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Mississippi Statutes, Title 75

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Mississippi/Statutes

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Title 75, Regulation of Trade, Commerce and Investments

77 chapters · 1,836 sections in this title.

All chapters in Title 751,836 Ch 76, Mississippi Gaming Control Act151 Ch 9, Uniform Commercial Code—Secured Tran…148 Ch 67, Loans142 Ch 2, Uniform Commercial Code — Sales104 Ch 3, Uniform Commercial Code — Negotiable…68 Ch 27, Weights and Measures67 Ch 24, Regulation of Business for Consumer …65 Ch 71, Mississippi Securities Act of 201054 Ch 8, Uniform Commercial Code—Revised Arti…51 Ch 16, Money Transmission Modernization Act45 Ch 7, Uniform Commercial Code—Documents of…42 Ch 4, Uniform Commercial Code—Bank Deposit…41 Ch 29, Sale and Inspection of Food and Drugs39 Ch 57, Liquefied Petroleum Gases37

1,836 sections·Filtered byTitle 75✕

Miss. Code Ann. § 75-85-11 Registered agent for transient vendor; tax collector as agent for service of process
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(1) Each applicant for a transient vendor license shall designate a registered agent on the license application. The registered agent must be a resident of the county or municipality for which the license is sought and shall be the agent on whom any process, notice or demand requ…
Miss. Code Ann. § 75-85-13 License fee; bond requirements
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(1) Each applicant for a transient vendor license shall include a license fee set by the governing authority of the county or municipality not to exceed Two Hundred Fifty Dollars ($250.00) with the application, which fee shall be deposited in the general fund of the county or mun…
Miss. Code Ann. § 75-85-15 Issuance of license; validity of license; renewal of license
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(1) The county tax collector and the municipal tax collector shall issue a transient vendor license under this chapter only if all requirements of this chapter have been met. The license is not transferable and is valid only within the territorial limits of the issuing county or …
Miss. Code Ann. § 75-85-17 Posting of sales tax number, license number and statement concerning sales receipt; vendor to keep running total of sales

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While transacting his business, a transient vendor shall post in a prominent place, so that they may clearly be seen by purchasers of the merchandise or services which he is offering, his state sales tax number, his transient vendor license number, and a statement that he is requ…

Miss. Code Ann. § 75-85-19 Penalties for violation of chapter

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Any person who knowingly or intentionally operates a transient business without a valid license as provided by this chapter or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this chapter shall, upon conviction, be …

Miss. Code Ann. § 75-85-3 Application of chapter

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(1) The provisions of this chapter shall not apply to:(a) Civic and nonprofit organizations or wholesale sales to retail merchants by commercial travelers;(b) Wholesale trade shows or conventions;(c) Sales of goods, wares, services or merchandise by sample, catalogue or brochure …

Miss. Code Ann. § 75-85-5 License required for transient vendor to transact business

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A transient vendor may not transact business in any county or municipality in this state unless the vendor, and the owner of the merchandise or provider of the services to be offered if the merchandise is not owned or the services are not provided by the vendor, has secured a lic…

Miss. Code Ann. § 75-85-7 Application for license

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(1) A transient vendor who desires to transact business in a county or municipality in this state shall apply for and obtain a license in each county and in each municipality in which the vendor desires to transact business. A license issued by a county authorizes a transient ven…

Miss. Code Ann. § 75-85-9 State tax commission to prepare necessary forms

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The State Tax Commission shall prepare uniform forms for license applications, license certificates and license renewals issued under this chapter.

Miss. Code Ann. § 75-87-1 Definitions

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(a) As used in this chapter:(a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.(b) “Principal” means any person who does not have a perma…

Miss. Code Ann. § 75-87-3 Sales representative contract to set forth means by which commissions shall be computed and paid

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Whenever any principal enters into an oral or written contract with a sales representative for services to be rendered within this state and the contemplated method of compensation of the sales representative involves a commission, the contract shall set forth the means by which …

Miss. Code Ann. § 75-87-5 Commissions due and payable within 21 days of termination of sales representative’s contract

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Whenever the contract between a sales representative and any principal is terminated, all commissions due the sales representative by the principal shall be due and payable within twenty-one (21) days of such termination.

Miss. Code Ann. § 75-87-7 Action to recover commissions; triple commissions; attorney fees

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Any principal who fails to timely pay the sales representative as provided in Section 75-87-5, shall be liable to the sales representative in a civil action for up to triple the commissions due to the sales representative, plus reasonable attorney’s fees and costs.

Miss. Code Ann. § 75-89-1 Short Title

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This chapter shall be know and may be cited as the “Mississippi Commodities Enforcement Act.”

Miss. Code Ann. § 75-89-11 Requirements to engage in trade or business of commodity merchant

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(1) No person shall engage in the trade or business of, or otherwise act as, a commodity merchant unless such person:(a) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such…

Miss. Code Ann. § 75-89-13 Fraudulent or deceitful acts, false or misleading statements or reports, and the like prohibited

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(a) No person, in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into any commodity contract or commodity option, shall directly or indirectly:(a) Cheat or defraud, or attempt to cheat or defraud, any other…

Miss. Code Ann. § 75-89-15 Vicarious or agency liability

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(1) The act, omission or failure of any official, agent, or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of such individual, association, partnershi…

Miss. Code Ann. § 75-89-17 Purpose and construction; no private rights or remedies created

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This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ laws and the administration and …

Miss. Code Ann. § 75-89-19 Investigation and enforcement by administrator; compulsion of testimony and other evidence

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(1) The administrator may conduct investigations, within or without this state, as he finds necessary or appropriate to:(a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or(b) Aid in enf…

Miss. Code Ann. § 75-89-21 Action by administrator to prevent, enjoin, and prosecute violations; administrative penalties

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(1) If the administrator believes, whether or not based upon an investigation conducted under Section 75-89-19, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the a…

Miss. Code Ann. § 75-89-23 Judicial measures to prevent, enjoin, and prosecute violations of Mississippi or other state’s Commodity Act; special remedies; administrator need not post bond

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(1) (a) Upon a proper showing by the administrator that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator, the court may grant appropriate legal or equitable remedies.(b) Upon a showing of violation of this chap…

Miss. Code Ann. § 75-89-25 Penalties; period of limitations; institution of criminal proceedings

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(1) Any person who willfully violates:(a) Any provision of this chapter; or(b) Any rule or order of the administrator under this chapter shall, upon conviction, be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned not more than five (5) years, or both, f…

Miss. Code Ann. § 75-89-27 Secretary of State to administer chapter; insider information; public and privileged information; subpoena of evidence

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(1) This chapter shall be administered by the Secretary of State of Mississippi. (2) Neither the administrator nor any employees of the administrator shall use any information which is filed with or obtained by the administrator which is not public information for personal gain o…

Miss. Code Ann. § 75-89-29 Cooperation with like agencies in other jurisdictions

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(1) To encourage uniform application and interpretation of this chapter and commodities regulation and enforcement in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the commodities agencies o…

Miss. Code Ann. § 75-89-3 Definitions

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(a) As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:(a) “Administrator” means the Secretary of State of Mississippi.(b) “Board of trade” means any person or group of persons engaged in buyin…

Miss. Code Ann. § 75-89-31 Administrator may make, amend and rescind rules, forms and orders; publication of same; exemption from liability therefor

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(1) In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend and rescind rules, forms and orders as are necessary to carry out the provisions of this chapter. Such rules or forms shall include, but need not be limited to rules definin…

Miss. Code Ann. § 75-89-33 Conduct violative of chapter or rule deemed appointment of administrator to accept service of process

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When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person’s attorney to receive …

Miss. Code Ann. § 75-89-35 Applicability of certain provisions when purchase, sale, or offer to buy or sell is made in state; what constitutes purchase, sale, or offer to buy or sell in state

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(1) Sections 75-89-5, 75-89-11, and 75-89-13 apply to persons who sell or offer to sell when:(a) An offer to sell is made in this state; or(b) An offer to buy is made and accepted in this state. (a) An offer to sell is made in this state; or (b) An offer to buy is made and accept…

Miss. Code Ann. § 75-89-37 Procedure for administrative proceedings; notice and hearing

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(1) The administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to take administrative action or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing and ne…

Miss. Code Ann. § 75-89-39 Judicial review of final orders

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(1) Any person aggrieved by a final order of the administrator may obtain a review of the order in the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing in court within sixty (60) days after the entry of the order a written petition praying tha…

Miss. Code Ann. § 75-89-41 Burden of proof as to exemptions

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It shall not be necessary to negate any of the exemptions of this chapter in any complaint, information or indictment, or in any writ or proceeding brought under this chapter. The burden of proof of any such exemption shall be upon the party claiming the same.

Miss. Code Ann. § 75-89-43 Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller’s agents, etc

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(a) It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this chapter alleging a violation of Section 75-89-5 based solely on the failure in an individual case to make physical delivery within the applicable time period under parag…

Miss. Code Ann. § 75-89-45 Interpretative opinions; no-action determinations

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The administrator may honor requests from interested persons for interpretative opinions or may issue determinations that no enforcement proceedings will be instituted against certain specified persons for engaging in certain specified activities when the determination is consist…

Miss. Code Ann. § 75-89-5 Commodity sale or purchase permitted only pursuant to Section 75-89-7 or 75-89-9

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Except as otherwise provided in Section 75-89-7 or Section 75-89-9, no person shall sell or purchase, or offer to sell or purchase, any commodity under any commodity contract or under any commodity option, or offer to enter into or enter into as seller or purchaser any commodity …

Miss. Code Ann. § 75-89-7 Persons authorized to conduct commodity transactions

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(a) The prohibitions in Section 75-89-5 shall not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director thereof acting solely in that capacity, is the purchaser or seller:(a) A person registered with the Commodity Futu…

Miss. Code Ann. § 75-89-9 Exempt transactions; qualified seller defined; requirements; waiver of requirements; authority of administrator to deny, suspend, revoke or place limitations on authority of, or exemption for, qualified seller; summary denial or suspension of exemption for qualified seller; rules, regulations and orders

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(1) The prohibitions in Section 75-89-5 shall not apply to the following:(a) An account, agreement or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act;(b) A commodity contract for the purchase of…

Miss. Code Ann. § 75-91-1 Short title

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This chapter shall be known and may be cited as the “Truth in Music Advertising Act.”

Miss. Code Ann. § 75-91-3 Definitions

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(a) The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:(a) “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previous…

Miss. Code Ann. § 75-91-5 Advertising or conducting live musical performance or production through use of false or misleading affiliation or connection between performing group and recording group prohibited; exceptions

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(a) It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section does no…

Miss. Code Ann. § 75-91-7 Injunctive relief for violation of chapter

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(1) Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 75-91-5 and that proceedings would be in the public int…

Miss. Code Ann. § 75-91-9 Penalties

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Any person who violates Section 75-91-5 is liable for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Sect…

Miss. Code Ann. § 75-93-1 Short title

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This chapter may be cited as the “Fictitious Business Name Registration Act.”

Miss. Code Ann. § 75-93-11 Term and renewal

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(1) The registration period for a fictitious business name registered under this chapter shall be five (5) years; registration shall expire on December 31 of the year in which the fifth anniversary of registration occurs. (2) Renewal of fictitious business name registrations:(a) …

Miss. Code Ann. § 75-93-13 Effect of registration

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Notwithstanding the provisions of any other law, registration of a fictitious business name under this chapter is for public notice only and gives rise to no presumption of the registrant’s exclusive rights to own or use the fictitious business name registered, nor does it affect…

Miss. Code Ann. § 75-93-15 Withdrawal of registration

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(a) The registrant of a fictitious business name may withdraw its registration by delivering to the Secretary of State a statement containing the following:(a) The legal name of the entity utilizing the fictitious business name;(b) The fictitious business name with respect to whi…

Miss. Code Ann. § 75-93-17 Cancellation of registration

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(a) The Secretary of State shall cancel a fictitious business name registration if:(a) The Secretary of State receives a voluntary withdrawal of registration from the registrant or the assignee of record;(b) The registration is not renewed in accordance with this chapter;(c) A co…

Miss. Code Ann. § 75-93-19 Change of ownership

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Any fictitious business name registered under this chapter may be assigned by filing a duly executed written instrument with the Secretary of State.

Miss. Code Ann. § 75-93-21 Forms and fees

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(1) All filings required under this chapter shall be made on forms prescribed by the Secretary of State. (2) Subject to the provisions of subsection (3), the Secretary of State shall charge and collect nonrefundable processing fees as follows:(a) For registration or renewal of a …

Miss. Code Ann. § 75-93-23 Legal designation of entity

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Notwithstanding any other provision of law to the contrary, a fictitious business name registered as provided in this chapter is not required to contain within that name a designation reflecting the applicant’s type of legal entity, including the terms “corporation,” “limited lia…

Miss. Code Ann. § 75-93-25 Limitations on adoption of certain fictitious business names

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(1) The Secretary of State shall refuse registration of a fictitious business name, which, in the Secretary of State’s sole discretion, is potentially misleading, or which includes any of the following terms:(a) “Corporation,” “Corp.,” “Incorporated,” or “Inc.,” unless the applic…