Key Takeaways
- Mississippi allows incoming LLC domestication directly (Miss. Code §79-37-501 to -506) — your LLC keeps its original formation date
- Filing fee: $50 (confirmed for the outbound direction; verify the exact inbound fee directly with the Secretary of State, since it may differ from the $250 foreign-LLC registration fee — don't confuse the two filings)
- No new EIN is needed. Mississippi's statute (§79-37-506, Effect of Domestication) confirms the domesticated entity is 'the same entity without interruption,' and that property 'continues to be vested... without transfer, reversion, or impairment' — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Mississippi registered agent address is set.
- No. Mississippi's domestication statute doesn't require proof of formal withdrawal or dissolution from your LLC's prior state as part of the Statement of Domestication filing; that remains a separate step you handle under the old state's own law once Mississippi confirms the domestication.
- Same-day LLC domestication filing available through LLC Attorney, at no markup on state fees
If your LLC is formed in another state but you've relocated (or your business has) and want Mississippi to be its new legal home, domestication lets you make that move without dissolving the company and starting over.
This guide covers exactly how to domesticate an LLC into Mississippi in 2026 — the Statement of Domestication filing under the state's Entity Conversion and Domestication Act, the layered member-approval rules, what happens to your EIN and formation date, and what you still need to handle in your old state afterward.
What Is LLC Domestication?
Domestication (sometimes called continuance or statutory conversion) lets you move your LLC from one state to Mississippi without dissolving it and starting over. Done correctly, the LLC keeps its original formation date, its EIN, and its contracts — only its home state changes.
Can You Domesticate an LLC Into Mississippi?
Yes. Mississippi's LLC Act includes a statutory domestication provision (Miss. Code §79-37-501 to -506), so an out-of-state LLC can become a Mississippi LLC directly while retaining its original formation date.
How to Domesticate Your LLC in Mississippi
- Filing agency: Mississippi Secretary of State, Business Services Division
- Form: Statement of Domestication (a plan of domestication may be filed instead if it meets statutory content requirements)
- Filing fee: $50 (confirmed for the outbound direction; verify the exact inbound fee directly with the Secretary of State, since it may differ from the $250 foreign-LLC registration fee — don't confuse the two filings)
- Processing time: About 2-3 business days online; longer by mail
- Certificate of Good Standing: Required from your current state, dated within 180 days of filing.
- Plan of domestication: A formal plan of domestication must be adopted and filed alongside the conversion paperwork.
- Member approval: Mississippi's Entity Conversion and Domestication Act (§79-37-503) uses a layered default: first, whatever your LLC's own organic rules (operating agreement) say about approving a domestication; if silent, the LLC's merger-approval rules apply; and if both are silent, approval requires UNANIMOUS consent of all interest holders entitled to vote. Any member who would gain new personal liability as a result of the domestication must individually consent regardless of what the operating agreement or default rule says.
What Happens to Your EIN, Contracts, and Formation Date?
Domesticating to Mississippi preserves your LLC's original formation date — the entity continues, it doesn't restart.
No new EIN is needed. Mississippi's statute (§79-37-506, Effect of Domestication) confirms the domesticated entity is 'the same entity without interruption,' and that property 'continues to be vested... without transfer, reversion, or impairment' — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Mississippi registered agent address is set.
All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Mississippi's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Do I Need to Close My LLC in My Old State?
No. Mississippi's domestication statute doesn't require proof of formal withdrawal or dissolution from your LLC's prior state as part of the Statement of Domestication filing; that remains a separate step you handle under the old state's own law once Mississippi confirms the domestication.
If your business keeps operating in the old state after moving its legal home to Mississippi (an office, employees, or regular in-state activity there), you'll likely need to foreign-qualify in that state instead of maintaining it as your domestic entity — check the old state's foreign-qualification requirements once the move is final.
When Do Mississippi's Taxes and Filings Start?
Mississippi's tax and annual-report obligations begin on the date and time the domestication is filed, or a later specified date — Mississippi requires a free annual report filed with the Secretary of State by April 15 each year, and the LLC becomes subject to Mississippi's franchise and income tax treatment from the effective date forward.
You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
How to Move Your LLC to Mississippi Step by Step
If You Do It Yourself
Step 1 — Confirm your LLC is in good standing in its current state.
Mississippi will require a Certificate of Good Standing from your current state, so resolve any lapsed filings there first.
Step 2 — Get member approval for the move.
Mississippi's Entity Conversion and Domestication Act (§79-37-503) uses a layered default: first, whatever your LLC's own organic rules (operating agreement) say about approving a domestication; if silent, the LLC's merger-approval rules apply; and if both are silent, approval requires UNANIMOUS consent of all interest holders entitled to vote. Any member who would gain new personal liability as a result of the domestication must individually consent regardless of what the operating agreement or default rule says.
Step 3 — File the domestication paperwork.
File with Mississippi Secretary of State, Business Services Division using the Statement of Domestication (a plan of domestication may be filed instead if it meets statutory content requirements), $50 (confirmed for the outbound direction; verify the exact inbound fee directly with the Secretary of State, since it may differ from the $250 foreign-LLC registration fee — don't confuse the two filings).
Step 4 — Confirm your EIN and contracts carry over.
No new EIN is needed. Mississippi's statute (§79-37-506, Effect of Domestication) confirms the domesticated entity is 'the same entity without interruption,' and that property 'continues to be vested... without transfer, reversion, or impairment' — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Mississippi registered agent address is set. All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Mississippi's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Step 5 — Appoint a registered agent in your new state.
Mississippi calls this role a "Registered Agent" — required before or as part of the domestication filing.
Step 6 — Handle your old state's final obligations.
No. Mississippi's domestication statute doesn't require proof of formal withdrawal or dissolution from your LLC's prior state as part of the Statement of Domestication filing; that remains a separate step you handle under the old state's own law once Mississippi confirms the domestication. You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Step 7 — Update your tax and compliance calendar.
Mississippi's tax and annual-report obligations begin on the date and time the domestication is filed, or a later specified date — Mississippi requires a free annual report filed with the Secretary of State by April 15 each year, and the LLC becomes subject to Mississippi's franchise and income tax treatment from the effective date forward.
Step 8 — Watch for Mississippi-specific domestication traps.
The most common Mississippi-specific mistake is assuming a single vote threshold applies uniformly — Mississippi's Entity Conversion and Domestication Act layers three levels of default (operating agreement, then merger rules, then unanimous consent), plus a separate individual-consent requirement for any member picking up new personal liability, which is easy to overlook in a multi-member LLC that hasn't addressed domestication in its operating agreement.
If LLC Attorney Does It for You
- Submit your LLC's current-state details at llcattorney.com — name, formation date, and member information.
- LLC Attorney handles the domestication filing, obtains your Certificate of Good Standing, and serves as your registered agent in Mississippi once the move is complete.
- Receive confirmation of your completed move, plus access to flat-fee attorney consultations (no retainer) for any old-state wind-down questions.
When Should You Talk to an Attorney About Moving Your LLC to Mississippi?
Talk to an attorney before domesticating your LLC to Mississippi if your operating agreement is silent on approval thresholds and you have multiple members (since the statute's default can escalate all the way to unanimous consent), if any member would gain new personal liability as a result of the move and needs individual consent, or if your business will continue operating in your old state and you need to sort out foreign-qualification timing.
What You Actually Get With LLC Attorney's Mississippi Domestication Service
The part of Mississippi LLC domestication that trips people up isn't the filing itself — it's Mississippi's layered approval defaults, which can require unanimous consent (plus individual sign-off from any member taking on new liability) if your operating agreement doesn't address conversions. LLC Attorney checks this before filing so the domestication doesn't stall on an approval technicality.
- LLC domestication to Mississippi, starting at $149.
- Certificate of Good Standing retrieval, filing prep, and registered agent service all handled in one order.
- Old-state withdrawal and final-tax-obligation guidance specific to your prior state — not a generic multi-state template.
- Access to professionally trained Business Success Advisors at no charge, plus flat-fee attorney consultations (no retainer) for move-specific questions.
Moving your LLC's legal home to Mississippi is straightforward once member approval and the domestication filing are in hand — LLC Attorney makes sure nothing gets missed on either end of the move.
Ready to Move Your LLC to Mississippi?
LLC Attorney handles the domestication filing for LLCs moving to Mississippi, starting at $149. See our full pricing for all service tiers.
Frequently Asked Questions
Yes. Mississippi's Entity Conversion and Domestication Act (Miss. Code §79-37-501 to -506) includes a statutory domestication provision, so an out-of-state LLC can become a Mississippi LLC directly while retaining its original formation date.
Yes. Domesticating to Mississippi preserves your LLC's original formation date, EIN, and contracts — only the home state changes, since Mississippi's statute confirms the domesticated entity continues 'without interruption.'
$50 is confirmed for the outbound direction; confirm the exact inbound fee directly with the Mississippi Secretary of State, since third-party sources sometimes confuse this with the separate $250 foreign-LLC registration fee, which is a different filing entirely.
No. Your EIN stays the same — domestication continues the same legal entity rather than creating a new one. Update your address with the IRS via Form 8822-B once your Mississippi registered agent is set.
Mississippi doesn't require proof of withdrawal from your old state as part of its own filing, but you'll typically still need to close out your obligations in your prior state under its own law once Mississippi's domestication is confirmed.
Mississippi's obligations begin as soon as the domestication is effective, including the state's free annual report due each year by April 15.
It depends on your operating agreement first; if that's silent, Mississippi's merger-approval rules apply; and if both are silent, unanimous consent of all interest holders is required. Any member gaining new personal liability from the move must individually consent regardless.
About 2-3 business days when filed online, though timing can run longer if filed by mail — request your Certificate of Good Standing from your old state early, since that's often the slower step in practice.
Yes. LLC Attorney handles the domestication filing for LLCs moving to Mississippi, starting at $149.
