Do I need a lawyer to Form a LLC in Mississippi? |
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The short answer is no.
The state of Mississippi does not legally require a lawyer to form a
Mississippi Limited Liability Company (LLC).
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The short answer is no.
The state of Mississippi does not legally require a lawyer to form a
Mississippi Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Mississippi LLC.
However, if there is anything about Forming a LLC in Mississippi
that you're not sure about you should seek the advice of a competent Mississippi lawyer, a Mississippi accountant,
or a Mississippi Business advisor before you form a LLC in Mississippi.
Once you have made the decision to Form a LLC in Mississippi, a Mississippi lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Mississippi Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Mississippi?
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You are not legally required to reserve a Company Name for a new Mississippi LLC before you submit your application to
Form a LLC in Mississippi.
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You are not legally required to reserve a Company Name for a new Mississippi LLC before you submit your application to Form a LLC in
Mississippi.
Whether or not you need to reserve a company name for your new Mississippi LLC depends entirely on your business situation.
The Mississippi Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Mississippi Company Name.
Click here for more information on
Mississippi Company Name Reservation
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What if the Mississippi LLC Name I want is already taken?
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If the Name you have chosen for your new Mississippi LLC is already in use by a currently active
Mississippi Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Mississippi Secretary of State. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Mississippi LLC is available before we submit
your new LLC filing to the Mississippi Secretary of State.
If necessary we can register a DBA Name in Mississippi for you so that you can open your new Mississippi business as quickly as possible.
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What do I have to do to Form a LLC in Mississippi?
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6 things you have to do in order to Form a LLC in Mississippi.
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6 things you have to do in order to Form a LLC in Mississippi.
1. Choose a name for your Mississippi LLC
2. Select an official address and a Registered Agent for your Mississippi LLC
3. Determine who will be Members and who will Manage your Mississippi LLC
4. Determine how you want your Mississippi LLC to be taxed
5. File Articles of Organization with the Mississippi Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Mississippi LLC
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Your Mississippi LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Mississippi LLC name that you choose must be distinguishable from the name of any other registered Mississippi LLC or other
registered Mississippi business entity, such as a Mississippi Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Mississippi.
Your Mississippi LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Mississippi LLC name must not be a name that is likely to mislead the public.
The name of a Mississippi LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Mississippi LLC because if you want to change it after you
Form a LLC in Mississippi you
will have to file amended Articles of Organization with the Mississippi Secretary of State (and pay a fee).
We will:
- Check to make sure that your Mississippi LLC name is available
- Make sure your Mississippi LLC name conforms to state of Mississippi regulations
- Reserve your Mississippi LLC name with the Mississippi Secretary of State
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2. Select an official address and a Registered Agent for your Mississippi LLC
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Every Mississippi LLC must have an address that is physically located in the state of Mississippi.
This address is "registered" with the Mississippi Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Mississippi to receive all correspondence on behalf of the Mississippi
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Mississippi LLCs hire a Registered Agent because they don't have a physical
address within the state of Mississippi or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Mississippi LLC.
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3. Determine who will be Members and who will Manage your Mississippi LLC
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The owners of a Mississippi LLC are called Members - not Partners or Shareholders.
(a Mississippi Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Mississippi LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Mississippi LLC must have at least one Member.
Members need not live in the state of Mississippi or be citizens of the United States.
Managers are responsible for the day to day operation of the Mississippi LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Mississippi LLC.
Management for your Mississippi LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Mississippi LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Mississippi LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Mississippi LLC is created.
If a single Member Mississippi LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Mississippi LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Mississippi LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Mississippi Secretary of State
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A Mississippi Limited Liability Company is a type of business that is authorized by the state of Mississippi - not by the federal government.
In order to form a LLC in Mississippi you must file Articles of Organization with the Mississippi Secretary of State.
The Articles of Organization must include certain specific information about your Mississippi LLC.
If the Articles do not conform exactly to state of Mississippi requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Mississippi LLC but you will have to pay a fee to the state of
Mississippi in order to make the changes official.
- We can prepare and file your Articles of Organization with the Mississippi Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Mississippi LLC.
All Mississippi LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Mississippi LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Mississippi LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Mississippi LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Mississippi LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Mississippi LLC as soon as it is approved by the Mississippi Secretary of State.
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What do I have to do after I form my Mississippi LLC? |
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5 things you have to do after you Form a LLC in Mississippi.
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5 things you have to do after you Form a LLC in Mississippi.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Mississippi for your MS LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Mississippi LLC reports
5. Keep proper records of your Mississippi LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Mississippi LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Mississippi LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Mississippi LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Mississippi, if you plan to form a multiple Member Mississippi LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Mississippi LLC grows over time, you may amend your Operating Agreement as necessary.
When your Mississippi LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Mississippi.
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2. Open a Business Bank Account in Mississippi
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It's very important that you have a separate business bank account for your Mississippi LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Mississippi Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Mississippi LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Mississippi LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Mississippi LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Mississippi LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Mississippi LLC vary depending on your business activities
and the specific locations within the state of Mississippi in which you want to conduct business.
If your Mississippi LLC will be selling products in Mississippi you may be required to obtain a Reseller's Permit from the appropriate
Mississippi state agency.
If your Mississippi LLC will be selling products in Mississippi you will also be responsible for all applicable local and state of Mississippi
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Mississippi LLC package.
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4. File the required Mississippi LLC reports
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Each Mississippi LLC must file a with the Mississippi Secretary of State.
The Mississippi includes basic information about your Mississippi LLC.
Failure to submit a properly completed Mississippi to the Mississippi Secretary of State on or before the
due date may subject the Mississippi LLC to being administratively dissolved in the state of Mississippi or having its authority to
transact business in the state of Mississippi revoked by the Mississippi Secretary of State.
Penalties may accrue if you fail to file any Mississippi LLC to the Mississippi Secretary of State
by the due date.
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5. Keep proper records of your Mississippi LLC on file
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Keep the following records on file and available at the principal business office of your Mississippi LLC:
- Names and addresses of all Members and Managers of the Mississippi LLC
- Articles of Organization for the Mississippi LLC and any Amendments to them
- Copies of all tax returns and reports for the Mississippi LLC for the last 3 years
- If the Mississippi LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Mississippi LLC
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What information do I need in order to Form a LLC in Mississippi? |
In order to Form a LLC in Mississippi you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Mississippi LLC's Registered Agent.
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In order to Form a LLC in Mississippi you'll need the following information about your new Company:
- The name of your new Mississippi LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Mississippi (not a PO Box)
- Name and address of your Mississippi Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Mississippi LLC
- When your Mississippi LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
Mississippi LLC in the Articles of Organization.
While you are not required to name the Members of a new Mississippi LLC you still may include Member information with your initial
Mississippi LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Mississippi becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Mississippi.
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How long does it take to Form a LLC in Mississippi? |
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Processing times for new Mississippi LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Mississippi Articles of Organization takes the state around 1-2 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Mississippi LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE MISSISSIPPI SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Mississippi Secretary of State.
In our experience 1-2 business days is the time it usually takes the Mississippi Secretary of State to process
a new Mississippi LLC application.
We get your Mississippi LLC application to the MS Secretary of State ASAP. Once it is at the state we have no control over the new Mississippi LLC application process.
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Are there any Expedited Processing Options for new MS LLC Filings?
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The Mississippi Secretary of State does not offer expedited processing options for a new Mississippi LLC filing.
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How much does it cost to Form a LLC in Mississippi? |
The state of Mississippi charges $87.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the MS Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Mississippi, our processing fees are $125.00.
We start processing your new Mississippi LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Mississippi Secretary of State
- Certified Copies of Articles
- Mississippi LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Mississippi Foreign LLC Qualification |
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You want to do business in the state of Mississippi but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Mississippi you must register with the Mississippi Secretary of State as
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You want to do business in the state of Mississippi but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Mississippi you must register with the Mississippi Secretary of State as
a Mississippi Foreign LLC.
The process of registering as a Foreign LLC in the state of Mississippi is called Mississippi LLC Foreign Qualification.
The process of Mississippi LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Mississippi.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Mississippi Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Mississippi Foreign LLC.
Click here for specific requirements for
Mississippi LLC Foreign Qualification.
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