| Legal term | Mississippi uses "registered agent" under the Mississippi Registered Agents Act (Miss. Code §79-35-1 and following), in effect since January 1, 2013. The Act created two kinds of agent, commercial and noncommercial. An LLC's certificate of formation must name its agent (§79-29-201(1)(b), which points to §79-35-5(a)). The same 2012 act repealed the old LLC-specific agent section, §79-29-113. | billstatus.ls.state.ms.us |
| Who can serve | The Secretary of State says any individual, corporation, or LLC may be a registered agent for a Mississippi company if the agent has a physical address in Mississippi. By statute, filings must give an actual street address in the state, plus a Mississippi mailing address if different (§79-35-4). Since a 2021 amendment, a noncommercial agent's email address must be listed too (§79-35-5, as amended by SB 2204, approved 3/17/2021). | sos.ms.gov |
| Changing the agent | The SOS no longer uses a separate form. An LLC changes its agent by filing an online amendment ('File an Amendment on an Existing Business') in the SOS business filing system. The LLC fee schedule lists 'Registered Agent/Office Statement of Change' at $10. | sos.ms.gov |
| Agent resignation | An LLC's registered agent resigns with a Certificate of Resignation of Registered Agent; no fee. Under the 2012 statute text, the agent must certify that it sent written notice of the resignation to the entity's last known principal office at least 30 days before filing. The resignation takes effect on the 31st day after filing, or sooner if a new agent is appointed (§79-35-11). | billstatus.ls.state.ms.us |
| If the LLC has no agent | The Secretary of State may start administrative dissolution if the LLC has no registered agent in Mississippi for 60 days or more, or does not report within 60 days that its agent changed or resigned (§79-29-821(c)-(d)). The LLC has 60 days after notice to fix it (§79-29-823). Since HB 1101 (approved 3/23/2023), these notices can be sent by email to the registered agent. | sos.ms.gov |
| If the agent can't be found | If the LLC has no agent, or the agent cannot be served with reasonable diligence, the LLC's governors (managers or members, as listed on the latest annual report) are treated as its agent and served under the Mississippi Rules of Civil Procedure. If the governors can't be served either, service goes to the Secretary of State (§79-35-13(b)). The SOS fee schedule lists 'Service of Process upon the Secretary of State' at $25. | billstatus.ls.state.ms.us |
| Commercial agent listing | Commercial registered agent listing statement: form 11CR100, $100. Termination statement: form 11CR300, $50, effective on the 31st day after filing. A commercial agent named by a company it doesn't want to serve must file a Statement of Non-acceptance (form 11CR200, no fee) within 14 days. | sos.ms.gov |
| Agent named without consent | Under §79-35-14(b), someone named as a registered agent without their consent is not the entity's registered agent and has no duty to forward papers. That person can file a notice of nonacceptance to have their name removed, and the SOS then tells the entity to name a new agent. | billstatus.ls.state.ms.us |