Fictitious Business Name Registration Notice - Mississippi

FICTITIOUS BUSINESS NAME REGISTRATION AND NOTICE

State of Mississippi

IMPORTANT NOTICE

Mississippi's Fictitious Business Name Registration Act (Miss. Code Ann. §§ 75-93-1 through 75-93-31) provides a voluntary registration system for businesses operating under a fictitious or assumed name. Registration is filed with the Mississippi Secretary of State (not county clerks). While registration is optional, it serves to provide public access to the legal names of businesses operating under fictitious names.

Key Points:

• Registration is voluntary — not mandatory (Miss. Code Ann. § 75-93-3)
• Registration does not create exclusive rights to the name (Miss. Code Ann. § 75-93-21)
• Registration expires after five (5) years and must be renewed (Miss. Code Ann. § 75-93-11)
• Filing fee is $25.00
• All filings must be submitted online through the Secretary of State's portal

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship (Individual)
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

Mississippi Secretary of State ID (if applicable): [________________________________]

1.2 Contact Information

Registrant's Principal Business Address:

Street: [________________________________]

City: [________________________________] County: [________________________________]

State: [____] Zip: [________]

Mississippi Business Address (if different):

Street: [________________________________]

City: [________________________________] County: [________________________________]

State: MS Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Additional Registrants (if applicable)

Under Miss. Code Ann. § 75-93-9, all persons conducting business under the fictitious name must be listed:

PART TWO: FICTITIOUS BUSINESS NAME INFORMATION

2.1 Fictitious Business Name

Fictitious Name Under Which Business Is or Will Be Conducted:

[________________________________]

2.2 Nature of Business

Description of Business Activities:

[________________________________]

[________________________________]

2.3 Date of First Use

Date Fictitious Name Was First Used in Mississippi: [__/__/____]

Date Fictitious Name Was First Used Anywhere: [__/__/____]

☐ Name not yet in use; anticipated commencement date: [__/__/____]

2.4 Business Location(s) in Mississippi

Primary Business Location:

Street: [________________________________]

City: [________________________________] County: [________________________________]

PART THREE: MISSISSIPPI STATUTORY REQUIREMENTS

3.1 Fictitious Business Name Registration Act (Miss. Code Ann. § 75-93-1 et seq.)

Mississippi's Fictitious Business Name Registration Act was enacted to provide public access to the legal names of businesses operating under fictitious names (Miss. Code Ann. § 75-93-3). The registration is filed with the Secretary of State and is voluntary.

3.2 Definitions (Miss. Code Ann. § 75-93-5)

A "fictitious business name" under Mississippi law means any assumed name, trade name, or DBA that:

☐ Does not include the full legal name of all owners (for sole proprietors and partnerships)
☐ Is different from the entity's registered name (for corporations, LLCs, etc.)

3.3 Registration Content (Miss. Code Ann. § 75-93-9)

The registration must include:

☐ The fictitious business name
☐ The legal name and address of each registrant
☐ The form of business entity
☐ The state of organization (if applicable)
☐ A description of the business
☐ The principal business address in Mississippi
☐ The date of first use

3.4 Duration and Renewal (Miss. Code Ann. § 75-93-11)

☐ Registration is effective for five (5) years from the date of registration
☐ Renewal must be filed before December 31 of the fourth year after registration
☐ Failure to renew results in expiration of the registration

3.5 No Exclusive Rights (Miss. Code Ann. § 75-93-21)

Important: Registration of a fictitious business name under the Act does not create any exclusive right to use the name. Name protection must be sought through trademark registration or common law.

3.6 Filing Fees

3.7 Filing Office

Mississippi Secretary of State
Business Services Division
P.O. Box 136
Jackson, MS 39205-0136

Online Filing (Required): https://www.sos.ms.gov/

All filings must be submitted online through the Secretary of State's Business Services portal.

PART FOUR: FICTITIOUS BUSINESS NAME REGISTRATION

(Pursuant to Miss. Code Ann. § 75-93-7)

APPLICATION FOR REGISTRATION OF FICTITIOUS BUSINESS NAME

TO: Mississippi Secretary of State, Business Services Division

The undersigned hereby applies for registration of a fictitious business name pursuant to the Mississippi Fictitious Business Name Registration Act, Miss. Code Ann. §§ 75-93-1 through 75-93-31:

1. Fictitious Business Name: [________________________________]

2. Registrant(s):

3. Principal Business Address in Mississippi:

[________________________________]

[________________________________]

4. Nature of Business:

[________________________________]

5. Date of First Use in Mississippi: [__/__/____]

6. Date of First Use Anywhere: [__/__/____]

7. Registrant's Mississippi Secretary of State ID (if applicable): [________________________________]

8. Declaration:

The undersigned declares under penalty of perjury that the information contained in this registration is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART FIVE: RENEWAL OF REGISTRATION

(Miss. Code Ann. § 75-93-11)

5.1 Renewal Requirements

Under Miss. Code Ann. § 75-93-11, the fictitious business name registration expires five (5) years from the date of registration. To maintain the registration:

☐ File a renewal application before December 31 of the fourth year after the initial registration
☐ Pay the $25.00 renewal fee
☐ Verify that all registration information remains current

5.2 Renewal Timeline

5.3 Consequences of Failure to Renew

☐ The registration expires at the end of the five-year period
☐ A new registration must be filed (with new $25.00 fee) to resume the filing
☐ The fictitious name may be registered by third parties (since no exclusive rights attach)

PART SIX: AMENDMENT AND CANCELLATION

6.1 Amendment (Miss. Code Ann. § 75-93-15)

Under Miss. Code Ann. § 75-93-15, the registrant must file an amendment when any of the following changes:

☐ The fictitious business name itself
☐ The legal name of any registrant
☐ The address of any registrant
☐ The principal business address
☐ The addition or removal of a registrant
☐ The nature of business

☐ File the amendment online with the Secretary of State
☐ Pay the $25.00 amendment fee

6.2 Cancellation (Miss. Code Ann. § 75-93-17)

When the registrant ceases use of the fictitious business name:

☐ File a cancellation with the Secretary of State online
☐ No filing fee for cancellation
☐ Cancellation is effective upon acceptance

PART SEVEN: OPTIONAL PUBLICATION NOTICE

Mississippi does not require newspaper publication for fictitious business name registrations. However, publication may be voluntarily undertaken or required by lenders, landlords, or contractual counterparties.

PUBLICATION TEXT

NOTICE OF FICTITIOUS BUSINESS NAME REGISTRATION

Notice is hereby given that [Legal Name of Registrant], [entity type], located at [Business Address], has registered the fictitious business name "[Fictitious Business Name]" with the Mississippi Secretary of State pursuant to the Fictitious Business Name Registration Act, Miss. Code Ann. §§ 75-93-1 et seq.

The nature of the business is: [Description of Business].

Date of Registration: [__/__/____]

[Legal Name of Registrant]

Publication Checklist

☐ Select a newspaper of general circulation in the county of the business
☐ Publish once per week for [____] consecutive weeks
☐ Obtain Affidavit of Publication from the newspaper
☐ Retain in business records

PART EIGHT: PRACTICAL CONSIDERATIONS

8.1 Banking Requirements

When opening a bank account under a fictitious business name in Mississippi, banks typically require:

☐ Proof of registration with the Secretary of State (printout of registration confirmation)
☐ Business formation documents (Articles of Organization, etc., if applicable)
☐ Employer Identification Number (EIN)
☐ Government-issued photo identification

8.2 Name Protection

Since fictitious business name registration does not confer exclusive rights (Miss. Code Ann. § 75-93-21), businesses seeking name protection should:

☐ Register a state trademark with the Mississippi Secretary of State
☐ File a federal trademark application with the USPTO
☐ Conduct thorough name searches before adopting a fictitious name

8.3 Tax Registration

Regardless of DBA status, businesses in Mississippi must register with:

☐ Mississippi Department of Revenue — for sales tax, withholding, and other state taxes
☐ Internal Revenue Service — for Employer Identification Number (EIN)

PART NINE: PENALTIES AND ENFORCEMENT

9.1 Voluntary Nature of Registration

Because Mississippi's fictitious business name registration is voluntary, there are no direct penalties for failure to register. However, businesses that do not register may face:

☐ Difficulty establishing the legal identity behind a fictitious name in legal proceedings
☐ Challenges in opening bank accounts under the fictitious name
☐ Reduced public confidence in the legitimacy of the business

9.2 False Statements

Any person who knowingly makes a false statement in a fictitious business name registration may be subject to penalties under Mississippi law.

PART TEN: NOTARY ACKNOWLEDGMENT (OPTIONAL)

Mississippi does not require notarization for fictitious business name registrations filed with the Secretary of State. However, the following notary block is provided for use where needed.

State of Mississippi
County of [________________________________]

On this [____] day of [____________], [________], 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.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART ELEVEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Fictitious Business Name Registration and Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TWELVE: FILING INSTRUCTIONS AND CHECKLIST

Complete Filing Guide

Step 1: Search for Existing Registrations

☐ Search the Mississippi Secretary of State business database: https://www.sos.ms.gov/
☐ While registration does not confer exclusive rights, check for potential conflicts
☐ Consider searching the USPTO trademark database: www.uspto.gov

Step 2: Complete the Registration

☐ Complete the Fictitious Business Name Registration (Part Four) or use the online form
☐ Gather all required information (legal names, addresses, business description)

Step 3: File Online with Secretary of State

☐ Access the Secretary of State's online filing portal: https://www.sos.ms.gov/
☐ Submit the registration electronically (online filing is required)
☐ Pay the $25.00 filing fee

Step 4: Retain Confirmation

☐ Print and retain the registration confirmation
☐ Provide a copy to your bank, lender, or other parties as needed

Step 5: Calendar Renewal Deadline

☐ Note the five-year expiration date
☐ Set a reminder to file renewal before December 31 of the fourth year
☐ Pay the $25.00 renewal fee when due

Step 6: Maintain Compliance

☐ File amendments promptly when any registration information changes ($25.00 fee)
☐ File cancellation when the fictitious name is no longer in use (no fee)
☐ Consider trademark registration for enhanced name protection

Sources and References

• Mississippi Secretary of State — Trade Name Registration: https://www.sos.ms.gov/
• Mississippi Fictitious Business Name Registration Act Summary: https://www.sos.ms.gov/content/documents/pol_res/trade_name_registration/1trade-names-summary.pdf
• Miss. Code Ann. §§ 75-93-1 through 75-93-31 (Fictitious Business Name Registration Act)
• Mississippi Code Title 75, Chapter 93: https://law.justia.com/codes/mississippi/title-75/chapter-93/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a Mississippi-licensed attorney before filing.