What documents do I need to set up an LLC for my new business?

I have been asked this question numerous times and my initial answer is always a series of questions right back to the person asking me:

  • Why are you setting up an LLC for your business?
  • How did you determine you need an LLC?
  • Will you have partners?
  • Will you have employees?
  • What type of business are you forming?
  • Will this be an operating business that will sell goods or provide services?
  • What are you trying to accomplish by forming an LLC?
  • Is there a possibility the business could expose you to any liabilities?
  • What else do you own?
  • Do you know whether the business is subject to any special licensing?

There are actually many more questions that I commonly ask and the conversation usually takes 30-45 minutes and almost always exposes several things even the most business savy person hasn’t thought about. In truth, forming an LLC is really easy, but determining whether the LLC is the correct entity and then forming the LLC correctly is not quite as simple. The questions above and many more should be discussed with a business attorney who understands how the answers can effect your business and you as the owner of your business.

But I won’t cheat you out of the answer to your question, if after the discussion above you still want to go it on your own, my recommendation for the documents you need to form an LLC in the State of Mississippi is as follows:

  1. Certificate of Formation to be filed with the Mississippi Secretary of State along with the appropriate filing fee.
  2. Operating Agreement to set out the “rules” of your business.
  3. Form SS-4 to apply for a federal Employer Identification Number for your business.
  4. Mississippi Sales Tax Permit if your business will be conducting sales.
  5. Any other licenses, permits, etc. that may be particular to your type of business.

Links to all of the forms above can be found on the Mississippi Business Formation page of The Lynch Law Firm website.


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