Business formation paperwork on a desk, Mississippi DBA

Mississippi DBA: How to Register a Fictitious Business Name With the Secretary of State

Mississippi DBA: How to Register a Fictitious Business Name With the Secretary of State

If you plan to sell under a name other than your legal name, or under a name other than the legal name of your LLC or corporation, Mississippi calls that a fictitious (assumed) business name. Most people call it a DBA, short for doing business as. The registration is inexpensive and the filing is simple, but it goes to the Mississippi Secretary of State, not your county, and it does less than many owners expect. This guide covers what a Mississippi DBA does, how to search and file, what it costs, how long it lasts, and what other registrations you may need before you open.

This article is informational only. It is not legal or tax advice. If you have co-owners, a trademark dispute, or a multi-state operation, talk with a Mississippi attorney or a CPA before you file.

What a Mississippi DBA does and does not do

A fictitious business name registration lets you do business publicly under a name other than your legal name. Sole proprietors, LLCs, and corporations all use it. For example, if your LLC is registered as Delta Ridge Consulting LLC and you want to market under Delta Ridge Bookkeeping, the second name is the one you register.

Three points matter most:

  • Registration is voluntary. Mississippi lets you decide whether to register. The people who usually ask for proof of your operating name are your bank, your insurer, and any landlord or vendor you work with, so check their requirements before you skip the filing.
  • A DBA does not give you ownership of the name. The registration is a filing record. Only a trademark gives you exclusive rights to a brand. If the name will carry real value, search federal trademark records before you commit to it.
  • No newspaper publication is required. Mississippi does not require you to publish a notice in a newspaper for this registration.

Mississippi has no general business license

Before you file, understand what the Secretary of State registration is and is not. Mississippi issues no single statewide business license. A DBA filing is a registration, not a license, and so is the Certificate of Formation for an LLC. Your remaining state and local obligations usually come from three other places:

  • Sales tax permit. If you make retail sales, register with the Mississippi Department of Revenue. The DOR describes the permit as a permit for the privilege of operating a business in Mississippi. There is no fee, although a bond may be required for applicants with no permanent Mississippi location. The state sales tax rate is 7%. The state tax has no county add-on, and city levies apply only in Jackson and Tupelo, so confirm the rate for your address with the DOR.
  • City privilege license. Every city, town, and village issues its own privilege license under Miss. Code 27-17. Counties license only businesses located outside municipalities. Fees vary by locality, so check with your city clerk or county before you open.
  • Occupational or industry license. Many trades and professions need a license from the state board that oversees them. Check with the board that regulates your field.

Which path fits your situation

Your legal structure decides the order of your filings. If you operate as a sole proprietor, the DBA is the only Secretary of State filing involved, and registration is voluntary. If you plan to use an LLC, you file the Certificate of Formation (Form F0100) for $50 first, then register any trade name you will use under the LLC. If you plan to incorporate, the Articles of Incorporation (Form F0001) carry a $50 filing fee. In every case, the DBA is separate from the entity filing, and the entity name and the DBA name are two different things on the state's records.

Step 1: Check the name

Start with the Secretary of State's business search at https://corp.sos.ms.gov/corp/portal/c/page/corpBusinessIdSearch/portal.aspx. The tool covers entity-name availability and name reservation, so use it to confirm that your LLC or corporation name is available and that no similar entity name is already on file.

Do not assume that a clear result means your DBA name is available. Before you rely on this search for a fictitious name, confirm with the Business Services Division whether assumed names appear in the results. Get that answer in writing if the name matters to your budget or branding.

If you need to hold an entity name while you finish your paperwork, the Secretary of State offers name reservation for $25, and the reservation lasts 180 days.

Step 2: Complete Form F0070

The registration form is the Fictitious Business Name Registration (Form F0070), filed with the Business Services Division of the Secretary of State. Read the current form on the Secretary of State's website for the exact fields, because the form controls what you must provide, not this guide. Use the name exactly as you will display it to customers, and make sure the owner or entity information matches your legal records.

Check the filing method on the form page before you start. The Secretary of State accepts business filings through its online portal at https://corp.sos.ms.gov/corp/portal/c/page/corpnewfilings/portal.aspx. Its published processing times are that documents paid for online are normally filed immediately, and filings that need staff review are normally returned filed within 24 hours. Paper filings take significantly longer. Confirm which route applies to F0070 before you assume a timeline.

Step 3: Pay the fee and keep your filed copy

The fee to register a fictitious business name is $25. When the filing is accepted, save the filed copy with your business records. You will need the registered name and the filing date for your bank, your renewal calendar, and any future amendment.

Open your bank account, sign your contracts, and print invoices using the exact registered name. Using one name everywhere keeps banks and vendors from asking for extra paperwork. Ask your bank in advance whether it wants a copy of the filed registration.

Fees at a glance

Filing or itemFeeAgency or source
Fictitious business name registration (F0070)$25Secretary of State, Business Services Division
Amend, assign, or withdraw a DBA$25 eachSecretary of State fee schedule
LLC Certificate of Formation (F0100)$50Secretary of State
Entity name reservation (180 days)$25Secretary of State
LLC annual report (F0108), due April 15$0Secretary of State
Sales tax permitNo fee (bond may be required)Department of Revenue
City privilege licenseVaries by city; check locallyCity clerk or county office

The full Secretary of State fee schedule is at https://www.sos.ms.gov/content/documents/Business/FeeSchedule.pdf.

Renewal, amendments, and withdrawal

A Mississippi DBA registration runs five years and expires December 31 of the fifth year. Read the expiration date on your filed copy and put it on your calendar the day you receive it. Renewal may be filed from January 1 through December 31 of the expiration year. The governing statute is Miss. Code 75-93-1 et seq.

Amending, assigning, or withdrawing a registration costs $25 each. File an amendment when the details on your registration change. If you stop using the name, file a withdrawal rather than leaving an unused registration on record. Ask the Secretary of State what happens to a registration that lapses before you rely on any particular outcome, and renew on time to avoid that question.

Common mistakes to avoid

  • Filing with the county. Mississippi fictitious names are filed with the Secretary of State.
  • Treating the DBA as trademark protection. It is not. Anyone can file a similar name, and the DBA gives you no exclusive right to a brand.
  • Calling the DBA a business license. Skipping the city privilege license, sales tax permit, or occupational license because you filed a DBA is a common and expensive error.
  • Trusting the search result without confirming scope. Confirm how the state search treats assumed names before you spend money on signage or a website.
  • Letting the five-year expiration pass unnoticed. Calendar the date when you file.
  • Opening a bank account under an unregistered name. Ask your bank what it requires before you open the account or sign contracts under the new name.

Confirm these details before you file

Some items that affect your budget are not settled figures in this guide. Confirm them directly with the agency that handles them:

  • City or county privilege license fees and requirements: your city clerk or county office.
  • Filing method and current processing times for F0070: Secretary of State, Business Services Division.
  • Whether the business name search displays assumed names: Secretary of State, Business Services Division.
  • Whether a bond is required for your sales tax permit: Department of Revenue.
  • Occupational or industry license requirements: the state board for your trade.

Where to get help

Start with official sources. The Secretary of State's business services page is at https://www.sos.ms.gov/business-services, and the Department of Revenue's website is at https://www.dor.ms.gov/. The Mississippi Small Business Development Center Network, a lead center hosted by the University of Mississippi with 19 locations statewide, is at https://www.mississippisbdc.org/.

If you are forming an LLC or corporation with co-owners, or if your name conflicts with an existing trademark, a Mississippi attorney can review the risk. A CPA can tell you how the entity you choose will be taxed, because the answer affects which state filings you owe after you open.

This guide is informational and is not legal or tax advice. Fees, processing times, and filing methods can change, so verify them with the agency before you file.

Keep exploring: related Mississippi guides