To incorporate in Mississippi, a person, known as an incorporator, must file the articles of incorporation with the Mississippi Secretary of State. Once the secretary of state accepts the articles of incorporation, the corporation is officially created. The corporation should then create a set of corporate bylaws that govern internal matters such as the rules and procedures your corporation will follow for holding meetings and electing officers and directors. Bylaws do not have to be filed with the state.
Choose a name for your corporation. The name must be distinguishable from other business entities registered in Mississippi. To determine if a name is available, you can perform a name search on the Mississippi Secretary of State website. To search, click on "Business Services," then on "Business Formation and Search," and then on "Search Listings." For-profit corporation names must contain the word “Corporation,” “Incorporated,” “Company,” or “Limited” or the abbreviation “Corp,” “Inc.,” “Co.,” or “Ltd.”
Locate the articles of incorporation template form. Go to the Mississippi Secretary of State homepage. Click "Business Services" and select "Fees and Forms" from the drop-down menu. Click the "Form" icon next to "F0001 Articles of Incorporation." You can fill out the form on your computer, and then print it. You cannot file the form electronically.
Fill out the form. The form must include some basic information such as the name of the corporation, the corporate e-mail address and the name of the registered agent, who will receive official correspondence for the corporation. The registered agent may be another corporation or an individual, but must have an address in Mississippi. You must also include the name and address of each incorporator. If you are forming a nonprofit corporation, you will have to include the corporation's period of duration; if you are forming a for-profit corporation, you will have to include the number and class of stock shares the corporation is authorized to issue. If you have any questions regarding the form, you can call the office of the secretary of state at 601-359-1633.
Print out and sign the articles of incorporation. You can also attach a sheet with any additional provisions, which are not required, but may be included provided they comply with Mississippi code § 79-11-137. For example, you may want to attach an additional provision that sets forth the names and addresses of the individuals who are to serve as the initial directors.
Write a check for the fee listed on the form. The check must be made out to the "Mississippi Secretary of State."
Send the completed form and check to Secretary of State, PO Box 136, Jackson, MS 39205-0136.
- You can also use an online legal document preparation website to prepare and file the articles of incorporation.
- Pinto, Arthur, and Branson, Douglas. Understanding Corporate Law. Newark: Mathew Bender and Company, 2004.
- Mississippi Code: § 79-11-137 Contents of articles of incorporation.
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