§ 75-91-9. Penalties
Any person who violates Section 75-91-5 is liable for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Section 75-91-7. Each performance or production declared unlawful by Section […]
§ 75-93-1. Short title
This chapter may be cited as the “Fictitious Business Name Registration Act.”
§ 75-93-3. Purpose
The purpose of this chapter is to establish a centralized, statewide system of voluntary registration of fictitious business names being used in this state in order to provide the public with the legal names of persons or entities doing business under a fictitious name.
§ 75-93-5. Definitions
As used in this chapter: “Business” means any commercial or professional activity. “Fictitious business name” means any name under which an entity transacts business in this state, other than (i) the entity’s legal name, or (ii) a fictitious name adopted by a foreign entity under Title 79, Mississippi Code of 1972, because its legal name […]
§ 75-89-31. Administrator may make, amend and rescind rules, forms and orders; publication of same; exemption from liability therefor
In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend and rescind rules, forms and orders as are necessary to carry out the provisions of this chapter. Such rules or forms shall include, but need not be limited to rules defining any terms, whether or not used in this chapter, […]
§ 75-89-33. Conduct violative of chapter or rule deemed appointment of administrator to accept service of process
When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person’s attorney to receive service of any lawful process in a noncriminal proceeding against […]
§ 75-89-35. Applicability of certain provisions when purchase, sale, or offer to buy or sell is made in state; what constitutes purchase, sale, or offer to buy or sell in state
Sections 75-89-5, 75-89-11, and 75-89-13 apply to persons who sell or offer to sell when: An offer to sell is made in this state; or An offer to buy is made and accepted in this state. Sections 75-89-5, 75-89-11, and 75-89-13 apply to persons who buy or offer to buy when: An offer to buy […]
§ 75-89-37. Procedure for administrative proceedings; notice and hearing
The administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to take administrative action or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing and need not be supported by findings of fact or conclusions of law, but […]
§ 75-89-39. Judicial review of final orders
Any person aggrieved by a final order of the administrator may obtain a review of the order in the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing in court within sixty (60) days after the entry of the order a written petition praying that the order be modified or set […]
§ 75-89-41. Burden of proof as to exemptions
It shall not be necessary to negate any of the exemptions of this chapter in any complaint, information or indictment, or in any writ or proceeding brought under this chapter. The burden of proof of any such exemption shall be upon the party claiming the same.