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How to File a DBA in Mississippi

In Mississippi a DBA is a fictitious business name registered statewide with the Secretary of State. Registration is voluntary and no newspaper publication is required. Attorney review available.

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Introduction

Mississippi makes DBA registration voluntary, running one centralized statewide system for what it calls a fictitious business name: the public filing that lets a person or business use a name different from its legal name, and it creates no separate legal entity. You register statewide with the Mississippi Secretary of State, not with a county. The Fictitious Business Name Registration Act describes its own purpose as a centralized, statewide system of voluntary registration of fictitious business names, so registration is voluntary and there is one central filing office (Miss. Code 75-93-3). Mississippi defines a fictitious business name as any name under which an entity transacts business in the state other than the entity's legal name (Miss. Code 75-93-5). You file the registration with the Secretary of State, giving the registrant's legal name and mailing address, the addresses where the business operates, and, for a domestic corporation or LLC, its Mississippi business identification number (Miss. Code 75-93-7). The fee to register or renew is twenty-five dollars, and the same fee applies to a withdrawal, cancellation, amendment, or assignment (Miss. Code 75-93-21). Unlike some states, Mississippi requires no newspaper publication of the name. Registering does not create a corporation or an LLC, does not shield the owner from liability, and gives no exclusive right to the name; it is for public notice only (Miss. Code 75-93-13). A Mississippi fictitious business name registration is effective for five years and expires on December 31 of the year in which its fifth anniversary occurs, and you renew on or before that date to keep it in force (Miss. Code 75-93-11). DocDraft builds your Mississippi fictitious business name registration from your facts, with attorney review available before you file.

Key Things to Know

  1. 1

    Handled at one central statewide office by the Mississippi Secretary of State, a DBA here is called a fictitious business name: a public registration that lets you use a business name different from the owner's legal name, and it creates no separate legal entity (Miss. Code 75-93-5).

  2. 2

    You register statewide with the Mississippi Secretary of State, not with a county. Mississippi runs one central filing office for fictitious business names (Miss. Code 75-93-3 and 75-93-7).

  3. 3

    Registration is voluntary in Mississippi. The chapter's stated purpose is a centralized, statewide system of voluntary registration so the public can find the legal name behind a fictitious business name (Miss. Code 75-93-3).

  4. 4

    The filing fee is twenty-five dollars to register or renew a fictitious business name, and the same twenty-five dollar fee applies to a withdrawal, cancellation, amendment, or assignment (Miss. Code 75-93-21).

  5. 5

    Mississippi requires no newspaper publication of a fictitious business name. Chapter 93 sets no publish step and no proof-of-publication filing, unlike some other states.

  6. 6

    A Mississippi fictitious business name registration lasts five years and expires on December 31 of the year in which its fifth anniversary occurs. You renew on or before that December 31 to keep it in force (Miss. Code 75-93-11).

  7. 7

    Registration is for public notice only. It gives no presumption of an exclusive right to the name and does not constitute authority to transact business or limit liability, so a sole proprietor stays personally responsible (Miss. Code 75-93-13).

Key decisions before you file

Before you file a DBA (Doing Business As) in Mississippi, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.

Open the DBA (Doing Business As) guide

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FICTITIOUS BUSINESS NAME REGISTRATION (MISSISSIPPI DBA) (Filed with the Mississippi Secretary of State under Miss. Code Ann. section 75-93-1 and following)

This statement registers a fictitious business name, commonly called a DBA, under which the registrant named below transacts business in Mississippi. It is filed statewide with the Mississippi Secretary of State, not with a county. Mississippi law makes this registration voluntary and provides one centralized system so the public can find the legal name behind the fictitious name.

  1. Fictitious Business Name. The fictitious business name being registered is [ASSUMED NAME]. Mississippi treats this as any name under which the business operates other than its legal name (Miss. Code 75-93-5). The name should not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is in fact that type of entity.

  2. Registrant. The full legal name of the registrant is [REGISTRANT LEGAL NAME], with mailing address [REGISTRANT ADDRESS]. The registrant is [an individual / a general partnership / a limited liability company / a corporation / other].

  3. Business Identification. A domestic corporation or limited liability company gives its Mississippi business identification number: [ID NUMBER, OR STATE NOT APPLICABLE]. A foreign corporation or limited liability company gives its state of organization, [STATE], and attaches its certificate of authority to transact business in Mississippi.

  4. Additional Owners. Each additional owner who will use the fictitious business name is [NAME AND ADDRESS OF EACH ADDITIONAL OWNER, OR STATE NONE]. For a general partnership, every partner is listed.

  5. Places of Business. The street addresses or physical locations where the business operates under the fictitious business name are [LIST EACH ADDRESS], with the principal place of business in [COUNTY] County, Mississippi.

  6. Nature of Business. The general type of business conducted under the fictitious business name is [DESCRIBE THE BUSINESS].

  7. Filing and Fee. The registrant files this registration with the Mississippi Secretary of State and pays the filing fee of twenty-five dollars (Miss. Code 75-93-21). The same twenty-five dollar fee applies to a later renewal, withdrawal, cancellation, amendment, or assignment.

  8. Publication. Mississippi requires no newspaper publication of a fictitious business name. There is no publish step and no proof-of-publication filing once the Secretary of State accepts the registration.

  9. Term, Renewal, and Declaration. This registration is effective for five years and expires on December 31 of the year in which its fifth anniversary occurs; the registrant renews on or before that December 31 to keep it in force (Miss. Code 75-93-11). The registrant declares that the information in this registration is true. Registration is for public notice only: it gives no presumption of an exclusive right to the name, does not constitute authority to transact business, creates no separate legal entity, and does not limit the personal liability of a sole proprietor or general partner (Miss. Code 75-93-13).

Dated: ____________

[REGISTRANT SIGNATURE] [PRINTED NAME AND TITLE]

Note: This Mississippi registration follows Miss. Code Ann. sections 75-93-1 to 75-93-31. The Secretary of State provides the form, and the fee, the five-year term, and the no-publication rule are set by state law. For other states and the generic template, see the DBA (Doing Business As) hub.

Mississippi Requirements for DBA (Doing Business As)

Register With the Secretary of State

In Mississippi a DBA is a fictitious business name registered statewide with the Mississippi Secretary of State, not with a county (Miss. Code 75-93-3 and 75-93-7). Mississippi uses one central filing office.

Registration Is Voluntary

Mississippi law makes this registration voluntary. The stated purpose is a centralized, statewide system of voluntary registration so the public can find the legal name behind a fictitious business name (Miss. Code 75-93-3).

The Fictitious Business Name

The exact fictitious business name to register, meaning any name under which the business operates other than its legal name (Miss. Code 75-93-5). It should not imply a corporation or LLC unless the registrant is that type of entity.

Filing Fee of Twenty-Five Dollars

The filing fee is twenty-five dollars to register or renew a fictitious business name, payable to the Secretary of State (Miss. Code 75-93-21). The same fee applies to a withdrawal, cancellation, amendment, or assignment.

Registrant and Business Details

The legal name and mailing address of each registrant and the addresses where the business operates. A domestic corporation or LLC gives its Mississippi business identification number, and a foreign entity gives its state of organization and certificate of authority (Miss. Code 75-93-7).

No Newspaper Publication

Mississippi requires no newspaper publication of a fictitious business name. Chapter 93 sets no publish step and no proof-of-publication filing once the Secretary of State accepts the registration.

Five-Year Term and Renewal

A Mississippi fictitious business name registration lasts five years and expires on December 31 of the year of its fifth anniversary. Renew on or before that December 31 for a twenty-five dollar fee (Miss. Code 75-93-11 and 75-93-21).

No Entity, No Shield, No Trademark

A Mississippi DBA is only a name registration for public notice. It gives no presumption of an exclusive right to the name, does not constitute authority to transact business, and does not limit the personal liability of a sole proprietor or general partner (Miss. Code 75-93-13).

Frequently Asked Questions

In Mississippi a DBA is a fictitious business name, a public filing that lets a person or entity do business under a name different from its legal name. You register it with the Mississippi Secretary of State (Miss. Code 75-93-7). Mississippi defines it as any name under which an entity transacts business other than the entity's legal name (Miss. Code 75-93-5). It connects the name to you on the public record. It does not create a separate legal entity and gives no exclusive right to the name.

In Mississippi a DBA (fictitious business name) is only a name registration you file with the Secretary of State; it creates no new entity and gives no liability protection. A Mississippi LLC is a separate legal entity you form by filing a Certificate of Formation with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing LLC can register a DBA to run a brand under another name. Choose based on whether you need liability protection or just a name.

You register statewide with the Mississippi Secretary of State, not with a county (Miss. Code 75-93-3 and 75-93-7). Mississippi runs a centralized fictitious business name registration filed with the Secretary of State, and the fee is twenty-five dollars to register or renew (Miss. Code 75-93-21). The same twenty-five dollar fee applies to a withdrawal, cancellation, amendment, or assignment. There is no separate county filing in Mississippi.

No. Mississippi does not require you to publish a fictitious business name in a newspaper. Chapter 93 of the Mississippi Code sets no publication step and no proof-of-publication filing, so once the Secretary of State accepts your registration there is nothing further to publish. This is different from states that require a notice to run for several weeks after filing.

A Mississippi fictitious business name registration lasts five years and expires on December 31 of the year in which its fifth anniversary occurs (Miss. Code 75-93-11). You renew on or before that December 31, for a twenty-five dollar fee, to keep it in force for another five years (Miss. Code 75-93-21). Track the December 31 expiration so your registration does not lapse.

Registration is voluntary in Mississippi. The Fictitious Business Name Registration Act sets up a centralized, statewide system of voluntary registration so the public can find the legal name behind a fictitious business name (Miss. Code 75-93-3). You register when you do business under a name different from your legal name and want that connection on the public record. Because it is voluntary, Mississippi does not tie the right to sue to registration the way some publication states do.

No. A Mississippi fictitious business name registration is for public notice only and gives rise to no presumption of an exclusive right to own or use the name, so another business could use a similar name (Miss. Code 75-93-13). Its issuance does not constitute authority to transact business and creates no separate legal entity, so a sole proprietor remains personally liable. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.

Any person or entity transacting business in Mississippi under a name other than its legal name may register that fictitious business name with the Secretary of State (Miss. Code 75-93-5 and 75-93-7). A domestic corporation or LLC gives its Mississippi business identification number, and a foreign corporation or LLC gives its state of organization and its certificate of authority to transact business in Mississippi. Every registrant provides its legal name and mailing address.