Foreign qualification is the process by which a business entity that was formed in a different state seeks permission to operate in Mississippi. This involves registering with the Secretary of State in Mississippi and complying with certain legal requirements to ensure compliance with the state's laws and regulations.
There are 2 different ways to foreign qualify in Mississippi depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Mississippi or use Mosey to do it.
Use Mosey to register with the Secretary of State in Mississippi.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Mississippi Foreign Registration for C Corporation
If you are "transacting business" in Mississippi, you are required to register with the Secretary of State by filing an Application for Certificate of Authority. Mississippi, like most states, provides a list of activities considered not "transacting business" in lieu of defining "transacting business."
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Acquire a Certificate of Existence
Mississippi requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state.
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Establish a Registered Agent
You must continuously maintain a registered agent in Mississippi designated to accept service of process. Your registered agent can be an individual or a business authorized by the Secretary of State to "transact business" in Mississippi. Note: Your registered agent must have a physical address in Mississippi, PO boxes are not accepted.
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Create a Secretary of State Online Filing System Account
You must register as a user on the Secretary of State's online filing system before filing any business documents.
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File Application for Certificate of Authority
Log into your Secretary of State online filing system account to submit your Application for Certificate of Authority and register as an "out-of-state corporation."
Mississippi Foreign Registration for LLC
If you are "transacting business" in Mississippi, you must register with the Secretary of State by filing an Application for Certificate of Authority, which is only available online and must be filed online. Mississippi, like most states, provides a list of activities considered not "transacting business" in lieu of defining "transacting business."
-
Acquire a Certificate of Existence
Mississippi requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state.
-
Establish a Registered Agent
You must continuously maintain a registered agent in Mississippi designated to accept service of process. Your registered agent can be an individual or a business authorized by the Secretary of State to "transact business" in Mississippi. Note: Your registered agent must have a physical address in Mississippi, P.O. boxes are not accepted.
-
Create a Secretary of State Online Filing System Account
You must register as a user on the Secretary of State's online filing system before filing any business documents.
-
File Application for Certificate of Authority
Log into your Secretary of State online filing system account and select “Form a Corporation, Non-Profit, LLC, Partnership, or Business Trust” to file your Certificate of Authority.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in Mississippi.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in Mississippi.
