How to Register a Business Name in Mississippi
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In Mississippi, you have three pathways to register your business name. You can establish it as an LLC or Corporation to have your business be a separate entity or you can opt for a DBA (officially recognized as a Fictitious Name) if you’re a sole proprietor or part of a general partnership. If you want additional protection against people using your business name across the country, you can also opt to file a federal trademark with the USPTO.
Be sure to have your business name registered before completing the other registrations you’ll need to be legally compliant in Mississippi, like:
- Setting up a Mississippi Taxpayer Access Point (TAP) account to register for Sales and Use Tax or Withholding Tax
- Registering as an employer with the Mississippi Department of Employment Security (MDES) for Unemployment Insurance tax purposes
- Obtaining any required professional licenses or local permits for your business activities
- Acquiring an Employer Identification Number (EIN) from the IRS
- Opening a dedicated business bank account for effective financial management
How much does it cost to Register a Business Name in Mississippi?
The cost to register a Mississippi business name varies depending on the type of registration:
- Mississippi LLC cost: $50
- Mississippi Corporation cost: $52
- Mississippi DBA cost: $25
Steps to Registering a Business Name in Mississippi:
1. Check Business Name Availability
Before registering your Mississippi business name, you’ll want to confirm that your business name is available. Even if the exact name isn’t in use, you should also make sure that it isn’t too similar to other names in use. If another business is using your desired business name, you’ll need to come up with another name. To be thorough, you should include three types of searches:
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Start your Mississippi business name search with the help of professionals.
Trademark Search
Federal trademarks are the highest registration level for a business name, so you should start there. Trademarks registered with the U.S. Patent and Trademark Office (USPTO) supersede state and local level registrations, so verifying the name you want isn’t trademarked is crucial. If it is trademarked, you’ll need to go back to square one and come up with a new name.
Visit the Trademark Electronic Search System (TESS) page to search the USPTO database directly. If you find the results overwhelming or difficult to understand, you can also use the Free Trademark Search available from Trademark Engine.
Mississippi Business Name Search
You can move on to verifying that your business name is available to use in Mississippi after you’re sure it hasn’t been trademarked. To do a Mississippi business name search, use the Mississippi Business Search to search the database of business names registered in the state.
You’ll want to search for your exact name and do some searches that include partial matches of your business name or use wildcard characters. This ensures that there aren’t businesses with very similar names that don’t appear from an exact name search. One of the number one reasons a business name registration is rejected is the name being too similar to an existing business.
Pro Tip: If you do a search and see your name is available but was used in the past, you should strongly consider choosing a new name. Using a previously registered name can cause issues with obtaining an EIN.
Since most businesses choose to get an EIN, it will be highly likely that an EIN has been issued with that name. If an EIN was previously issued under that business name, the IRS EIN system cannot issue an EIN online and will return a 101 reference error. When an EIN application gets a 101 error, the only way to get an EIN issued under that name is to call the IRS and fax them a copy of your business registration paperwork. So, do yourself a favor and pick a new name unless you absolutely need to use that name.
Website Domain Search
At this stage, you should have a good idea that your name is available to use in Mississippi and no trademark issues, so it’s time to ensure your domain name is available. For almost every business, it’s worth it to register a business domain name to prevent competitors from taking your domain name. If you want a professional business email address, you’ll also need to register your domain.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
Before you can file a business name registration in Mississippi, you need to decide on the structure your business will use. The specific registration requirements and type of filing will depend on if your business is an LLC, corporation, sole proprietorship, or general partnership. Each of these business structures has its own advantages and disadvantages. It impacts important aspects of your business, including the owners’ legal liability, how taxes are paid, and how easy it can be to get loans. Below is a comparison and explanation of each structure. If you require additional guidance, be sure to check out our guide, How to Choose your Business Structure, where we cover this decision in more detail.
Recommended Business Structure:
Starting an LLC is ideal for most new businesses because they can have any number of owners and have unique benefits. LLCs provide liability protection that isn’t available to sole proprietors and general partnerships with pass-through taxation that corporations lack.
If you think an LLC is for you and want help, check out our guide to the best LLC services, to find the provider that best fits what you’re looking for.
LLC
A Limited Liability Company (LLC) is a business structure allowed under Mississippi law (MS Code § 79-29) that safeguards owners’ personal assets, enables multiple owners, and allows for adaptable management and taxation options.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in Mississippi?
Yes, to be legally recognized as an LLC in Mississippi, you must register with the Mississippi Secretary of State.
Corporation
A corporation is a business structure under Mississippi law (MS Code § 79-4) that is legally distinct from its owners. Stockholders own it, with limited liability protection. It’s perfect for gaining external funds and shielding personal assets.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in Mississippi?
Yes, for official recognition as a Corporation in Mississippi, registration with the Mississippi Secretary of State is mandatory.
Sole Proprietor
A sole proprietorship is a solo-operated business. Simple to start, minimal paperwork. Owner and business are legally indistinguishable, leading to unlimited personal liability.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in Mississippi?
Sole proprietors in Mississippi aren’t legally required by the state to register their business name. However, if you want to open a separate business bank account under a business name different from your full name (first and last name) they’ll probably require proof of a registered “doing business as” (DBA) name.
Partnership
A partnership involves 2 or more owners sharing business responsibilities. Each partner has unlimited personal liability. Profits and losses are reported individually for tax purposes.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in Mississippi?
In Mississippi general partnerships aren’t legally required to register their business names. However, if you plan on opening a business bank account under a name that doesn’t include all the partners’ last names, your bank will likely require you to provide proof you filed a DBA registration, officially referred to as a Fictitious Name.
3. File your Mississippi Business Name Registration
Having confirmed your business name’s availability and selected an appropriate structure, it’s now time to finalize the registration of your Mississippi business name. Ensure you follow the process that matches your chosen business structure. Remember, if you opted for a sole proprietorship or partnership, you’ll be filing a DBA.
Register a Mississippi LLC Name
To form an LLC in Mississippi, you’ll need to file a document known as a Certificate of Formation and submit it to the Mississippi Secretary of State. There’s a filing fee of $50 to create an LLC. In the Certificate of Formation filing you’ll provide details about your business, such as:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Mississippi LLC Name Requirements
Mississippi LLCs must use a name that follows the naming rules outlined in Mississippi law (MS Code § 79-29-109):
- Must be distinguishable (unique) from all others businesses registered with the Mississippi Secretary of State
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union
For more in-depth information check out our How to Start an LLC in Mississippi guide, where we cover all the steps needed to form an LLC in full detail.
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Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Mississippi LLC.
Register a Mississippi Corporation Name
To register as a Mississippi Corporation, you’ll be required to complete and submit the Articles of Incorporation to the Mississippi Secretary of State, which costs $52. In your Articles of Incorporation submission you’ll need to provide details to the Mississippi Secretary of State about your business, including:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Mississippi Corporation Name Requirements
Corporations in Mississippi are required to use a name that follows the rules detailed under Mississippi law (MS Code § 79-4-4.01):
- Must be distinguishable (unique) from all others businesses registered with the Mississippi Secretary of State
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union
Want to Incorporate in Mississippi?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Mississippi, which covers each step you’ll need to complete to start a Mississippi corporation.
Register a Mississippi DBA (Fictitious Name)
A Mississippi DBA (Fictitious Name) allows a business to operate using a business name that is different than their legal name. To register a Mississippi DBA you’ll need to complete a Fictitious Business Name Registration application and submit it to the Mississippi Secretary of State, along with the filing fee of $25. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Fictitious Name)
- Address where business is transacted
Mississippi DBA (Fictitious Name) Requirements
The rules for a Mississippi Fictitious Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Fictitious Name. DBAs also can’t contain prohibited words or words that imply association with government entities.
Mississippi DBA Registration Assistance
Get help registering your Mississippi DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Trademark registration can provide increased security for your business identity. A trademark is like a safeguard for your Mississippi business name, allowing you complete control over your brand. Unlike state-level registrations, trademarks offer federal-level protection that extends nationwide.
You can apply for a trademark online, but be aware that the process can be complex and time-consuming. Evaluation of a trademark application by a USPTO examining attorney takes approximately 7-9 months. Given the intricacies involved in the process, thoroughly preparing your initial application with great attention to detail is essential.
To streamline the trademark registration journey, seek guidance from a qualified attorney or specialized trademark filing service. Their expertise can save you time and simplify the complexities associated with application submission and follow-ups.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in Mississippi
For more help, check out our How to Start a Business in Mississippi guide, or use these resources:
- Mississippi Secretary of State – The official state agency responsible for business registration, providing information on legal requirements, forms, and online registration options.
- Mississippi Department of Revenue – Offers guidance on tax-related matters for businesses, including information on state taxes, permits, and licenses.
- Mississippi Economic Council – A business association that provides networking opportunities, advocacy, and resources to support business growth and development in the state.
- Mississippi Small Business Development Center (SBDC) – Offers free consulting, training, and resources to help entrepreneurs start, grow, and manage their businesses effectively.
- SCORE Mississippi – A nonprofit organization that provides mentorship and education to small business owners and entrepreneurs, offering valuable guidance and expertise.
- Mississippi Development Authority (MDA) – Offers information and assistance on financing options, grants, and incentives available for businesses looking to establish or expand operations in Mississippi.