To start a new business in Mississippi, you must follow various legal requirements. One of them is to have a Mississippi registered agent.
In this guide, we’ll explain what a registered agent is, discuss their responsibilities, and outline how to elect or change a Mississippi registered agent.
Key Takeaways
Every company in Mississippi must have a registered agent who receives legal documents on behalf of the business owner.
A registered agent can be an individual or business entity, but a business cannot be its own agent.
There are numerous benefits from working with a third-party registered agent service, such as increased privacy, easy state compliance, and scheduling flexibility.
What Is a Registered Agent?
A Mississippi registered agent is a business entity or individual that serves as the point of contact for communication between the state and the business. A registered agent handles all legal documents and correspondence, such as your Mississippi annual report, certificate of good standing, or service of process.
The state of Mississippi differentiates between commercial and non-commercial registered agents as outlined below:
Commercial registered agents: Individuals or entities registered with the Secretary of State and listed on the SOS website as registered agents for hire.
Non-commercial registered agents: Individuals or entities located in Mississippi that are chosen independently by businesses they represent. These agents are not listed on the Secretary of State’s website.[1]
A registered agent is a state requirement for any Mississippi LLC, corporation, or nonprofit. Before filing with the Mississippi Secretary of State, you must include a registered agent on your formation documents. You must also update the state with any changes to ensure there’s always a registered agent listed on your state documents.
Registered Agent Responsibilities
A Mississippi registered agent can have a wide range of responsibilities. These include:
Accepting service of process documentation, such as the summons or legal notification of a lawsuit
Receiving all legal documents and official paperwork for the business it represents, including annual reports and tax forms
Sending regular reminders to business owners regarding annual reports and other compliance notifications
Keeping a copy of all corporate filing documents so there’s a backup in case of theft, natural disaster, or other unexpected losses
Maintaining a registered street address in the public records and notifying the state of any changes
Following regular business hours, typically Monday through Friday from 9 am to 5 pm
Choosing Your Mississippi Registered Agent
There are numerous factors one should consider when choosing a Mississippi registered agent. However, before that, it’s necessary to understand the requirements a registered agent must fulfill.
Mississippi Registered Agent Requirements
A Mississippi registered agent must:
Have a physical street address in Mississippi as their registered office
Be available during normal business hours
Be at least 18 years old, if an individual
If a registered agent doesn’t meet these requirements, the Mississippi business in question risks going out of good standing and may need to pay hefty state fees.
Can I Be My Own Registered Agent in Mississippi?
A Mississippi limited liability company (LLC), nonprofit, or corporation can’t be its own registered agent. However, one of the employees or the owner can take on the role of its registered agent.
You can be your own Mississippi registered agent if you fulfill the general requirements outlined in the section above. Some business owners choose to go this route because of the following advantages.
Saving money by not hiring a third-party service
Taking advantage of the convenience if you operate from one physical address and are usually there during regular work hours
Gaining security by keeping information under your eye
However, the role also comes with several drawbacks. These include:
Overwhelming workload: Doing your regular job and performing the duties of a registered agent can feel overwhelming, especially to those who don’t have the best organizational skills.
Damaging reputation: Being personally served with a lawsuit in front of your team members and clients can be very awkward and affect your company’s reputation.
Lowering privacy: When you’re your own registered agent, your information will be stated in the formation documents and become part of the public record.
Complicating schedules: Entrepreneurs who travel often can’t always be available at their office address to receive mail, which can be a problem.
Limiting business opportunities: You need a registered agent in every state where your business operates, but you can only be a registered agent where you’re physically located. In this case, hiring a professional registered agent service is often easier.
Benefits of a Third-Party Registered Agent
For many business owners, being your own registered agent has more drawbacks than advantages. Therefore, it’s no surprise many consider hiring a third-party registered agent like Swyft Filings. While it may cost more, hiring a third-party agent can be very beneficial.
Compliance
Every third-party registered agent maintains a compliance calendar and will remind you when important documents and annual reports are due, thus ensuring compliance. Moreover, many registered agents will even help you file the documentation, making your job easier and ensuring your company remains in good standing.
Privacy and Discretion
When you’re your own registered agent and work from home, your private home address enters the public record, thus affecting your privacy. Registered agents use their professional addresses on your behalf, so you can rest assured that yours is protected.
Regarding potential lawsuits, a registered agent will receive service of process summons and other sensitive documents and deliver them to you with maximum discretion.
Flexibility
When business owners hire a third-party registered agent, they don’t have to worry about always being available during regular business hours. Restaurants, nightclubs, event venues, specialty stores, and remote-first workplaces might not work from 9 am to 5 pm. Hiring a third party allows them to work during non-standard working hours while still receiving critical documentation.
Security and Convenience
When you work with a Mississippi registered agent service, they’ll act as your point of contact for receiving documentation. Once they receive a document, they’ll scan it and store the digital copy online. This means you’ll always have access to your essential documents and a backup in case of an accident.
National Coverage
Many business owners want to expand their business at some point. Fortunately, many registered agent services can operate nationwide, so you don’t have to worry about location limitations.
Thoroughness and Professionalism
Experienced registered agents are thorough, professional, and organized. This means you can relax knowing your documents won’t be damaged, misplaced, or lost.
As you can see, hiring a third-party registered agent has many advantages. However, don’t forget that you should be careful about the agent you’re hiring. Always opt for companies that offer the best registered agent services with years of experience, like Swyft Filings. We’ll receive the relevant paperwork, sort it out for you, and prioritize to avoid paying fines.
How to Set Up Your Mississippi Registered Agent
Although setting up a Mississippi registered agent may seem complicated at first glance, the process takes only a few steps. In this section, we’ll show you how new businesses can elect their Mississippi registered agent and how existing companies can change theirs.
Electing a Mississippi Registered Agent
New business owners can elect a Mississippi registered agent for their Mississippi LLC, corporation, or nonprofit online. If you want to leave the documentation to the experts, we’ll file the paperwork and serve as your registered agent in one order. Otherwise, you can follow the steps below based on your business entity type.[2]
If you want to elect a Mississippi registered agent for your LLC, here’s what you need to do:
Go to the Mississippi Secretary of State’s website and register an account
Follow the on-screen instructions for LLC registration
Elect your registered agent in the Certificate of Formation for your LLC
Double-check the registered agent’s name and address before submitting
Pay a $50 filing fee
Receive a confirmation email on the same day
Those who want to elect a Mississippi registered agent for their corporation should follow these steps:
Visit the Mississippi Secretary of State’s website and register an account
Follow the on-screen instructions to form your corporation online
Elect your registered agent’s address and name in the formation document (Articles of Incorporation) and check their information before submitting
Pay a $50 filing fee
If you’re forming a nonprofit, here’s how to elect a Mississippi registered agent:
Go to the Mississippi Secretary of State’s website and set up an account to form your nonprofit
Elect your registered agent in the formation document and review the information before submitting
Pay $50 for state fees
Changing a Mississippi Registered Agent
If you want to change your current Mississippi registered agent, you’ll need to log in to the Mississippi Secretary of State’s online filing system. After that, you’ll need to enter your new registered agent’s information and submit the Amendment for an Existing Business online.[3]
The filing fee for changing the registered agent is $10, and you can pay it with your credit card or an electronic check.
FAQs
Who can be a Mississippi registered agent?
A registered agent can be anyone who is at least 18 years old, has a physical address in Mississippi, and is available during normal working hours. It can also be another company with a physical address registered in the state.
How much does a registered agent in Mississippi cost?
The cost of a registered agent in Mississippi varies depending on what additional services are included in the package. Typically, you can expect the price to vary between $50 and $300 per year, plus state fees.
How can I change my registered agent in Mississippi?
If you want to change your registered agent in Mississippi, your new registered agent service, such as Swyft Filings, can complete the change for you. Alternatively, you can visit the Secretary of State’s website, log in to your account, and submit your new registered agent’s information with an Amendment for an Existing Business.
How can I find a registered agent in Mississippi?
A simple internet search will give you access to dozens of registered agents in Mississippi. But, before hiring one, ensure they’re professional, experienced, and reliable. The best way to ensure quality is to check for online reviews. You can also ask other business owners whose services they use.
What is a Mississippi registered office?
A Mississippi registered office is the official physical address of a Mississippi registered agent. When you hire a registered agent, this address will appear in the public record. If you have an in-house registered agent (such as you or your employee), the registered office and your company’s address are the same.
What’s the difference between a registered agent and a resident agent or statutory agent?
In most cases, a registered agent, a resident agent, and a statutory agent are all names for the same role, so there’s no difference between the three terms. You may also come across a service of process agent, which also represents a registered agent.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
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Bibliography
Mississippi Secretary of State. “Commercial Agents.” Accessed December 20, 2022.
Mississippi Legislature. “Senate Bill 2204.” Accessed December 20, 2022.
Justia. “2020 Mississippi Code, Title 79 - Corporations, Associations, and Partnerships, Chapter 35 - The Mississippi Registered Agents Act.” Accessed December 20, 2022.
