How to Start an LLC in Mississippi

Why Create a Mississippi LLC?

The are several business incentives within the state of Mississippi that businesses can take advantage of, provided your LLC meets the specific criteria. For example, the Minority Business Micro Loan Program provides qualifying businesses with small loans up to the amount of $35,000.

For entrepreneurs wanting to start a business in Mississippi, creating a Mississippi limited liability company (LLC) is generally the fastest and easiest way. With more simplified rules and regulations, an LLC is an ideal business entity for startups and small to medium-sized businesses, granting you the advantages and protections that larger Mississippi corporations benefit from.

Benefits of starting a Mississippi LLC:

• Low cost to file ($50)

• Protect your personal assets from your business liability and debts

• Easily file your taxes and discover potential advantages for tax treatment

• Create, manage, regulate, administer and stay in compliance easily

Learn more about the benefits of the LLC business structure. In this guide, you’ll find information on naming your LLC, getting a Registered Agent, the fees you’ll need to pay, Mississippi business taxes and much more. We also cover your registration needs, filing your Mississippi LLC and how you'll correspond with the Mississippi Secretary of State (SOS).

How to Form an LLC in Mississippi Yourself in 6 Steps

1

Complete a Mississippi LLC Search and Choose a Unique Business Name

To start the process, you’ll need a name for your LLC that’s unique and stands out, but you'll want to make sure that it's not being used by any other business or formed entity in the state. If you’re having trouble coming up with a name, try using Incfile’s Business Name Generator to brainstorm ideas. You'll also need to follow a few naming rules, which you can read about in detail on the Mississippi Business Names page.

Once you’ve chosen a name, you’ll need to make sure it’s available in Mississippi. To find out whether another corporation or company in the state is already using your preferred business name, use our tool to do a business name search. You can also carry out a name search within the Mississippi Secretary of State's website via their business entity search.

2

Provide an Official Address for Your LLC

Regardless of whether your business is in an office building, a home (if the company is run from a residence) or any other physical location, every Mississippi LLC must have a designated street address. It can be located outside the state of Mississippi, but it cannot be a P.O. Box.

3

Assign a Registered Agent

A Registered Agent is someone who receives official legal and tax correspondence and is responsible for filing reports with the Mississippi Secretary of State (SOS). Every LLC in Mississippi is required to have a Registered Agent.

This position can be filled by you, another manager in your business or a dedicated Registered Agent service. If your Mississippi Registered Agent is a person, they must have a physical street address in Mississippi and must be present during business hours to receive important documents on behalf of your business. In Mississippi, you appoint your Registered Agent when you file your Certificate of Formation and formally create your business.

All of Incfile’s packages include Registered Agent service. It’s free for the first year and just $119 per year after that. We also provide you with access to our dashboard where you can easily view any document we've received on your behalf.

4

File Your Certificate of Formation with the Mississippi Secretary of State (SOS)

Once you've gathered all the information for your Mississippi LLC, you’ll need to file your Certificate of Formation with the Mississippi Secretary of State.

Your Certificate of Formation should be filed online with the Mississippi Secretary of State, via the online business portal. The Mississippi LLC filing fee is $50.

You only need to file your Certificate of Formation once, however all LLCs in Mississippi must file an annual report via the online business service once a year to remain compliant with the Secretary of State. There is no fee set by the MS Secretary of State for this service.

What are the fees and requirements to form a business in Mississippi LLC?

5

Get an Employer Identification Number (EIN) from the Internal Revenue Service

You’ll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. An EIN is also required to open a business bank account. You can obtain one directly from the IRS, or you can have Incfile obtain one for you as part of the Mississippi LLC formation process.

6

Create an Operating Agreement

An operating agreement is a kind of "instruction manual" that explains how you'll run your business. An LLC Operating Agreement will outline key components of your business - how decisions will be made, how the business is divided among members and what will happen if a member leaves the company.

Although some states require businesses to have this document in place, you're not legally required to have an LLC Operating Agreement in place to conduct business in Mississippi. We do recommend having one for your business nonetheless.

Other Mississippi LLC Types

Professional LLC

Professional Limited Liability Companies (PLLCs) are different from professional corporations in that they typically have licensing requirements applicable to certain fields, such as law and medicine. In order to form a PLLC, you may need a state license to practice.

Learn more about PLLC vs. LLC and which one is right for your business.

Foreign LLC

If your business is already operating in another state and expanding to Mississippi—or vice versa—you’ll need to form a Foreign LLC.

Learn more about Mississippi Foreign LLC registration.

Helpful Resources from the State of Mississippi