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Mississippi: Assumed-Name (DBA) Registration Requirements

verified against the statute 2026-07-25 10 statute sources

The short answer

No. Mississippi offers a voluntary statewide fictitious-business-name registration with the Secretary of State; any broadly defined business entity may register one name per application for $25. Registration lasts five years, requires no newspaper publication, and gives no exclusive right to the name.

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This is the general rule in Mississippi. Ezel applies current Mississippi law to your specific facts and answers with citations to the statutes.

Governing law and schemeMiss. Code §§ 75-93-1 to -31 — centralized statewide voluntary registration, not a mandatory DBA filing (§ 75-93-3)
Who must registerNo one must register. Any defined entity using a name other than its legal name may register voluntarily; the definition includes sole proprietors, partnerships, corporations, LLCs, nonprofits, trusts, and other undertakings (§§ 75-93-5, -7)
Filing officeMississippi Secretary of State; one fictitious business name per application (§ 75-93-7)
Filing deadlineNo initial deadline because registration is voluntary. After registering, file an amendment within 30 days after a material change to the application information (§ 75-93-9)
Publication requirementNone — Chapter 93 requires no newspaper publication
Filing fee$25 for registration or renewal; no separate fee when an entity required to file an annual report submits the registration or renewal with that report (§ 75-93-21)
Term and renewal5 years; expires December 31 of the fifth-anniversary year. Renew January 1–December 31 of the expiration year for another 5 years (§ 75-93-11)
Name exclusivityNone. Registration is public notice only, creates no presumption of exclusive rights, and does not preserve the name against another user's later use or registration (§§ 75-93-7, -13)
Penalty for noncomplianceNone for not registering because registration is voluntary. Knowingly obtaining or applying for registration through a false or fraudulent representation is a misdemeanor punishable by a fine up to $500 (§§ 75-93-3, -31)

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Requirements one by one

Registration is voluntary and statewide

Mississippi's Fictitious Business Name Registration Act is Miss. Code
§§ 75-93-1 through 75-93-31. Section 75-93-3 calls it a "centralized,
statewide system of voluntary registration." There is therefore no class of
business that must register merely because it uses a DBA.

If a business chooses to register, § 75-93-5 defines both the covered name and
the eligible applicants broadly. A fictitious business name is a name other
than the entity's legal name, and an "entity" includes sole proprietors,
self-employed individuals, partnerships, corporations, LLCs, nonprofits,
trusts, firms, and other undertakings.

Under § 75-93-7(1), the application goes to the Secretary of State. It identifies
the fictitious name, the applicant's legal name and mailing address, and every
physical location using the name. Corporations and LLCs supply the specified
state identification or authority information. Under § 75-93-7(2), the applicant signs and
verifies the filing, and only one fictitious name may appear on each
application.

No initial deadline, but registered information must stay current

Because initial registration is optional, Mississippi sets no deadline for a
business to register after it starts using a fictitious name. A business that
has registered does acquire a maintenance deadline: § 75-93-9 requires an
amendment within 30 days after a material change in the information required by
§ 75-93-7.

The complete Chapter 93 registration scheme contains no newspaper-publication
step. The filing is made with the Secretary of State; the registrant does not
have to advertise the name or file proof of publication.

Fee, expiration, and renewal

Under § 75-93-21(2), the registration or renewal fee is $25. An entity that is
legally required to file an annual report pays no separate registration or
renewal fee if it submits the fictitious-name filing with that annual report.

Under § 75-93-11, a registration lasts five years and expires on December 31
of the year containing its fifth anniversary. The renewal window runs from
January 1 through December 31 of that expiration year. A timely renewal
continues the registration for another five years.

Registration does not reserve the name

Section 75-93-13 makes registration public notice only. It creates no
presumption that the registrant exclusively owns or may use the name, does not
override earlier trademark or trade-name rights, and does not preserve the name
against later use or registration by another person. Consistently, § 75-93-7
forbids the Secretary of State from rejecting a name merely because it is
indistinguishable from an existing fictitious name, trademark, or legal entity
name.

The penalty covers fraudulent filings, not nonregistration

Mississippi imposes no penalty for simply leaving a DBA unregistered because
§ 75-93-3 makes registration voluntary. By contrast, § 75-93-31 targets a
person who knowingly obtains or applies for registration through a false or
fraudulent representation. That offense is a misdemeanor punishable by a fine
of up to $500.

What trips people up

  • Older official material uses the wrong title number. The 2010 act and an
    older Secretary of State summary say §§ 25-93-1 and following. The code
    compiler corrected the chapter to current §§ 75-93-1 through 75-93-31.
  • The five-year term is not an operating-license period. Expiration ends the
    voluntary public-notice registration; it does not create a penalty for using
    the DBA without registration.
  • The name need not be unique. The Secretary of State cannot reject it merely
    because it matches another filed name, and registration does not decide
    trademark ownership.
  • A voluntary filer still has a 30-day change deadline. Once registered, the
    business must amend after a material change even though the initial filing was
    optional.

Common questions

Must a sole proprietor register a DBA in Mississippi?

No. A sole proprietor is an eligible "entity" under § 75-93-5, but § 75-93-3
makes the registration system voluntary.

Can two businesses register the same fictitious name?

Yes. Section 75-93-7 says the Secretary of State may not reject an application
merely because the name is indistinguishable from another registered name,
trademark, or legal entity name.

When can I renew?

During the calendar year in which the registration expires. Section 75-93-11
opens the renewal window on January 1 and closes it on December 31 of that year.

Is there a penalty for not registering?

No. Nonregistration itself is not penalized because the registry is voluntary.
Section 75-93-31 does impose a misdemeanor and a fine up to $500 for a knowingly
fraudulent registration or application.

Statutes and sources

  • Miss. Code §§ 75-93-3, 75-93-5, and 75-93-7 — voluntary statewide scheme,
    definitions, eligible entities, application contents, one-name limit, filing
    office, and identical-name acceptance. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
  • Miss. Code §§ 75-93-9 and 75-93-11 — 30-day amendment requirement,
    five-year term, expiration date, and renewal window. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
  • Miss. Code §§ 75-93-13, 75-93-21, and 75-93-31 — no exclusivity, fees,
    electronic-filing authority, and fraudulent-filing penalty. Official Code of Mississippi Annotated, Title 75 (accessed 2026-07-25).
  • Mississippi Secretary of State, Summary of the Fictitious Business Name
    Registration Act
    — agency confirmation of the voluntary statewide system,
    $25 fee, five-year term, and no name exclusivity; its Title 25 numbering and
    no-online-filing statement are obsolete. Official summary (accessed 2026-07-25).

Source links

Every statute quoted above, linked, with the date we checked it.

Miss. Code § 75-93-3 · accessed 2026-07-25
Miss. Code § 75-93-5 · accessed 2026-07-25
Miss. Code § 75-93-7(1) · accessed 2026-07-25
Miss. Code § 75-93-7(2), (4)–(5) · accessed 2026-07-25
Miss. Code § 75-93-9 · accessed 2026-07-25
Miss. Code § 75-93-11 · accessed 2026-07-25
Miss. Code § 75-93-13 · accessed 2026-07-25
Miss. Code § 75-93-21(2)–(4) · accessed 2026-07-25
Miss. Code § 75-93-31 · accessed 2026-07-25
This page is general legal information about registering an assumed or fictitious business name (a DBA), not legal advice about a particular name, filing, bank-account requirement, contract, or dispute. It does not cover forming a corporation or LLC, reserving an entity name, or registering a trademark, and a DBA filing does not by itself protect a name against use by others. County fees and agency forms can change without a statutory amendment; local business-license and tax rules may add separate filings. Use the current official forms and ask the filing office or a qualified attorney about a specific name or business.

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