ID number, which can be found by searching for your business entity on the Mississippi Secretary of State website. 

You will receive an email notification once your annual report is accepted or if it needs corrections. 

Featured LLC service offers

ZenBusiness

Learn More

Via ZenBusiness’ website

Free version available

Yes

Lowest published package price

$199

Live chat

Yes: Human

LegalZoom

Learn More

Via LegalZoom’s website

Free version available

Yes

Lowest published package price

$249

Live chat

Yes

Northwest Registered Agent

Learn More

Via Northwest’s website

Free version available

No

Lowest published package price

$39

Live chat

Yes

Find the best LLC services for Mississippi: Best LLC services

Common Mississippi LLC fees

COMMON MISSISSIPPI LLC FEES
Certificate of formation	$50
Certificate of amendment	$50
Certificate of dissolution	$50
Annual report	$0
Application for name reservation	$25

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Frequently asked questions (FAQs)