How to Amend Articles of Incorporation in Mississippi (2024) (original) (raw)

Amend Mississippi Articles of Incorporation

Amending the Articles of Incorporation in Mississippi is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the Mississippi Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend Mississippi Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end.

What is the Mississippi Articles of Incorporation?

The Mississippi Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in Mississippi. It is similar to the Certificate of Formation you file while creating an LLC in Mississippi. If you already own a corporation in Mississippi, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, Mississippi Registered Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check.

Like forming an LLC, for the corporation, it takes some time to form your business in Mississippi after filing the documents. You can expedite the filing process by paying additional money over the filing fees.

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.

LLCBuddy Editorial Team

How to Amend the Mississippi Articles of Incorporation

There are three main steps to file your amendment to the Mississippi Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information,

Step 1: Determine What Changes You Need in Mississippi Corporation

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Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in Mississippi. The key elements of your updated Articles of Incorporation may include the advantages of being a Registered Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The Mississippi Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the Mississippi corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the Mississippi Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in Mississippi. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation.

What Can not Be Changed in Mississippi Corporate Amendment?

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If you started a corporation in Mississippi, you must initially have appointed a Registered Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the Mississippi SOS.

Another point is the initial mailing address of your corporation cannot be changed in the Mississippi Corporate Amendment. In this case, you can change it through other methods requiring different forms.

The third point is the initial directors who formed the corporation in Mississippi. The details of the initial directors cannot be changed in the Mississippi Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the Mississippi Corporate Amendment

Finally, file the Mississippi Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the Mississippi Corporate Amendment.

If you are in Mississippi and have formed an LLC, you must file the Certificate of Amendment in Mississippi with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in Mississippi?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

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Change of Mississippi Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form.

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in Mississippi

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the Mississippi Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company.

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the Mississippi Articles of Incorporation.

FAQs

How do I amend the Mississippi Articles of Incorporation?

To amend the Mississippi Articles of Incorporation, you must file an application for amendment with the Mississippi Secretary of State.

Can I amend the purpose of my Mississippi corporation?

Yes, you can amend the purpose of your Mississippi corporation by filing an amendment to the Articles of Incorporation.

What information do I need to include in the application to amend the Mississippi Articles of Incorporation?

You will need to include the name of the corporation, the original filing date of the Articles of Incorporation, and the changes you are making in the application.

Is there a fee to amend the Mississippi Articles of Incorporation?

Yes, there is a fee to file for an amendment to the Mississippi Articles of Incorporation. The fee may vary depending on the nature of the changes being made.

How long does it take to process an amendment to the Mississippi Articles of Incorporation?

The processing time for an amendment to the Mississippi Articles of Incorporation varies, but it generally takes a few weeks from the date of filing.

Can I change the name of my corporation in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the name of your corporation by amending the Mississippi Articles of Incorporation.

Do I need to notify any other parties of the amendment to the Mississippi Articles of Incorporation?

It is not required to notify any other parties of the amendment to the Mississippi Articles of Incorporation, other than the Mississippi Secretary of State.

Can I amend the registered agent information in the Mississippi Articles of Incorporation?

Yes, you can amend the registered agent information by filing an amendment to the Mississippi Articles of Incorporation.

What happens if I fail to properly amend the Mississippi Articles of Incorporation?

Failing to properly amend the Mississippi Articles of Incorporation can result in legal complications and issues with the operation of your corporation.

Are there any restrictions on what changes can be made in an amendment to the Mississippi Articles of Incorporation?

There are certain restrictions on changes that can be made in an amendment to the Mississippi Articles of Incorporation, such as changes that violate state laws or regulations.

Can I amend the number of directors in the Mississippi Articles of Incorporation?

Yes, you can amend the number of directors in the Mississippi Articles of Incorporation by filing an amendment with the Mississippi Secretary of State.

Can I change the duration of my corporation in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the duration of your corporation by amending the Mississippi Articles of Incorporation.

Are there any special requirements for amending the Mississippi Articles of Incorporation for a nonprofit corporation?

Yes, there may be additional requirements for amending the Mississippi Articles of Incorporation for a nonprofit corporation, such as approval from the board of directors.

Can I add or remove shareholders in the amendment to the Mississippi Articles of Incorporation?

Yes, you can add or remove shareholders by amending the Mississippi Articles of Incorporation.

Can I change the issuance of shares in the Mississippi Articles of Incorporation?

Yes, you can change the issuance of shares by filing an amendment to the Mississippi Articles of Incorporation.

Can I amend the indemnification provisions in the Mississippi Articles of Incorporation?

Yes, you can amend the indemnification provisions by filing an amendment to the Mississippi Articles of Incorporation.

Can I modify the bylaws of the corporation in the amendment to the Mississippi Articles of Incorporation?

No, the bylaws of the corporation are a separate document and cannot be modified by amending the Mississippi Articles of Incorporation.

Do I need to get approval from the shareholders to amend the Mississippi Articles of Incorporation?

In most cases, you will need approval from the shareholders to amend the Mississippi Articles of Incorporation, especially for significant changes.

Can I modify the principal office address in the amendment to the Mississippi Articles of Incorporation?

Yes, you can modify the principal office address by amending the Mississippi Articles of Incorporation.

Is there a specific form I need to use to file an amendment to the Mississippi Articles of Incorporation?

Yes, you will need to use the official form provided by the Mississippi Secretary of State to file an amendment to the Articles of Incorporation.

Can I amend the dissolution provisions in the Mississippi Articles of Incorporation?

Yes, you can amend the dissolution provisions by filing an amendment to the Mississippi Articles of Incorporation.

Can I remove the registered agent in the amendment to the Mississippi Articles of Incorporation?

No, you cannot remove the registered agent entirely from the corporation in an amendment to the Mississippi Articles of Incorporation.

Can I add provisions for member management in the amendment to the Mississippi Articles of Incorporation?

Yes, you can add provisions for member management by amending the Mississippi Articles of Incorporation.

Can I change the fiscal year-end of the corporation in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the fiscal year-end by filing an amendment to the Mississippi Articles of Incorporation.

Can I amend the capital structure of the corporation in the amendment to the Mississippi Articles of Incorporation?

Yes, you can amend the capital structure by filing an amendment to the Mississippi Articles of Incorporation.

Can I change the business purpose of the corporation in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the business purpose by amending the Mississippi Articles of Incorporation.

Can I change the directors’ powers and responsibilities in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the directors’ powers and responsibilities by filing an amendment to the Mississippi Articles of Incorporation.

Can I include provisions for shareholder voting rights in the amendment to the Mississippi Articles of Incorporation?

Yes, you can include provisions for shareholder voting rights by amending the Mississippi Articles of Incorporation.

Can I change the method of distributing profits in the amendment to the Mississippi Articles of Incorporation?

Yes, you can change the method of distributing profits by filing an amendment to the Mississippi Articles of Incorporation.

What is the process for amending Mississippi Articles of Incorporation?

The process for amending Mississippi Articles of Incorporation involves filing an amendment form with the Secretary of State’s office.

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In Conclusion

Amending the Mississippi Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in Mississippi might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with Mississippi SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.