Using a Texas LLC in Mississippi?

[Joe S.]

Using a Texas LLC in Mississippi? So I have a company in Texas that is looking to purchase some real estate in Mississippi. Can my Texas registered LLC buy properties in Mississippi or do I need to form a new Mississippi based LLC?

[Sunny Hon]

@Joe S.

Hello,

For Mississippi purposes, if your LLC is formed in another state, then it is known as a foreign LLC in Mississippi. In other words, foreign doesn't mean from another country. Instead, it means your business was organized under the laws of another state. A domestic LLC, on the other hand, is one that is formed in the state where it is doing business. This is common usage throughout the United States. For example, an LLC formed in North Dakota is a foreign LLC in South Dakota. I hope this helps. If you own a business that was created in a state other than Mississippi, you will need to qualify or register that business in Mississippi if you want to do business there.

From the Secretary of the state website:

Foreign companies: A company is considered "foreign" if it is already formed in another state and under the laws of that state. A company formed in Mississippi is considered "domestic."
Mississippi encourages foreign companies to do business in Mississippi. If your out-of-state company will be conducting business in Mississippi, you are likely required to register with the Secretary of State. If any of your employees will be in the State for a total of thirty (30) days in any given year, registration is required. Be aware certain foreign businesses, such as contractors or those doing business with State agencies, may be required to register, regardless of the time spent by employees in Mississippi.
Registration of your foreign business is simple. After logging into our filing system, find the link for registering out-of-state businesses. You will be required to provide basic information regarding your company. A registered agent with a street address inside Mississippi and a certificate of good standing from your home state dated within the last six months must also be provided.

Sunny