Success - You are well on your way to starting your own business. Based on your answers, we have created a list of what you will need to provide to the State, county and city government.
The Mississippi Secretary of State’s Office would like to assist you in starting your new business. What may seem like a daunting task may be accomplished with relative ease, once you have chosen the type of business which best fits your needs. It is important to consider all of the possibilities when choosing your business structure.
Business may be conducted in Mississippi using many different types of entities, which may require registration with the Secretary of State. Each has advantages and disadvantages. When choosing how you want to operate your business, it is important to keep in mind:
We recommend consulting with an attorney or accountant to determine the appropriate type of entity before setting up your business.
Now that you are starting your business, you will want to begin writing your business plan. A business plan is just a roadmap defining your business and identifying your goals, and how you will achieve them. There are basic components every good plan should include, and resources available to help you craft a business plan.
For more information and assistance with writing a business plan, contact the Mississippi Small Business Development Center.
The old saying “it takes money to make money” holds true for any new business venture. How you finance your business can affect your ability to hire staff, buy goods, acquire licenses, expand and grow.
For more information on business financing contact the Mississippi Small Business Development Center.
Crowdfunding is a way for businesses to raise money by soliciting and accepting small monetary amounts from a large number of people.
Equity Crowdfunding is now available in Mississippi through administrative rules recently adopted by our Agency.
For more information on Invest Mississippi Crowdfunding, visit https://www.sos.ms.gov/crowdfunding. Or you may contact our Office.
*The Secretary of State does not recommend any securities and does not confirm the accuracy or determine the adequacy of a crowdfunding offering. A filing of an offering with the Secretary of State under this Rule does not mean the Secretary of State has passed on the merits of the offering.
Regardless of the State you open or business, or the entity you choose, please contact our Agency..
For assistance with Mississippi state business requirements contact:
Most new businesses in Mississippi are required to register with the Secretary of State’s Office. To see if your business is required to register, contact:
"Domestic" means your business is formed in and operates under the laws of the State of Mississippi.Be sure to submit the appropriate domestic - and not foreign - filings associated with your entity when you register with the Mississippi Secretary of State. All business filings must be submitted online. Many are approved immediately.
Secretary of State Business Services
A company is considered "foreign" if it is already formed in another state and under the laws of that state. A company formed in Mississippi is considered "domestic."
Mississippi encourages foreign companies to do business in Mississippi. If your out-of-state company will be conducting business in Mississippi, you are likely required to register with the Secretary of State. If any of your employees will be in the State for a total of thirty (30) days in any given year, registration is required. Be aware certain foreign businesses, such as contractors or those doing business with State agencies, may be required to register, regardless of the time spent by employees in Mississippi.
Registration of your foreign business is simple. After logging into our filing system, find the link for registering out-of-state businesses. You will be required to provide basic information regarding your company. A registered agent with a street address inside Mississippi and a certificate of good standing from your home state dated within the last six months must also be provided.
In a sole proprietorship one person owns and operates the business. Because a sole proprietorship is not incorporated, it requires no filing with the Secretary of State. The individual owner is personally responsible for the debts and obligations of the business. Earnings are generally taxed as personal income for the owner.
Two or more persons may operate a business as a general partnership. Again, there is no Secretary of State filing requirement to form this type of entity. Many general partnerships will draft a partnership agreement to delineate the responsibilities of each partner. The partnership agreement need not be filed with the State.
The assets of a partnership are owned jointly by the partners. Each partner is personally liable for the actions of the other partners including business debts, taxes and tort liability. Earnings are generally taxed as personal income to each partner.
This business entity is a partnership with two levels of partners: general partners and limited partners. A general partner makes the business decisions and controls the business. The limited partner has a stake in the company, usually through an investment of capital, but has limited control over business decisions. A Certificate of Limited Partnership must be filed with the Secretary of State.
General partners are personally liable for the debts and obligations of the partnership. Limited partners are only liable to the extent of their investment in the company. Earnings for all partners are generally taxed as personal income.
A limited liability company may be owned by one or more persons. The owners are called “members.” All members may participate in managing the company or one or more members may be chosen to make decisions. Forming an LLC requires filing a Certificate of Formation with the Secretary of State.
Members of an LLC are not personally liable for the debts or liabilities of the company. Earnings may be taxed in several different ways. An LLC may have different levels of membership. The members may develop an operating agreement to govern the company. Limited liability companies generally have fewer formal record keeping requirements than corporations.
Mississippi has one of the most modern and comprehensive LLC statues in the country.
A corporation may be owned by one or more persons. Owners are called “shareholders.” A corporation is created by filing Articles of Incorporation with the Secretary of State. Corporations have officers elected by a board of directors that are elected by the shareholders. Corporations operate by a set of rules called “bylaws,” which are drafted by the company and adopted by the shareholders. Bylaws are not filed with the State.
Shareholders of a corporation are not personally liable for the obligations of the company. Unlike an LLC, a corporation is subject to corporate income taxes on its revenues. Profits distributed to the shareholders may be taxed as income.
An “S corporation” under the Internal Revenue Code is formed in the same fashion as a regular corporation. Sub-chapter S corporations may have some tax advantages but also must follow very specific rules. Obtaining tax planning advice when deciding to set up this type of company is recommended.
A nonprofit corporation may be formed for any lawful purpose. The Articles of Incorporation must be filed with the State and must indicate the initial nonprofit activity of the company. Nonprofit corporations are generally run by a Board of Directors and may also have members. Members of a nonprofit may not be paid, and the revenues of the company further its nonprofit goal.
A charity is a type of nonprofit corporation which solicits donations beyond its members. Special IRS rules govern charities. In addition, charitable organizations must register with the Charities Division of the Mississippi Secretary of State and unless an exemption is granted, file a report disclosing their donations and expenditures each year.
A limited liability partnership (LLP) allows all the partners to take an active role in the management of the business while offering members some liability protection from actions of the other partners, the partnership and the partnership employees.
Limited Liability Partnerships:
To form the business entity of your choice, please visit the Business Formation and Services home page of the Secretary of State’s website at https://www.sos.ms.gov/. You may review a PowerPoint demonstration of our online filing system as a guide for the filing process. Then click the "File Business Documents" link to set up your personal filing account. This will allow you to file all of your business documents with the Secretary of State.
You may be required to apply for permits and licenses from your local government (e.g., city or county). Different locations have different requirements. The following are common types of local permits and licenses.
From your city or county clerk or revenue department. Many jurisdictions require a trader's license or tax certificate in order to operate.
From your city or county building and planning department. This permit is generally required if you are constructing or modifying your place of business.
From your city or county health department.
From your city or county building and planning development department. This permit is required for home-based business in some jurisdictions.
From your city or county building and planning department. Some jurisdictions require a permit before you can erect a sign for your business.
From your city or county police or fire department. If you have installed a burglar or fire alarm, you will likely need an alarm permit.
From your city or county building and planning department. This permit is generally required if you are developing land for specific commercial use.
Any business selling alcohol and or tobacco must obtain both city and state permits.
The Federal Employer ID Number (EIN) is used to report withholding taxes. Almost all businesses are required to obtain one.
Apply for a Federal Tax ID number:
Businesses operating in Mississippi are required to register for one or more tax-specific identification numbers, licenses or permits, including income tax withholding, sales and use tax (seller's permit), and unemployment insurance tax.
Some forms will ask for an NAICS number, which is a number associated with the type of business you have so that it can be categorized appropriately. The NAICS Association website has a list of NAICS numbers for reference.
Contact the Mississippi Department of Revenue for more information about business registration and your tax obligations
Businesses with employees are required to file federal and state employee verification documents. Below is a list of links to help you get started. You should contact the State and IRS to make sure you have filed everything.
Stay protected as a business owner, you will want to consider obtaining business insurance to protect your business and yourself.
Though business insurance is an added expense, in many cases, it is also tax deductible. There are many different types of insurance and the level of coverage needed may depend on many aspects of your business. Please visit the Small Business Administration website for more information.
In most states, you must fill out Workers Compensation Insurance forms. If your business does not fall into the category requiring this insurance, you may still need to attest you do not provide WCI. Please visit or contact the Workers Compensation Commission to determine what forms are required for your business. For more information, please contact Mississippi Workers’ Compensation Commission.
After setting up your business entity, you may have additional required registrations with other governmental agencies.
Companies engaging in certain types of business may be required to file additional registrations, pass examinations or provide certifications to other agencies or boards of the State of Mississippi. If you believe your business may have such a requirement, please contact the appropriate agency or visit their website. For your convenience, some of the state agencies or boards are listed below.
A complete list of Mississippi Agencies can be found here