How To Change An LLC Name In Mississippi? (Full Guide)
Changing an LLC name in Mississippi requires filing a Certificate of Amendment with the Secretary of State and paying a $50 filing fee.
As a business consultant who has guided more than 40 LLC owners through name changes and entity amendments, I know exactly where businesses lose time — and how to avoid it.
Below is the process, step by step.
Quick Summary
- Make sure that the desired name is available before filing the amendment.
- In Mississippi, all Certificate of Amendment filings are now submitted through the Secretary of State's online Business Services portal, as the state no longer accepts mail submissions.
- I always remind my clients that they should notify all members about the meeting and the agenda for discussing the proposed name change.
3 Steps To Change An LLC Name In Mississippi
To change your Mississippi business name, you will need to follow these 3 steps:
1. Choose A New Business Name in Mississippi
While choosing a new business name may sound simple, it may involve more steps than you know.
When choosing a new name to put on all the documents related to your Mississippi business, you must meet the following requirements:
- You can't use language implying that the company has been created for any purpose other than what is stated in the business documents.
- It must contain specific words that indicate the type of entity structure of your business, for example, LLC or limited liability company.
- Be unique from any other registered business name or a fictitious name or DBA name of other businesses on file with the Secretary.
When changing our company name, we did some research to ensure our business name was available and did not infringe on any trademark rights.
I recommend verifying that your new name meets the requirements and doing a search to verify if there are any similar names to your chosen company name.
You can check your LLC or DBA name availability on the Secretary Of State's website [1].
Once you have a name, you can reserve it for 180 days by filing a name reservation form and paying the $25 filing fee online [2]. Mississippi law allows you to renew the 180-day reservation once, by filing a renewal application within 30 days before the initial reservation expires.
"Before submitting your amendment form (the Amendment), it's crucial to ensure that your new LLC name is available in Mississippi, as state regulations prohibit two businesses from sharing the same or highly similar names, a concept known as LLC name distinguishability."
- Jon Morgan, CEO, Co-Founder & Editor-in-Chief of Venture Smarter
2. Get Member Approval For Name Change
Schedule a meeting with all the members of the LLC to discuss the proposed name change.
This meeting can be held in person or, if allowed by the LLC's operating agreement, through written consent or electronic communication.
Notify all members about the meeting and the agenda, which includes the proposed name change.
During the meeting, present the proposed name change and allow members to discuss it. Members may ask questions, express their opinions, and share concerns.
After the discussion, conduct a formal vote.
In our case, the operating agreement mandated a unanimous voting requirement which was met before we filed any documents with the state.
3. File A Mississippi Amendment Certificate
Once you have all the things needed to change your name in Mississippi, you can file your Certificate of Amendment with the state.
You can submit it via mail, in person, or online using the online filing system on the Business Services website from the Secretary. All amendments must be submitted online through the Secretary of State's Business Services portal and mail filings are no longer accepted.
The fee is $50 regardless of the filing method, and expedited service isn't provided.
What To Do After You Change Your Company Name In Mississippi
After you have officially changed your LLC name or DBA name and paid the necessary fees, there are still a few additional steps to take to update your new business name.
Update your business name on the following:
- Notify government agencies: After changing your Mississippi LLC's name, you should promptly update your business information with various state and federal agencies, including the IRS. For a multi-member LLC, check the name change box on Form 1065 when filing your annual return. For a single-member LLC, mail a signed letter to the IRS address where you file your return, and include a stamped copy of your state-approved Articles of Amendment as proof.
- Update licenses and permits: Be sure to notify relevant local and state agencies and obtain updated licenses and permits, as necessary, to operate your business under its new name, which may include city or county licenses in addition to state-level permits.
- Inform banks and financial institutions: In addition to updating your LLC's name with banks and financial institutions, it's crucial to order new checks, deposit slips, and any other stationery that bears your business name to avoid any confusion during financial transactions.
- Update contracts and agreements: Carefully review and revise all contracts and agreements involving your Mississippi LLC to reflect the new name, ensuring that your business is legally and consistently represented in all contractual arrangements.
- Update your operating agreement: As part of the name change process, make necessary updates to your LLC's operating agreement to reflect the new name and any associated changes in the management or structure of the company, if applicable.
- Notify clients and customers: You must also inform your customers as soon as possible that you have changed your business name to prevent confusion and keep revenue coming into your corporation. Also, do not forget to inform your Mississippi registered agent.
Related articles:
Alternatives to LLC Name Change
Mississippi LLCs have practical alternatives to a formal name change, including using a DBA for branding flexibility and filing a Certificate of Correction to rectify filing errors.
These options provide solutions for specific situations while allowing LLCs to maintain compliance with state laws and regulations.
DBA
A DBA allows your Mississippi LLC to operate under a different name for marketing purposes, which can be especially useful when introducing a new product or service without altering the legal entity's name.
Keep in mind that DBA requirements can vary by locality within Mississippi, so it's essential to check with the appropriate county or city authorities to understand the specific registration process and fees.
Certificate of Correction
A Certificate of Correction in Mississippi is primarily used to fix mistakes or inaccuracies in previously filed documents, which could include correcting typographical errors in the LLC's name or address.
It's important to note that a Certificate of Correction is not intended for making substantial changes like a deliberate name change, and it's generally used to ensure that official records are accurate and compliant with state regulations.
FAQs
What Words Can't You Use In A Business Name In Mississippi?
You can't use words such as anything that references a governmental unit, bank, or other entity in Mississippi for your business name if it isn't that type of business.
Can You Have Multiple Business Entities Under One LLC In Mississippi?
Yes, you can have multiple business entities under one LLC in Mississippi. This is possible by using a DBA name or fictitious name for your business.
Can I Change My LLC Name In Mississippi And Keep The Same EIN?
Yes, you can change your LLC name in Mississippi and key the same EIN. A change of EIN is generally only required when you are changing the business structure type or ownership of the business.
References:
- https://corp.sos.ms.gov/corp/portal/c/page/corpbusinessidsearch/portal.aspx
- https://www.sos.ms.gov/content/documents/Business/FeeSchedule.pdf
