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
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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).
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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).
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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).
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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).
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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.
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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).
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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.
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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).