Start an LLC in Mississippi

You can’t start an LLC without filing a Certificate of Formation, and you can’t do that without knowing what you’re naming your LLC. Mississippi has a few requirements you need to follow to be sure your name is valid in the state (those rules are outlined in MS Code § 79-29-109). In particular:

• Your name must contain the phrase or abbreviations: “limited liability company,” “LLC,” or “L.L.C.”
• Your name can’t include any words or abbreviations that suggest a different entity type, such as “Incorporated,” “Corp,” or “Limited Partnership.”
• Your name also must not include the words “bank,” “trust,” “insurance” or any variation on those words (banks and related entities cannot be LLCs in Mississippi).
• Your chosen LLC name can’t be in use by any other business entity in Mississippi.

Northwest has a directory of state business name availability guides you can use to check the status of your intended LLC name in Mississippi.

Tip: You can reserve a Mississippi LLC name for up to 180 days with a Name Reservations Filing. Just submit the form and a $25 filing fee to the Mississippi Secretary of State.

Next, you ought to get a domain name for your business. Domain names are essential for a business online, without a good one, people looking for your business online won’t be able to find your website. The domain name for your business ideally should match your business name, but a close variation or some other phrase that makes a clear connection to your business name or what the business does can also work.

There are several benefits to registering your domain name. A professional domain name demonstrates your commitment to crafting an online presence that potential customers can connect with and trust. And a domain name that associates well with your business name reinforces your brand, helping customers to remember your business.

Why do all this before forming your business? Much like making sure your preferred business name is available in Mississippi, you’ll want to do the same in securing your ideal domain name as soon as possible. You don’t want to get all your business formation work done, just to find out that in the meantime someone else has registered the domain name you want.

There’s another benefit to registering a domain name worth mentioning: doing so also gives you access to a professional business email address. This email is usable by its owner even before the website associated with the domain is online.

Tip: When you hire Northwest to help you with forming your business, you also get a free year of domain registration and business email

This is the final step before your Mississippi LLC is officially real: submitting a Mississippi Certificate of Formation and the associated fee to the Secretary of State. You can file the Certificate of Formation online for $54, or print it and mail it for $50 (but it will take longer to process).

Here’s what you’ll need to list on the form (remember, this information all becomes public record once your Certificate of Formation is approved):

How do you file the Mississippi Certificate of Formation?

In Mississippi, you must set up a Registered Filer account on the Secretary of State website before you can submit your Certificate of Formation. When you create your account, you will need to provide your name, contact information, and the last four digits of your social security number. Once you’ve created an account, you can either complete your filing online or print the form and mail it along with a check.

Online:
Business Services Portal

By Mail:
Secretary of State
Office of Business Services
PO Box 136
Jackson, MS 39205-0136.

Your operating agreement is the road map to how your LLC will navigate major situations. This is where you’ll document important information such as how much each member invested, how voting will work, and even how you’ll dissolve the business if things go south.

Mississippi doesn’t technically require your LLC to have an operating agreement. But an operating agreement is a smart addition for any LLC: it helps provide guidelines for keeping your business operating correctly, and it helps maintain the LLC’s liability protection. And if you don’t have one, your business will be governed by Mississippi’s default LLC rules, and wouldn’t you prefer the freedom to make decisions about member voting rights and profit allocations yourself?

Tip: We provide a free attorney-drafted initial Mississippi operating agreement template for your use.

Your business’s EIN (Employer Identification Number) is the number the IRS will use to identify your business on tax forms. It’s similar to a social security number, but for businesses instead of people.

EINs are required for all LLCs with multiple members or employees. However, even a single-member LLC with no employees will probably want an EIN, since it’s necessary for opening a business bank account (and can be used for any LLC matters that might otherwise require the owner’s personal SSN).

You can apply for an EIN for free directly from the IRS online, or let us get an EIN for you instead.

It’s crucial that your LLC has its own bank account. An LLC’s money has to be kept separate from the owners’ personal accounts in order for the LLC to maintain its limited liability status. If you mix business and personal funds, you risk being held personally liable for damages against the LLC.

When you go to open your business bank account, remember to bring the following:

• Mississippi LLC Certificate of Formation (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN

If your LLC has more than one member, you may also need to provide an LLC Resolution to Open a Bank Account.

Mississippi LLCs are required to file a free annual report every year. The report provides the state with up-to-date contact information for your business, and lets them know if your LLC has changed ownership. The Mississippi Annual Report is due by April 15th.

Tip: Don’t want to worry over annual report due dates? Let us file your Mississippi annual report for you.

A new federal filing is required for most LLCs as of 2024, including those in Mississippi. It’s called the Beneficial Ownership Information (BOI) Report, which provides the Financial Crimes Enforcement Network details about your LLC’s beneficial owners and the company applicant who filed its formation paperwork.

You can file this report on your own, or have us handle it for you.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.