How to Form a Nonprofit in Mississippi

Two people forming a nonprofit in Mississippi

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Starting a 501(c)(3) nonprofit in Mississippi is easy, just follow these easy steps:

If you’ve been thinking about starting a 501(c)(3) nonprofit in Mississippi, you have come to the right place. We have developed this comprehensive guide to help you not only start a nonprofit in Mississippi but also make it successful. 

In this guide, you’ll find everything you need about starting your Mississippi nonprofit, including information on how to name your nonprofit, file articles of incorporation, and how to apply for IRS tax-exempt status. Just follow these 8 easy steps below:

Step 1: Name Your Mississippi Nonprofit
Step 2: Appoint a Mississippi Registered Agent 
Step 3: Select Your Board Members and Officers
Step 4: Mississippi Articles of Incorporation
Step 5: Draft Bylaws and Conflict of Interest Policy
Step 6: Conduct an Organizational Meeting
Step 7: Get an EIN
Step 8: Applying for Exemption from Federal (501(c)(3) status) and State taxes

Step 1: Name Your Mississippi Nonprofit

The name you select for your nonprofit will establish its brand. It is the first thing most people will learn about your organization. It is important to pick a name that both aligns with your mission and follows the rules for naming in your state.

Mississippi Nonprofit Naming Guidelines

The name of you pick for your organization must:

  • Be easily distinguishable from other businesses operating in the state of Mississippi.
  • May not lead the public to believe the organization for a purpose other than what is listed in its articles of incorporation.
  • The name need not include an organizational designation, such as “Inc.”, “Ltd.”, “Incorporated”, or “Company”

You can read Mississippi Code Title 79 for the complete rules on naming a Mississippi-based organization.

To learn more, read our How to Name a Nonprofit in Mississippi guide.

Is the Website Domain Name Available?

If you plan to have a website for your organization, you will want to make sure that a suitable URL is currently available on GoDaddy.

You may want to buy any URLs you are interested in, to make sure they are available when you are ready to finalize and create your website.

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Step 2: Appoint A Mississippi Registered Agent

A nonprofit corporation in Mississippi is required to have a registered agent with a Mississippi address.

What is a Registered Agent? A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business' point of contact with the state.

Learn more about registered agents.

Incfile provides the first year of registered agent service free with nonprofit formation ($49 + State Fees)

To learn more, read our Mississippi Registered Agent guide.

Step 3: Select Your Board Members and Officers

The directors of a nonprofit are responsible for overseeing the operations of the organization. The directors come together to form a board.

The officers of a nonprofit (such as the president or the secretary) are individuals with responsibilities, and the authority to execute based on their job descriptions.

Together, the officers and the board will come together to make up the organizational structure of your nonprofit.

The organization structure of your 501(c)(3) nonprofit in Mississippi MUST include:

  • At least 3 directors not related to each other
  • A president
  • A secretary

NOTE: One person may hold more than one position.

To learn more, read our guide on How to Select Board Members for Your Mississippi Nonprofit

Step 4: Mississippi Articles of Incorporation

To become a nonprofit corporation in Mississippi you must file Articles of Incorporation with the Mississippi Secretary of State. In Mississippi, business filings can ONLY be completed online and you must register for an online account on the Secretary of State website.

In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:

  • Charitable
  • Religious
  • Scientific
  • Literary
  • Testing for public safety
  • Fostering national/international amateur sports competition
  • Preventing cruelty to animals/children

Submit the Articles of Incorporation online to the Mississippi Secretary of State along with the $50 filing fee.

To learn more, read our Mississippi Articles of Incorporation guide

Step 5: Draft Bylaws and Conflict of Interest Policy

There are two documents that will be central to the running of your nonprofit:

Bylaws: These are the rules that determine how your organization will be governed and run.

Conflict of Interest Policy: These are the rules set to ensure that decisions being made for the nonprofit are based on what is best for the organization, and not being motivated by what is best for individuals.

Learn more about how to write bylaws for your nonprofit

Step 6: Conduct an Organizational Meeting

An organizational meeting is the first official meeting of your nonprofit! Some of the things that are discussed in a typical organizational meeting:

  • Taking attendance to show you have a quorum (minimum number needed)
  • Appointing temporary officers, chairmen, secretaries, etc.
  • Adoption of the bylaws
  • Adoption of conflict of interest policy

Don’t forget to record “minutes” of the meeting and have it signed by all attending directors. Here are some corporate minutes templates to help you get the ball rolling.

Step 7: Get an EIN

An EIN or Employment Identification Number (also called a Federal Tax Identification Number or Federal Employment Identification Number), is used to uniquely identify a business entity. You can think of the EIN as a social security number for your nonprofit.

The EIN is required for your organization whether or not it will have any employees.

To learn more, read our guide on how to get your EIN.

Step 8: Applying for Exemption from State and Federal Taxes (501(c)(3) status)

Applying for Exemption from Federal Taxes:

A nonprofit may be eligible for 501(c)(3) status only if its purpose is limited to one or more of the following:

Charitable, Religious, Scientific, Educational, Literary, Fostering national/international amateur sports competition, Preventing cruelty to animals/children, Testing for public safety

Before a nonprofit can apply for 501(c)(3) status it must: 

  1. Elect at least 3 directors not related to each other
  2. Register as a nonprofit with the state
  3. Adopt the bylaws and conflict of interest policy  
  4. Have an EIN number

Once these four conditions have been met your nonprofit can apply for 501(c)(3) tax-exempt status by filing Form-1023 online.

If your application is approved, the IRS will send you a determination letter stating that your organization is exempt from federal taxes under section 501(c)(3).

 To learn more, read our guide on How to File Form 1023-EZ

Applying for Exemption from State Taxes:

Your organization will need to apply for Mississippi tax ID numbers through the Mississippi Taxpayer Access Point (TAP) after you obtain the following:

  • 501(c)(3) Determination Letter
  • Your EIN
  • Your Business ID from the Secretary of State,

The majority of businesses and nonprofits are required to pay sales and use tax in the state of Mississippi, but there are some exemptions. To learn more about how the sales tax exemption rules affect your organization access the Mississippi Department of Revenue’s Sales Tax Exemptions page.

Once you have formed your Mississippi nonprofit, we recommend you read our guide on How To Protect your Mississippi Nonprofit and Keep It Compliant.

State of Mississippi Nonprofit Quicklinks