How to Start an LLC in Mississippi

Step 1: Name Your Mississippi LLC

You have to give your Mississippi business a name before you can register it with the state. In Mississippi, your LLC’s name must include the phrase “limited liability company” or the abbreviation “LLC” or “L.L.C.”

In addition, your name must be “distinguishable” from any other business organized in The Magnolia State. That means it can’t be the same or very similar to another business that already exists.

Your Mississippi LLC name also can’t contain words like “bank,” “insurance,” or “corporation,” or anything else that falsely represents your business.

How do I see if a business name is taken in Mississippi?

Use Mississippi’s Business Name Search tool to find out if the name you want is available. If someone else got there first, you’ll need to figure out a new name.

But if your name is available, you should go a little farther by checking federal trademarks and reserving a domain name. These steps will help ensure you have a consistent brand image across the board. If you wait to seek out a domain name or look up trademark registration, you risk discovering a name like yours is already in use. If that happens, you may need to hit reset on your entire branding strategy.

We can register your domain for free when you hire us to form your Mississippi LLC. We’ll also give you three months of email and website services.

Step 2: Choose a Registered Agent

The second step on the path to starting your Mississippi LLC is picking a Mississippi registered agent. State law requires every formal business entity to appoint a registered agent. Registered agents can be either an individual or a company, but either way, they’re responsible for accepting legal mail on behalf of the companies they represent.

Mississippi law says that registered agents must:

• Have a physical address where service of process can be delivered and signed for. PO boxes aren’t acceptable.
• Forward any service of process notices to the business the registered agent represents.
• Be available during normal business hours to receive legal mail.
• Keep their information on file and updated with the Secretary of State.

You can opt to act as your own registered agent if you meet the above qualifications.

Step 3: File Mississippi Certificate of Formation

Filing a Mississippi Certificate of Formation is what officially forms your LLC with the state. You must fill out the paperwork correctly for your Certificate of Formation to be accepted.

You must complete your documents online, though there is an option to print and mail your form with payment once you’ve filled everything out. Either way, there’s a $50 filing fee.

Make sure to include the following information on your Certificate of Formation:

• LLC name: Include an identifier like “LLC.”
• Business email: List an email address where the state can contact you.
• NAICS code: This is a six-digit code that categorizes business activity. You can visit the NAICS website for a list of codes.
• Registered agent info: List their name and physical address.
• Organizer signature and address: The person preparing this document should sign it and assert that the listed registered agent has agreed to their appointment.

Step 4: Set Up Business Operations

Once Mississippi approves your Certificate of Formation, your LLC is registered. But there are other steps you should take to get everything in its proper place and maintain your limited liability.

• Draft an operating agreement: An operating agreement goes into detail about every possible function of your LLC, including its daily operations. You’ll need to include information on topics like how membership interests get distributed and how the LLC is managed. While this is an internal record, you should bring a copy of it with you when you go open a business account at the bank.
• Obtain an EIN: The majority of LLCs need to get an Employer Identification Number (EIN) from the IRS. It’s required for opening a bank account and hiring employees, among other things. It’s also a more private option than using your Social Security number, which you can do if you’re creating a single-member LLC.
• Open a business bank account: It’s essential that you separate your personal finances from your business finances. If you don’t, you’re putting the personal asset protection an LLC provides at risk. To avoid losing that protection, you need to establish a business bank account.
• Get business licensing or permits: Mississippi does not require a general license, but most entities will have to register with the Mississippi Department of Revenue so the state can collect income tax and sales tax. Cities like Jackson, the most populous city in the state, also require you to obtain a local business license and renew it annually. If you’re working in certain types of industries like cosmetology and insurance, you’ll have to register, pass an exam, or otherwise get certified by the state.

Step 5: File BOI Report

Federal law requires that most businesses file a Beneficial Ownership Information (BOI Report) as of 2024. The requirement is part of a law Congress passed to fight fraud and money laundering.

The BOI Report requires you to list information about the company’s beneficial owners. A beneficial owner is a person with a significant amount of control or influence over the business. If your LLC was formed after January 1, 2024, you must also list information about the person or entity who filed your LLC’s formation paperwork, aka the company applicant.

We’re able to file your BOI Report for you when you hire us to form your Mississippi LLC.