1. Choose a Name for Your Mississippi Corporation
Check on Available Names in Mississippi: If you want to incorporate your small business in the state of Mississippi, the first step is to choose a name for your corporation. You must choose a name that is not in use by another corporation. Before you file to incorporate your small business, you should thoroughly search online and other records to make sure that the name that you have chosen for your corporation is not already in use by another corporation. You can search an online database of corporations registered in Mississippi at Mississippi Corporation.
Reserve a Corporate Name: It is not necessary to reserve a name before you file Articles of Incorporation, but if you want to reserve a particular name before you file, you can submit a name reservation application online at Reserve a Mississippi Corporation Name. The fee to reserve a name is $25.00.
Filing Trademarks and Doing a Corporate Name Search: Even if the name that you choose for your corporation is not in use by another corporation registered in the state of Mississippi, another corporation in another state could be using the same name. There could be restrictions on your use of the name that you have chosen. You should consult an attorney to find out what these restrictions may be and how you can take steps to trademark the name that you have chosen for your corporation.
Mississippi Corporate Name Requirements: The name that you choose for your corporation should include a corporate word such as “corporation,” “incorporated,” “limited,” “company” or an abbreviation of one of these words such as “Co,” “Inc.,” or “Ltd.”
2. Find a Registered Agent in Mississippi
After you have chosen a name for your corporation, the next step is to choose a registered agent. Your registered agent will act as an agent for service of process and will be responsible for receiving all legal and tax documents on behalf of your corporation. You can indicate an adult Mississippi resident or a corporation as your registered agent. Your corporation cannot act as its own registered agent.
3. File Articles of Incorporation with the Mississippi Secretary of State
Minimum Requirements: Once you have chosen a name for your corporation and a registered agent, you are ready for the next step in incorporating your small business, which is to file Articles of Incorporation with the Secretary of State. The Articles of Incorporation for your company needs to include the name of your corporation, the name and address of your registered agent, the number of shares that your corporation is authorized to issue, and the name and address of each incorporator. The Articles of Incorporation must be signed by all of the incorporators. You can download the Articles of Incorporation form online at Mississippi Corporation Set Up.
Other Mississippi Legal Provisions: Your Articles of Incorporation can include additional articles if you wish. You should consult an attorney so that you can be sure to include any additional legal provisions that are important for your corporation.
Where to Submit Form: Once you have completed the Articles of Incorporation form for your corporation, you should mail the document along with the filing fee to Secretary of State, PO Box 136, Jackson, MS 39205-0136.
Filing Fee: The fee to file Articles of Incorporation in Mississippi is $50.00.
4. Create Other Mississippi Incorporation Documents (Corporate Kits)
After you have created and submitted the Articles of Incorporation for your corporation, you need to think about the next actions that you will take in your corporation. These actions could include appointing officers and directors, adopting corporation bylaws, issuing stock certificates, obtaining a tax ID number, and acquiring a business license. When you begin to take these actions, you should also think about creating other types of corporate documents such as buy-sell agreements, shareholders agreements that determine when stock can be sold, and documents that describe what will happen if an owner decides to leave the company. These types of corporate documents can be especially useful if your corporation has multiple owners. It is advisable to seek legal counsel when you are drafting these documents. An attorney can help you prepare corporate documents that are in compliance with state legal requirements. There are also various corporate service companies that can help you prepare these corporate documents for a fee.
5. Qualify Your Mississippi Corporation to Do Business in Other States
Another step you will need to take after you file to incorporate is to qualify your corporation to do business in other states. If the main office of your corporation is located in another state, you will most likely be required to qualify your corporation to do business in that state. Most other states will require you to qualify to do business and will require you to pay taxes in your home state. If you want to read more about how to qualify your corporation to do business in other states, go to Doing Business in other states.
6. Make Annual Filings and Pay Annual Fees and Taxes in Mississippi
You will need to file an annual report for your corporation in the state of Mississippi. The fee is $22.00 to file this report. In the report you will provide updated information about your corporation, your officers and directors, and your registered agent. You can file online at Mississippi Corporation Fee.
Any corporation that is registered in the state of Mississippi is subject to Mississippi state income taxes. Once you register your corporation in Mississippi, you will be responsible to file a corporate income tax form with the state. To download tax forms and learn more about the corporate tax in Mississippi, go to the official website of the Mississippi Department of Revenue at Mississippi Corporation Tax. It is advisable to have a professional accountant prepare tax documents for your corporation. An accountant will help you to avoid mistakes in the preparation of your tax documents. Mistakes on your tax forms could cost you extra taxes.
You will need to make many decisions when you are in the process of incorporating your small business, especially if the corporation has multiple owners. It is strongly recommended that you consult an attorney and an accountant during this process. With the right counsel, you can feel more confident that your paperwork is being processed correctly.
This article is for informational purposes and does not constitute legal, financial or tax advice. This information is derived from various sources and should not be relied on as an official source of information. All information should be independently verified. You should consult a legal or accounting professional before incorporating your business.
Disclaimer: This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.