A registered agent is a critical component of the establishment and maintenance of your Limited Liability Corporation (LLC). Appointing a registered agent for your LLC in Mississippi is a legal requirement, and it also ensures there is a party available to obtain and maintain necessary legal communications for your business.
A registered agent’s purpose is multi-faceted. Their job is to receive as well as inform you, as the business owner, about the following:
Your registered agent is the first line of communication and defense against any type of legal challenge your business faces. Under MS Code § 79-35-14, Mississippi LLCs must have a registered agent in place. This agent must keep track of all current information related to the company, including the name, ownership, and address. The business owner appoints such a party, and if you fail to appoint one or you fail to maintain one, that could jeopardize your right to operate in the state.
Your business can name any person or organization to operate as your registered agent if they meet specific requirements. Those requirements include:
There are several routes to take to set up your registered agent in Mississippi. The first consideration is who you will use.
If you choose to be your own registered agent, and you meet all of the requirements for doing so, including physical address and availability, you can then register with the state as such. There are benefits to doing so, including directly handling correspondence. However, there are also disadvantages to doing so, such as having expected availability and a lack of privacy.
If you wish to complete this process and operate as your own registered agent, you can do so by filling out the necessary forms with the Secretary of State. The state’s preferred method is to use the Secretary of State website portal. You will need to register for a login and password and then create a profile to use these digital tools.
All business filings can be submitted online through this portal. The state no longer accepts paper forms. If you would like help with digital portal documentation, you will need to contact the Business Services Customer Service Line. You can do that by calling 601-359-1633. The location does not accept in-person appointments for registered agent services at their locations.
To use a registered agent, you will need to file a Consent to Appointment document with the Secretary of State. To access this process through the digital portal, follow these steps:
You can make payments online through the portal. If you would rather, you can print off the information and then submit a check in the required amount. Mail it to:
Secretary of State
PO Box 136
Jackson, MS 39205-0136
If you are using a registered agent service, they will handle this process on your behalf. That includes all of the steps required to submit a new business entity with the state.
To update your registered agent in Mississippi, you will need to use the same online portal to provide the new information to the Secretary of State. To do this, you will use the icon to “File an Amendment on an Existing Business.” This will require you to provide your existing Mississippi business ID number. You can then use the portal to upload the necessary documentation.
Note that you will need to notify your existing registered agent if you have one and that you are moving to another provider. Do this in writing.
Then, complete the necessary steps to change your registered information within the portal. You can submit the following document through the portal to do so, “Registered Agent/Office Statement Change”. There is a $10 fee for all types of business to change your registered agent.
As with registering the first time, this process is done online. However, you can also pay your fee by mail.
Yes, you have the right to be your own registered agent. To do so, you must be able to commit to being available during normal business hours for legal correspondence to be sent to you. You must also meet other eligibility requirements, such as being at least 18 years of age.
Then, follow the steps above to submit your information to become a registered agent. Note that this process has drawbacks, including the need to accept and understand legal documents and expected costs.
It is not often recommended that you serve as your own registered agent. Doing so requires time and commitment that could get in the way of operating your business the way you desire. Most often, hiring a third-party service will be an affordable way to protect your business’s legal right to operate in the state.
Utilizing a registered agent service is a fast and efficient method of protecting your business license. It ensures you meet the compliance requirements set by the state without much if any, interference with the way you operate your business each day. Some of the key benefits of using a registered agent service in Mississippi include:
You can focus on your business. Instead of having to worry about being available during normal business hours on the off chance that a government document shows up, you can have peace of mind. Someone is there to receive your documentation if necessary. You can continue to work your small business as you desire.
Perhaps most important is meeting state law requirements. If you do not have a registered agent that’s available as required, you could face claims made against you, and ultimately, that can lead to penalty fees if you want to keep your business open. Using a registered agent means you’re using a service that will handle this type of support and reliability for you. More so, if there is any type of loss of official documentation, such as your business catches on fire, the documents you need to maintain your business ownership are with your registered agent.
Another nice perk of hiring someone else to do the work for you is that you maintain flexibility to fit your schedule. That means you do not have to work regular business hours if you do not want to do so. It means you take time off when you desire to travel or meet medical needs. That type of flexibility could be why you went into your own business in the first place.
Having a registered agent service means you do not have to obtain, maintain, or verify documentation. It can all be done for you. These professionals have experience within your industry and can handle all required correspondence efficiently. That may include, for example, managing your annual report filings.
A registered agent is a valuable resource in Mississippi. You must have a registered agent on file with the Secretary of State in order to operate your business legally. You can operate as your own registered agent. However, the convenience, privacy, and overall efficiency of having a professional service handle this task for you is well worth it, especially with a low price point.
If you are ready to establish your business, you can appoint a registered agent as soon as today. You can get it set up in no time so that you begin meeting the state’s requirements immediately. Contact Tailor Brands today to learn more about how we can help you.
Under Mississippi law, you must have a registered agent available to operate your business. You can choose to serve as your own, but you will need to file documentation with the state indicating that this is your goal. If you cancel your registered agent without doing so, you could face fines. You may also lose your good standing status, and in some cases, you may face potential administrative dissolution of your business.
You can name your spouse as your registered agent under Mississippi law. However, they must still meet the state’s legal requirements. Keep in mind that your spouse must still meet the requirement of being available during normal business hours on most days. That means that if your spouse is doing other work, they may not be able to remain present long enough to meet state requirements.
No, it does not. You can use a registered agent service that operates on your behalf. However, agents are typically individuals or groups who bring these tasks together. You may benefit by having a professional service for peace of mind.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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