Name/DBA Fictitious Business Name

Registration & Publication Notice

(Mississippi)

[// GUIDANCE: This template is designed for Mississippi practitioners who are preparing a county-level fictitious business-name (“DBA”) filing together with a publication notice. Because Mississippi does not have a single, statewide fictitious-name statute, county practice controls. Publication is not mandated by statewide statute, but many chancery clerks and local newspapers require a standardized notice. Adjust all bracketed language before use and confirm county-specific rules.]

I. DOCUMENT HEADER

1. Title.
   NAME/DBA FICTITIOUS BUSINESS NAME REGISTRATION AND PUBLICATION NOTICE

2. Registrant(s).
   • Legal Name(s): [LEGAL NAME(S) OF REGISTRANT(S)]
   • Entity Type (if any): [Individual / Partnership / Corporation / LLC / Other]
   • State of Organization (if applicable): [STATE]

3. Fictitious Business Name.
   • “[FICTITIOUS NAME]” (the “Fictitious Name”)

4. Principal Place of Business.
   • Physical Address: [STREET, CITY, COUNTY, MS ZIP]
   • Mailing Address (if different): [MAILING ADDRESS]

5. Effective Date.
   • [EFFECTIVE DATE]

6. Governing Law & Filing Authority.
   • Mississippi business-organization law and the rules of the [NAME OF COUNTY] County Chancery Clerk (the “Clerk”).
   • Forum Selection: The Chancery Court of [NAME OF COUNTY] County, Mississippi.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

A. “Affidavit of Publication” means the sworn statement issued by the Newspaper evidencing compliance with the Publication Requirement.
B. “Clerk” has the meaning assigned in Section I(6).
C. “Newspaper” means a newspaper of general circulation in the county where the Principal Place of Business is located.
D. “Publication Requirement” has the meaning assigned in Section III(2).
E. “Registrant” means each person or entity identified in Section I(2).
F. “Renewal Deadline” has the meaning assigned in Section III(3).

III. OPERATIVE PROVISIONS

1. Registration of Fictitious Name.
   a. The Registrant hereby declares its intent to conduct or transact business in Mississippi under the Fictitious Name listed in Section I(3).
   b. The Registrant shall file this Notice, or a county-approved form that contains the information herein, with the Clerk within ten (10) days after the Effective Date.
   c. The Registrant shall pay all filing fees imposed by the Clerk.

2. Publication Requirement.
   a. Within thirty (30) days after filing with the Clerk, the Registrant shall cause this Notice (or a county-approved abstract) to be published one (1) time per week for three (3) consecutive weeks in a Newspaper.
   b. The Registrant shall obtain the Affidavit of Publication from the Newspaper and file it with the Clerk no later than five (5) business days after the last publication date.
   [// GUIDANCE: Some Mississippi counties waive publication for certain entity types. Confirm local practice before publishing.]

3. Renewal; Duration of Registration.
   a. Unless earlier abandoned or cancelled, this registration remains effective for five (5) years from the Effective Date (the “Renewal Deadline”).
   b. At least thirty (30) but not more than one hundred eighty (180) days before the Renewal Deadline, the Registrant may renew the registration by filing (i) a renewal form prescribed by the Clerk and (ii) the applicable fee.
   c. Failure to renew on or before the Renewal Deadline constitutes abandonment of the Fictitious Name for county-record purposes.

4. Changes After Filing.
   a. The Registrant shall file an amended notice within thirty (30) days after any change in (i) ownership, (ii) the Fictitious Name, or (iii) the Principal Place of Business.
   b. Transfer of the Fictitious Name is prohibited unless the transferee files a new notice with the Clerk.

5. Fees & Consideration.
   The consideration for this Notice consists solely of the mutual promises herein and the payment of statutory filing and publication fees.

6. Conditions Precedent.
   This Notice is effective only upon (a) acceptance for filing by the Clerk and (b) completion of the Publication Requirement.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Each Registrant has full legal capacity and authority to adopt and use the Fictitious Name.
2. Non-Infringement. To the best of the Registrant’s knowledge, use of the Fictitious Name does not infringe the trademark or trade-name rights of any third party operating in Mississippi.
3. Lawful Purpose. The Fictitious Name will not be used for any unlawful or deceptive purpose.
4. Accuracy. All information contained in this Notice is true, correct, and complete in all material respects on the Effective Date.
5. Survival. The representations and warranties in this Section IV survive filing and publication for so long as the Fictitious Name remains in use.

V. COVENANTS & RESTRICTIONS

1. Compliance. The Registrant shall comply with all applicable federal, state, and local laws governing the use of the Fictitious Name.
2. Notice of Claims. The Registrant shall promptly notify the Clerk and any known claimants of (i) any legal challenge to the Fictitious Name or (ii) any administrative action affecting its registration.
3. Cure Period. Upon written notice from the Clerk of any defect in this filing, the Registrant shall cure such defect within fifteen (15) days.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Failure to complete the Publication Requirement.
   b. Failure to renew on or before the Renewal Deadline.
   c. Material misrepresentation in this Notice.

2. Remedies.
   a. Administrative Cancellation by the Clerk.
   b. Injunctive relief in the Chancery Court to prevent unlawful use of the Fictitious Name.
   c. Recovery of costs, including reasonable attorney’s fees, in any action to enforce this Notice.

VII. RISK ALLOCATION

[Not applicable—no indemnity, liability caps, or insurance requirements are needed for a statutory notice.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice is governed by the laws of the State of Mississippi.
2. Venue. Exclusive venue lies in the Chancery Court of [NAME OF COUNTY] County, Mississippi.
3. Arbitration. Not applicable.
4. Jury Waiver. Not applicable.

IX. GENERAL PROVISIONS

1. Amendments. Any amendment must be in writing and accepted for filing by the Clerk.
2. Assignment. The rights under this Notice are non-assignable except by operation of law and with a new filing.
3. Severability. If any provision of this Notice is invalid, the remaining provisions remain in full force and effect.
4. Entire Agreement. This Notice, together with any county-required form and the Affidavit of Publication, constitutes the entire agreement among the Registrant(s) and supersedes all prior statements regarding the Fictitious Name.
5. Electronic Signatures. Electronic or facsimile signatures have the same effect as original signatures for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Registrant(s) execute this Notice effective as of the Effective Date set forth above.

[// GUIDANCE: Many Mississippi counties require notarization. Attach a standard Mississippi acknowledgment block below if your county’s clerk will not accept an un-notarized signature.]

Optional Notarial Acknowledgment (Mississippi)

State of Mississippi
County of ____

On this _ day of _, 20_, before me, the undersigned notary public, personally appeared _______, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My commission expires: __

[// GUIDANCE: File the completed Notice with the Clerk, pay the filing fee, publish as required, and retain stamped copies and the Affidavit of Publication in your permanent records. Calendar the Renewal Deadline well in advance.]