§ 75-93-1. Short title

This chapter may be cited as the “Fictitious Business Name Registration Act.”

§ 75-93-11. Term and renewal

The registration period for a fictitious business name registered under this chapter shall be five (5) years; registration shall expire on December 31 of the year in which the fifth anniversary of registration occurs. Renewal of fictitious business name registrations: Renewal of a fictitious business name registration may be made on or between January 1 […]

§ 75-93-13. Effect of registration

Notwithstanding the provisions of any other law, registration of a fictitious business name under this chapter is for public notice only and gives rise to no presumption of the registrant’s exclusive rights to own or use the fictitious business name registered, nor does it affect trademark, service mark, trade name, or other name rights previously […]

§ 75-93-15. Withdrawal of registration

The registrant of a fictitious business name may withdraw its registration by delivering to the Secretary of State a statement containing the following: The legal name of the entity utilizing the fictitious business name; The fictitious business name with respect to which the statement of withdrawal relates; That the entity will no longer transact business […]

§ 75-93-17. Cancellation of registration

The Secretary of State shall cancel a fictitious business name registration if: The Secretary of State receives a voluntary withdrawal of registration from the registrant or the assignee of record; The registration is not renewed in accordance with this chapter; A court of competent jurisdiction orders the cancellation on any grounds; or The registration was […]

§ 75-93-19. Change of ownership

Any fictitious business name registered under this chapter may be assigned by filing a duly executed written instrument with the Secretary of State.

§ 75-93-21. Forms and fees

All filings required under this chapter shall be made on forms prescribed by the Secretary of State. Subject to the provisions of subsection (3), the Secretary of State shall charge and collect nonrefundable processing fees as follows: For registration or renewal of a fictitious business name, Twenty-five Dollars ($25.00). For withdrawal, cancellation, amendment, or assignment […]

§ 75-93-23. Legal designation of entity

Notwithstanding any other provision of law to the contrary, a fictitious business name registered as provided in this chapter is not required to contain within that name a designation reflecting the applicant’s type of legal entity, including the terms “corporation,” “limited liability company,” “limited liability partnership,” “limited partnership,” or any abbreviations or derivatives thereof.

§ 75-93-25. Limitations on adoption of certain fictitious business names

The Secretary of State shall refuse registration of a fictitious business name, which, in the Secretary of State’s sole discretion, is potentially misleading, or which includes any of the following terms: “Corporation,” “Corp.,” “Incorporated,” or “Inc.,” unless the applicant is a corporation organized or qualified to do business pursuant to the laws of this state; […]

§ 75-93-27. Public examination of records

The Secretary of State shall keep for public examination a record of all fictitious business names registered or renewed under the provisions of this chapter.

§ 75-93-29. Powers of Secretary of State

The Secretary of State is granted the power reasonably necessary to enable it to administer this chapter efficiently, to perform the duties herein imposed upon it, and to adopt reasonable rules necessary to carry out its duties and functions under this chapter.

§ 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.

§ 75-93-31. Penalty for fraudulent filings

Any person who shall knowingly and willfully procure the registration of a fictitious business name or apply for registration of a fictitious business name under the provisions of this chapter by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, is guilty of a misdemeanor […]

§ 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 […]

§ 75-93-7. Registration

An entity may apply to register a fictitious business name by filing with the Secretary of State the following information: The fictitious business name to be registered; The applicant’s legal name and mailing address; Every street address or physical location where the entity uses or will be using the fictitious business name to transact business; […]

§ 75-93-9. Amendments to registration

The registrant of a fictitious business name shall, within thirty (30) days of a material change in any of the information listed in Section 75-93-7(1), file with the Secretary of State an amendment of fictitious business name registration. The amendment shall set forth all information that would be required in an original application for registration […]