MississippiHB 15322026 Regular SessionHouseWALLET

"The MS Business Filing Fraud Prevention Act"; create.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Who is covered and when it starts

The law defines who the rules apply to, including complainants, filers, the Office, and covered business entities. The Secretary of State can issue rules and use needed powers to run the program. All duties and timelines begin July 1, 2026.

Your filing data stays private

Starting July 1, 2026, data in these fraud proceedings is private and not open under the public records law. Final orders are public, but personal contact details are kept private. Unredacted fraudulent filings stay nonpublic; a redacted version can be released. The Office can share data with the Attorney General or when a court or law requires.

Longer wait when filings are refused

Beginning July 1, 2026, the Secretary of State can take up to 60 days to return refused corporate or LLC filings. It used to be 10 days. Returned documents still include a short written reason, and LLC appeal rights to chancery court remain.

Report fraudulent business filings to the state

Beginning July 1, 2026, you can file a sworn, notarized declaration to report a wrongful or fake business filing. You must use the Secretary of State’s form and include the business ID, your contact info, and supporting facts under penalty of perjury. The Office quickly accepts or rejects declarations and can refuse incomplete or harassing submissions. If accepted, the Office mails notice to you and the filer within 30 days. Notice counts as received when mailed. If the filer’s notice is returned as undeliverable, the Office can issue a final order and treat the filing as fraudulent.

Deadlines and decisions after a filing dispute

Starting July 1, 2026, the filer must send a written response within 30 days after the Office mails the notice. If the filer does not respond in time, the Office deems the filing fraudulent and issues a final order. If the filer responds, the Office can ask for more information and make a preliminary decision. The nonprevailing party then has 10 days to send more facts, or the decision becomes final. The Office may weigh past declarations, prior orders, filing history, cooperation, and what it can verify in public records.

What happens when fraud is confirmed

Beginning July 1, 2026, if the Office finds fraud, it treats the filing as if it never existed. Any entity formed using a Mississippi resident’s identity without permission is dissolved. The Office marks the record as fraudulent, redacts names and addresses used without authorization, and can block future filings. If the Office does not find fraud or lacks enough information, it issues a final order explaining why the filing stays.

Sponsors & Cosponsors

Sponsor

Clay Mansell
Republican • House

Cosponsors

Kevin Felsher
Republican • House
Jeff Hale
Republican • House

Roll Call Votes

All Roll Calls

Yes: 169 • No: 0

Senate vote • 3/4/2026

Passed

Yes: 51 • No: 0

House vote • 2/12/2026