The formation of a new, Mississippian limited liability company is a simple process which should only takes a few minutes online. Within this tutorial we will assist those who have found the Secretary of State website confusing by providing a step by step guide through the entire registration process. As there are no PDF form available for download, all applicants will need to register for an online account with the Secretary of State website, submit the requisite information into the online forms and pay the filing fee ($50). This payment can be accomplished by credit card or by printing off a copy of the Certificate of Formation and attaching a check.
Before filing for formation, you may want to perform a Business Entity Search to ensure that your name is available in the state of Mississippi. If you would like to reserve your name prior to filing, in the case that you don’t plan on registering immediately, a Name Reservation costs only $25 and will last for a total of 180 days.
How to Form
Step 2- Now that you’re all logged in, you will be able to see all the options available to those in possession of an online account. In the window titled Name Reservation and Formation Filings, select the first option to form your domestic LLC.
Step 3- On the next page you will be presented with the first window shown below. Select from the drop down menu, the LLC option. As soon as you’ve done this, all the necessary forms will present themselves. To begin, provide your business name and business email.
Step 4- Your Business Details will consist of providing an effective date (if applicable) and defining the nature of your business through the submission of your NAICS Codes. If you are unaware of which code represents the nature of your company, you can use the Search for NAICS Codes.
Step 5- The next window will have you selecting your type of registered agent (Individual or Business) and providing their name, address and email address.
Step 6- To provide the authorized signature, click on the Click to sign link and provide the signatory’s title, name and address before clicking Update.
Step 7- The first page you will encounter after clicking Update should indicate that everything you’ve entered has been entered correctly. If you have missed any info, they will bring it to your attention here.
Step 8- You can attach any documents, such as an operating agreement, at this juncture. When you’ve finished, click Next to continue.
Step 9- The next page will display the options to submit the documents online, print them off to be sent in the mail, email them to a third party, or exit the process to continue at a later date. Steps 10a-10c of this tutorial will cover the electronic submission and payment of the filing fee. Steps 11a and 11b will walk you through the process of submission through the mail. If you have chosen the former, a window letting you know that you’re going to be redirected will present itself.
Step 10a- Review the filing fee here and select your payment type (credit card or e-check). Once you’ve made your decision, click Next. For the purposes of this tutorial, we’ve covered the payment by credit card option.
Step 10b- You will then have to enter your Customer Information including your name, address and contact information.
Step 10c- Submit your credit card data and click Next to view the payment summary thus completing your filing with the Secretary of State.
Step 11a- For those who have chosen to print off the Certificate of Formation, you will be directed to this page on which they will need to click on the blue link to proceed.
Step 11b- You will now be able to print off your form and send it to the below address. Be sure to attach a check made out to the Secretary of State covering the $50 filing fee.
Secretary of State
P.O. Box 136
Jackson, MS 39205
EIN – At some point during or after the registration process, you will need to apply for an Employer Identification Number. This number will allow you to hire employees, open checking/savings accounts, apply for credit cards and commit to all other financial maneuvers as an entity. The EIN is used by the IRS to each employer operating in United States. To learn more about the application process, you should take the time to review our tutorials on the Online and the Form SS-4 processes found here on our website.
Operating Agreement– Though not required by law, it is advisable that you draft an operating agreement at some point during the formation of your limited liability company. This agreement will allow you to effectively delineate the relationship between the managing members of the LLC and the company itself. Any provision relating to the entity’s internal organization not relayed in the initial Certificate of Formation (which is essentially any provision whatsoever) can be provided in your specialized operating agreement. You will find more information linked in the heading of this paragraph as well as free templates in PDF and MS Word format.
Renewal – All LLCs registered in Mississippi will need to renew each year with the submission of their annual report. This brief update will allow your business to maintain in good standing with the Secretary of State and will allow them to be informed of any major changes which have occurred over the previous year. All submissions must be filed online between January 1st and April 15th. There is no filing fee required however you will need to have an account with the Secretary of State website. More on this process can be found here.