Register a DBA in Mississippi

What the law requires

Mississippi runs a centralized, statewide, expressly voluntary fictitious business name registry at the Secretary of State, created in 2010. Registration exists for public notice only - it creates no exclusive rights, is not required to do business, and there is no penalty for operating unregistered (the only penalty in the chapter is for fraudulent filings).

"The purpose of this chapter is to establish a centralized, statewide system of voluntary registration of fictitious business names being used in this state in order to provide the public with the legal names of persons or entities doing business under a fictitious name." — Miss. Code Ann. § 75-93-3

Where filings go

Secretary of State, on prescribed forms; one fictitious business name per application; the Secretary returns a stamped copy of the approved registration and keeps a public record of all registrations.

"(1) An entity may apply to register a fictitious business name by filing with the Secretary of State the following information: (a) The fictitious business name to be registered; (b) The applicant’s legal name and mailing address; (c) Every street address or physical location where the entity uses or will be using the fictitious business name to transact business;" — Miss. Code Ann. § 75-93-7(1)

How long it lasts

Five years, expiring on December 31 of the year of the fifth anniversary of registration. Renewal: Renewable between January 1 and December 31 of the expiration year for another five years; if not timely renewed, the registration expires and the Secretary of State may purge it (§ 75-93-11(2)).

"The registration period for a fictitious business name registered under this chapter shall be five (5) years; registration shall expire on December 31 of the year in which the fifth anniversary of registration occurs." — Miss. Code Ann. § 75-93-11(1)

Name restrictions

The Secretary of State must refuse names that are potentially misleading in the Secretary's sole discretion, or that use entity designators the applicant is not entitled to - 'Corporation/Inc.', 'LLC/LC', 'Business Trust/BT', 'Professional Corporation/PC/Chartered', 'Professional Association', or 'Limited/Ltd.' - unless the applicant is actually that type of entity, plus words needing governmental consent absent written evidence of consent. The Secretary may nonetheless allow a prohibited term if it is not misleading (§ 75-93-25(2)). Conversely, a registered fictitious name is NOT required to carry an entity designator (§ 75-93-23).

"(1) The Secretary of State shall refuse registration of a fictitious business name, which, in the Secretary of State’s sole discretion, is potentially misleading, or which includes any of the following terms: (a) “Corporation,” “Corp.,” “Incorporated,” or “Inc.,” unless the applicant is a corporation organized or qualified to do business pursuant to the laws of this state;" — Miss. Code Ann. § 75-93-25

Entities and assumed names

Mississippi has no separate mandatory entity DBA filing - registered entities use the same voluntary Chapter 93 registry as everyone else (and file free with their annual report). The distinct Title 79 mechanism is for foreign corporations whose real name is unavailable: they may adopt a fictitious name by filing a certified board resolution with the Secretary of State to obtain or maintain their certificate of authority, and that name must be distinguishable on the Secretary's records.

"(2) May use a fictitious name to transact business in this state if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name. (b) Except as authorized by subsections (c) and (d), the corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State" — Miss. Code Ann. § 79-4-15.06(a)(2), (b)