Mississippi Registered Agent: LLC Options & Requirements
Forming an LLC in Mississippi is a big decision. Before filing the Certificate of Formation, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.
What is a Mississippi Registered Agent & is it Necessary?
Yes, a registered agent is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state of Mississippi.
In short, the registered agent assumes statutory responsibilities. He or she must agree to receive and deliver any official communications such as tax or legal documents from the state of Mississippi to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.
Here’s what Mississippi code specifically says are the duties of a registered agent:
If an LLC does not assign or maintain a registered agent, the LLC will be treated as the agent.
What are the Requirements of a Registered Agent?
Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:
- The agent must be an individual resident of the state of Mississippi or a corporation authorized for business in Mississippi.
- The agent must have a physical address in Mississippi.
- The agent must have a mailing address in Mississippi.
For reference, here is a screenshot of what information is required on the Mississippi Certificate of Formation:
Who can be a Registered Agent in Mississippi?
The Alaska registered agent can be either an individual or a professional service. Here are the pros and cons of each option.
As mentioned above, if using an individual as your registered agent, the individual must be a resident of Mississippi.
This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.
Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Certificate of Formation.
- Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
- Cost – The cost will likely be much lower than using a service, perhaps even free.
- Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
- Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.
Registered Agent Service
If a service is acting as registered agent, it must be a business, professional, or non-profit corporation. It cannot be an LLC, LLP or LP. Registered agent services provide this type of assistance. The service’s name and address must be included on the Certificate of Formation.
- Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
- Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
- Location – An LLC is not required to maintain a physical presence in the state of Mississippi. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.
- Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
- Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!
Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.
How to get a Free Registered Agent
The most cost effective way to get a free registered agent in Mississippi is to use a professional LLC service that also offers a free registered agent service.
How it Works
Simply hire a service like IncFile and Northwest Registered Agent to form a Mississippi LLC. As part of their package, they’ll include a free registered agent service and list their address on the Certificate of Formation instead of yours.
All you pay for is the $50 Mississippi state LLC formation fee + $49 or $79 service fee.
This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Mississippi.
How to Change Your Mississippi Registered Agent
If you need to change your current registered agent in Mississippi, start off by logging in to your account in the online filing system. If you don’t have an account, you will need to create one. Then, follow these steps:
- Select “File an Amendment for an Existing Business” and enter your Mississippi business ID number.
- Select “File an Amendment for an Existing Business” again on the next page.
- The next page will show the business information currently on file. Change your registered agent information and submit.
- You will come to a page with pending filings. Click the filing you just completed, then select “Submit Payment.” The fee is $50.
In addition to paying online via card, you can print your filing and mail it, with a check or money order, to P.O. Box 136 Jackson, MS 39205-0136
The Secretary of State also provides step-by-step instructions for filing an amendment. See them here.
You can’t change your registered agent by updating your annual report or Certificate of Formation. You must file an amendment as outlined above.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you’re good to go! Your change will be processed within 24 hours, so you’ll see your new registered agent on file the next day.
Have Questions or Concerns?
If you’d like to talk to the state directly about your questions or concerns, it’s easy!
Visit Their Website
Visit the Mississippi Secretary of State website for more information about registered agents in the state of Mississippi. They have a great FAQ regarding changing a registered agent, changing a registered agent’s address, and much more you should be aware about.
Give Them a Call
If you’d prefer to call, reach out to their Jackson office at (601) 359-1633.