Assumed-Name (DBA) Registration Requirements in Mississippi
At a glance
| Governing law and scheme | Miss. Code §§ 75-93-1 to -31 — centralized statewide voluntary registration, not a mandatory DBA filing (§ 75-93-3) |
|---|---|
| Who must register | No one must register. Any defined entity using a name other than its legal name may register voluntarily; the definition includes sole proprietors, partnerships, corporations, LLCs, nonprofits, trusts, and other undertakings (§§ 75-93-5, -7) |
| Filing office | Mississippi Secretary of State; one fictitious business name per application (§ 75-93-7) |
| Filing deadline | No initial deadline because registration is voluntary. After registering, file an amendment within 30 days after a material change to the application information (§ 75-93-9) |
| Publication requirement | None — Chapter 93 requires no newspaper publication |
| Filing fee | $25 for registration or renewal; no separate fee when an entity required to file an annual report submits the registration or renewal with that report (§ 75-93-21) |
| Term and renewal | 5 years; expires December 31 of the fifth-anniversary year. Renew January 1–December 31 of the expiration year for another 5 years (§ 75-93-11) |
| Name exclusivity | None. Registration is public notice only, creates no presumption of exclusive rights, and does not preserve the name against another user's later use or registration (§§ 75-93-7, -13) |
| Penalty for noncompliance | None for not registering because registration is voluntary. Knowingly obtaining or applying for registration through a false or fraudulent representation is a misdemeanor punishable by a fine up to $500 (§§ 75-93-3, -31) |
Requirements one by one
Registration is voluntary and statewide
Mississippi's Fictitious Business Name Registration Act is Miss. Code §§ 75-93-1 through 75-93-31. Section 75-93-3 calls it a "centralized, statewide system of voluntary registration." There is therefore no class of business that must register merely because it uses a DBA.
If a business chooses to register, § 75-93-5 defines both the covered name and the eligible applicants broadly. A fictitious business name is a name other than the entity's legal name, and an "entity" includes sole proprietors, self-employed individuals, partnerships, corporations, LLCs, nonprofits, trusts, firms, and other undertakings.
Under § 75-93-7(1), the application goes to the Secretary of State. It identifies the fictitious name, the applicant's legal name and mailing address, and every physical location using the name. Corporations and LLCs supply the specified state identification or authority information. Under § 75-93-7(2), the applicant signs and verifies the filing, and only one fictitious name may appear on each application.
No initial deadline, but registered information must stay current
Because initial registration is optional, Mississippi sets no deadline for a business to register after it starts using a fictitious name. A business that has registered does acquire a maintenance deadline: § 75-93-9 requires an amendment within 30 days after a material change in the information required by § 75-93-7.
The complete Chapter 93 registration scheme contains no newspaper-publication step. The filing is made with the Secretary of State; the registrant does not have to advertise the name or file proof of publication.
Fee, expiration, and renewal
Under § 75-93-21(2), the registration or renewal fee is $25. An entity that is legally required to file an annual report pays no separate registration or renewal fee if it submits the fictitious-name filing with that annual report.
Under § 75-93-11, a registration lasts five years and expires on December 31 of the year containing its fifth anniversary. The renewal window runs from January 1 through December 31 of that expiration year. A timely renewal continues the registration for another five years.
Registration does not reserve the name
Section 75-93-13 makes registration public notice only. It creates no presumption that the registrant exclusively owns or may use the name, does not override earlier trademark or trade-name rights, and does not preserve the name against later use or registration by another person. Consistently, § 75-93-7 forbids the Secretary of State from rejecting a name merely because it is indistinguishable from an existing fictitious name, trademark, or legal entity name.
The penalty covers fraudulent filings, not nonregistration
Mississippi imposes no penalty for simply leaving a DBA unregistered because § 75-93-3 makes registration voluntary. By contrast, § 75-93-31 targets a person who knowingly obtains or applies for registration through a false or fraudulent representation. That offense is a misdemeanor punishable by a fine of up to $500.
What trips people up
- Older official material uses the wrong title number. The 2010 act and an older Secretary of State summary say §§ 25-93-1 and following. The code compiler corrected the chapter to current §§ 75-93-1 through 75-93-31.
- The five-year term is not an operating-license period. Expiration ends the voluntary public-notice registration; it does not create a penalty for using the DBA without registration.
- The name need not be unique. The Secretary of State cannot reject it merely because it matches another filed name, and registration does not decide trademark ownership.
- A voluntary filer still has a 30-day change deadline. Once registered, the business must amend after a material change even though the initial filing was optional.
Common questions
Must a sole proprietor register a DBA in Mississippi?
No. A sole proprietor is an eligible "entity" under § 75-93-5, but § 75-93-3 makes the registration system voluntary.
Can two businesses register the same fictitious name?
Yes. Section 75-93-7 says the Secretary of State may not reject an application merely because the name is indistinguishable from another registered name, trademark, or legal entity name.
When can I renew?
During the calendar year in which the registration expires. Section 75-93-11 opens the renewal window on January 1 and closes it on December 31 of that year.
Is there a penalty for not registering?
No. Nonregistration itself is not penalized because the registry is voluntary. Section 75-93-31 does impose a misdemeanor and a fine up to $500 for a knowingly fraudulent registration or application.
Statutes and sources
- Miss. Code §§ 75-93-3, 75-93-5, and 75-93-7 — voluntary statewide scheme, definitions, eligible entities, application contents, one-name limit, filing office, and identical-name acceptance. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
- Miss. Code §§ 75-93-9 and 75-93-11 — 30-day amendment requirement, five-year term, expiration date, and renewal window. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
- Miss. Code §§ 75-93-13, 75-93-21, and 75-93-31 — no exclusivity, fees, electronic-filing authority, and fraudulent-filing penalty. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
- Mississippi Secretary of State, Summary of the Fictitious Business Name Registration Act — agency confirmation of the voluntary statewide system, $25 fee, five-year term, and no name exclusivity; its Title 25 numbering and no-online-filing statement are obsolete. Official summary (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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