Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties.
There are numerous reasons you might need to give up your Mississippi registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Mississippi LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Notifying the Mississippi LLC
Don’t put your company in a difficult situation by submitting a resignation without prior notice. You’re actually required by Mississippi state law (§ 79-35-11) to send a statement of resignation to your LLC at least 30 days before submitting it to the Secretary of State. This ensures that the company will have ample time to change its registered agent and avoid potential fines and penalties. It also might be a good idea to speak with LLC representatives in person to formulate a transition plan.
After you inform your LLC, wait 30 days, and then you can get started on your official resignation with the state.
Submitting Your Resignation
Your notice to the LLC must be written and mailed, but you’ll need to file your resignation with the state online.
Head over to the Secretary of State’s online filing portal. You’ll need to create an account if you don’t have one already. Then, once you’ve logged in an selected the appropriate form, follow the onscreen prompts to enter the following information:
- The LLC name
- The LLC’s principal office
- Your name
- Confirmation of your resignation
- The date
And that’s it! It’s a pretty streamlined process. What’s even better is that there’s no filing fee, so you can put away your checkbook for now.
Online filings are processed immediately, but that doesn’t mean you’ll be off the books right away. Unless the LLC changes its registered agent sooner, you’ll retain your duties for 31 days. So be aware that you could continue receiving documents and service of process for up to a month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. For example, if your LLC goes without a registered agent for 60 days after you resign, it risks being administratively dissolved, no longer allowed to do business in the state. This is why it’s important to give the company an advance notice.
Whomever the LLC appoints as your replacement must meet Mississippi’s registered agent requirements. As a reminder, every Mississippi agent must:
- Be an individual resident of Mississippi or a corporation authorized to do business in the state
- Have a physical Mississippi address (P.O. boxes aren’t allowed)
- Have a mailing address in Mississippi
- Be present and available at the registered office address during normal business hours
An individual member of the LLC may serve as its registered agent; however, there are times when the best option is to outsource those duties to a professional service.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Mississippi LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Mississippi or something completely different.