reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 89 - MISSISSIPPI COMMODITIES ENFORCEMENT ACT (§§ 75-89-1 — 75-89-45) › Section 75-89-37 - Procedure for administrative proceedings; notice and hearing

(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 need not be supported by findings of fact or conclusions of law, but must be in writing.
(2)
Upon entry of a notice of intent or summary order, the administrator shall promptly notify the party against whom the notice of intent or summary order is entered that the notice of intent or summary order has been entered and the reasons therefor. The administrator shall also inform the party against whom the notice or summary order is entered that a written request for a hearing on the matters set forth in the notice of intent or summary order must be filed with the administrator within thirty (30) calendar days from receipt of a certified copy of the notice of intent or summary order.
(3)
If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the administrator's own motion.
(4)
If no hearing is requested within the requisite period of time and none is ordered by the administrator, the notice of intent or summary order will become final upon entry of an appropriate order.
(5)
If a hearing is requested or ordered, the administrator shall give notice to the party against whom the notice or summary order has been entered of the date, time and place of the hearing. The administrator shall promulgate rules governing the procedure for conducting the hearing and for entering the appropriate final order thereafter. However, no final order or other order after the hearing may be entered without:
(a)
Appropriate notice to the party or parties against whom the notice of intent or summary order has been entered;
(b)
Opportunity for hearing by the party or parties against whom the notice of intent or summary order has been entered; and
(c)
Entry of written findings of fact and conclusions of law.
Laws, 1993, ch. 319, § 19, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 89 - MISSISSIPPI COMMODITIES ENFORCEMENT ACT (§§ 75-89-1 — 75-89-45) › Section 75-89-39 - Judicial review of final orders

(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 that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the administrator.
(2)
Upon the filing of a petition for review, except where the taking of additional evidence is ordered by court pursuant to subsection (5) or (6) of this section, the court shall have exclusive jurisdiction of the matter, and the administrator may not modify or set aside the order in whole or in part.
(3)
The filing of a petition for review under subsection (1) of this section does not, unless specifically ordered by the court, operate as a stay of the administrator's order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
(4)
Upon receipt of the petition for review, the administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final under subsection (4) of Section
75-89-37
, the administrator shall file in court an affidavit certifying that no hearing has been held and that the order became final pursuant to subsection (4) of Section
75-89-37
.
(5)
If either the aggrieved party or the administrator applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court, that there were reasonable grounds for failure to adduce the evidence in the hearing before the administrator or other good cause, the court may order the additional evidence to be taken by the administrator under such conditions as the court considers proper.
(6)
If new evidence is ordered taken by the court, the administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.
(7)
The court shall review the petition based upon the original record before the administrator plus any additional evidence ordered to be taken pursuant to subsections (5) and (6) of this section. The findings of the administrator as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order in whole or in part.
Laws, 1993, ch. 319, § 20, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 89 - MISSISSIPPI COMMODITIES ENFORCEMENT ACT (§§ 75-89-1 — 75-89-45) › Section 75-89-41 - Burden of proof as to exemptions

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.
Laws, 1993, ch. 319, § 21, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 89 - MISSISSIPPI COMMODITIES ENFORCEMENT ACT (§§ 75-89-1 — 75-89-45) › Section 75-89-43 - Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller's agents, etc

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 paragraph (e) of Section
75-89-3
or paragraph (1)(b) of Section
75-89-9
that:
(a)
Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries or successors; and
(b)
Physical delivery was completed within a reasonable time under the applicable circumstances.
Laws, 1993, ch. 319, § 22, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 89 - MISSISSIPPI COMMODITIES ENFORCEMENT ACT (§§ 75-89-1 — 75-89-45) › Section 75-89-45 - Interpretative opinions; no-action determinations

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 consistent with the purposes fairly intended by the policy and provisions of this chapter. The administrator may charge a fee for interpretative opinions and for no-action determinations.
Laws, 1993, ch. 319, § 23, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 91 - TRUTH IN MUSIC ADVERTISING (§§ 75-91-1 — 75-91-9) › Section 75-91-1 - Short title

This chapter shall be known and may be cited as the "Truth in Music Advertising Act."
Laws, 2008, ch. 421, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 91 - TRUTH IN MUSIC ADVERTISING (§§ 75-91-1 — 75-91-9) › Section 75-91-3 - Definitions

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 previously released a commercial sound recording under that name.
(b)
"Recording group" means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(c)
"Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other phono-record, in which the sounds are embodied.
Laws, 2008, ch. 421, § 2, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 91 - TRUTH IN MUSIC ADVERTISING (§§ 75-91-1 — 75-91-9) › Section 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

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 not apply if any of the following apply:
(a)
The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office.
(b)
At least one (1) member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(c)
The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public.
(d)
The advertising does not relate to a live musical performance or production taking place in this state.
(e)
The performance or production is expressly authorized by the recording group.
Laws, 2008, ch. 421, § 3, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 91 - TRUTH IN MUSIC ADVERTISING (§§ 75-91-1 — 75-91-9) › Section 75-91-7 - Injunctive relief for violation of chapter

(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 interest, the Attorney General or district attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice.
(2)
Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in subsection (1) of this section, the court may, in its discretion, direct that the defendant restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.
Laws, 2008, ch. 421, § 4, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 91 - TRUTH IN MUSIC ADVERTISING (§§ 75-91-1 — 75-91-9) › Section 75-91-9 - Penalties

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 Section
75-91-7
. Each performance or production declared unlawful by Section
75-91-5
shall constitute a separate violation.
Laws, 2008, ch. 421, § 5, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-1 - Short title

This chapter may be cited as the "Fictitious Business Name Registration Act."
Laws, 2010, ch. 401, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-3 - Purpose

The purpose of this chapter is to establish a centralized, statewide system of voluntary registration of fictitious business names being used in this state in order to provide the public with the legal names of persons or entities doing business under a fictitious name.
Laws, 2010, ch. 401, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-5 - Definitions

As used in this chapter:
(a)
"Business" means any commercial or professional activity.
(b)
"Fictitious business name" means any name under which an entity transacts business in this state, other than (i) the entity's legal name, or (ii) a fictitious name adopted by a foreign entity under Title 79, Mississippi Code of 1972, because its legal name is unavailable.
(c)
"Entity" means any corporation; limited liability company; partnership; limited partnership; limited liability partnership; sole proprietorship; firm; enterprise; franchise; association; organization; holding company; self-employed individual; joint-stock company; receivership; trust; other legal entity or undertaking organized for economic gain; nonprofit corporation; association or organization receiving public funds; or other such entity.
Laws, 2010, ch. 401, § 3, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-7 - Registration

(1)
An entity may apply to register a fictitious business name by filing with the Secretary of State the following information:
(a)
The fictitious business name to be registered;
(b)
The applicant's legal name and mailing address;
(c)
Every street address or physical location where the entity uses or will be using the fictitious business name to transact business;
(d)
If the applicant is a domestic corporation or limited liability company, its Mississippi business identification number;
(e)
If the applicant is a foreign corporation or limited liability company, the state or nation of its organization and a copy of its certificate of authority to transact business in Mississippi;
(f)
A statement that the applicant is familiar with the provisions of this chapter and understands that filing under this section does not create any exclusive rights in or to the fictitious business name; and
(g)
Any other information the Secretary of State may reasonably require by rule, including, without limitation, the applicant's electronic mailing address, the address of the entity's official Web site, if applicable, and the general nature of the business conducted by the applicant.
(2)
The applicant shall sign and verify the application.
(3)
Upon compliance by the applicant with the requirements of this section, the Secretary of State shall return to the applicant a stamped copy of the approved registration application.
(4)
The Secretary of State shall not refuse registration of a fictitious business name on the grounds that the name is indistinguishable from a previously registered fictitious business name, registered trademark, or legal name of an entity required by law to register with the Secretary of State.
(5)
Only one (1) fictitious business name may be registered per application submitted under the provisions of this section.
Laws, 2010, ch. 401, § 4, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-9 - Amendments to registration

The registrant of a fictitious business name shall, within thirty (30) days of a material change in any of the information listed in Section
75-93-7(1)
, file with the Secretary of State an amendment of fictitious business name registration. The amendment shall set forth all information that would be required in an original application for registration of a fictitious business name, and the amendment shall be executed in the same manner as an original application.
Laws, 2010, ch. 401, § 5, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-11 - Term and renewal

(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)
Renewal of a fictitious business name registration may be made on or between January 1 and December 31 of the expiration year. Upon timely filing of a renewal statement, the effectiveness of the registration shall continue for five (5) years as provided in this section.
(b)
If the registration is not timely renewed on or before December 31 of the year of expiration, the registration shall expire. The Secretary of State shall remove any expired or canceled registration from its records and may purge such registrations.
Laws, 2010, ch. 401, § 6, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-13 - Effect of registration

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 trademark, service mark, trade name, or other name rights previously acquired by others in the same or similar name. Registration under this chapter does not preserve a fictitious business name against future use or registration by others. The issuance of a registration under this chapter shall not constitute due organization or authority to transact business in this state.
Laws, 2010, ch. 401, § 7, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-15 - Withdrawal of registration

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 which the statement of withdrawal relates;
(c)
That the entity will no longer transact business in this state under the fictitious business name;
(d)
An acknowledgement that the applicant understands the fictitious business name registration will no longer be effective upon the filing of the statement of withdrawal; and
(e)
The signature of the withdrawing registrant.
Laws, 2010, ch. 401, § 8, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-17 - Cancellation of registration

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 court of competent jurisdiction orders the cancellation on any grounds; or
(d)
The registration was obtained fraudulently by containing false or misleading information.
Laws, 2010, ch. 401, § 9, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-19 - Change of ownership

Any fictitious business name registered under this chapter may be assigned by filing a duly executed written instrument with the Secretary of State.
Laws, 2010, ch. 401, § 10, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-21 - Forms and fees

(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 fictitious business name, Twenty-five Dollars ($25.00).
(b)
For withdrawal, cancellation, amendment, or assignment of a fictitious business name, Twenty-five Dollars ($25.00).
(c)
For furnishing a certified copy of a fictitious business name document, Ten Dollars ($10.00).
(3)
Entities required by law to file annual reports with the Secretary of State shall not be charged a separate fee for registration or renewal of a fictitious business name, provided that the application for registration or renewal is filed along with the entity's annual report.
(4)
The Secretary of State shall prescribe by rule the means of electronic filing of documents required under this chapter.
Laws, 2010, ch. 401, § 11, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-23 - Legal designation of entity

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 liability company," "limited liability partnership," "limited partnership," or any abbreviations or derivatives thereof.
Laws, 2010, ch. 401, § 12, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-25 - Limitations on adoption of certain fictitious business names

(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 applicant is a corporation organized or qualified to do business pursuant to the laws of this state;
(b)
"Limited Liability Company," "Limited Company" or the abbreviation "L.L.C.," "L.C.," "LLC," or "LC," unless the applicant is a limited liability company organized or registered to do business pursuant to the laws of this state;
(c)
"Business Trust" or the abbreviation "B.T." or "BT," unless the applicant is a business trust organized or registered to do business pursuant to the laws of this state;
(d)
"Professional Corporation" or the abbreviation "Prof. Corp.," "P.C.," or "PC" or the word "Chartered" or the abbreviation "Chtd.," unless the applicant is a professional corporation organized to do business pursuant to the laws of this state;
(e)
"Professional Association," "Professional Organization," or the abbreviation "Prof. Ass'n" or "Prof. Org.," unless the applicant is a professional association organized to do business pursuant to the laws of this state;
(f)
"Limited" or the abbreviation "Ltd.," unless the applicant is a corporation, limited liability company, registered limited liability partnership, limited partnership, or professional corporation organized, qualified, or registered to do business pursuant to the laws of this state;
(g)
Words not permitted to be used in any business name without governmental consent, unless the applicant provides to the Secretary of State written evidence of such consent.
(2)
Notwithstanding the other provisions of this section, the Secretary of State may allow registration of a fictitious business name which contains a prohibited term if, in the Secretary of State's sole discretion, the term is not misleading.
Laws, 2010, ch. 401, § 13, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-27 - Public examination of records

The Secretary of State shall keep for public examination a record of all fictitious business names registered or renewed under the provisions of this chapter.
Laws, 2010, ch. 401, § 14, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-29 - Powers of Secretary of State

The Secretary of State is granted the power reasonably necessary to enable it to administer this chapter efficiently, to perform the duties herein imposed upon it, and to adopt reasonable rules necessary to carry out its duties and functions under this chapter.
Laws, 2010, ch. 401, § 15, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 93 - FICTITIOUS BUSINESS NAME REGISTRATION ACT (§§ 75-93-1 — 75-93-31) › Section 75-93-31 - Penalty for fraudulent filings

Any person who shall knowingly and willfully procure the registration of a fictitious business name or apply for registration of a fictitious business name under the provisions of this chapter by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00).
Laws, 2010, ch. 401, § 16, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-1 - Definitions; applicability

(1)
As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Dealer" means any person, corporation or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. The term "dealer" does not include a manufacturer, retail merchant, pawnbroker licensed under the Mississippi Pawnshop Act (Article 7, Chapter 67, Title 75, Mississippi Code of 1972) or person in the wholesale business, nor does it include any person who purchases precious items at a social gathering in a private residence.
(b)
"Local law enforcement agency" means the chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality.
(c)
"Permanent place of business" means a fixed premises either owned by the dealer or leased by the dealer for at least one (1) year.
(d)
"Precious item" means any of the following:
(i)
An article made, in whole or in part, of gold, silver or platinum.
(ii)
Precious or semiprecious stones or pearls, whether mounted or unmounted.
(e)
"Purchase" means the acquisition of a precious item or items for a consideration of cash, goods or another precious item.
(2)
This chapter shall not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed under the Mississippi Pawnshop Act, manufacturer or wholesale dealer, nor does it apply to any person who purchases precious items at a social gathering in a private residence.
(3)
For purposes of this section, the term "private residence" means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single-family unit.
Laws, 2011, ch. 414, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-3 - Privilege license required

(1)
A dealer desiring to engage in the business of purchasing precious items for the purpose of reselling those items must purchase a privilege license under Section
27-17-9
which authorizes him or her to engage in that business. A dealer may not operate in the State of Mississippi unless he or she has a current privilege license to engage in the business of purchasing precious items for the purpose of reselling those items.
(2)
A dealer may operate only from the permanent place of business listed on the privilege license. The dealer must forward a copy of each privilege license to the local law enforcement agency within five (5) days of receipt of the license.
Laws, 2011, ch. 414, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-5 - Information to be maintained by dealer for period of time after purchase of precious item; identification of person from whom dealer purchases precious item; list of items purchased to be delivered to law enforcement agency; contents of list

(1)
Each dealer shall keep the following information for six (6) months from the date of purchase of a precious item:
(a)
The name, current address, date of birth and signature of the person from whom the dealer purchased the item.
(b)
A description of the person, including height, weight, race, complexion and hair color.
(c)
A copy and the serial number of a valid identification card number, as required under subsection (2).
(d)
A list describing the items purchased from that person.
Upon the request of a local law enforcement agency, the dealer must make available any of the information required under this subsection.
(2)
Before making a purchase, a dealer shall require the person from whom he or she is purchasing the precious item to identify himself or herself with a valid driver's license, nondriver's identification card, armed services identification card, tribal identification card or other valid photo identification sufficient to obtain the information required under subsection (1). The photo identification must contain a traceable serial number, which must be recorded by the dealer. The local law enforcement agency shall make available to each dealer a list of the forms of photo identification that are acceptable under this chapter. A valid, unexpired tribal identification card is acceptable under this chapter.
(3)
Each dealer, at least once each week in which he or she makes a purchase, shall make out and deliver to the local law enforcement agency a true, complete and legible list of all items purchased during the period since the last report. If the local law enforcement agency has issued forms for the making of the reports, the dealer must use those forms to meet the requirements of this subsection. The list of items must include the following:
(a)
The brand name and serial number, if any, of the item or items purchased.
(b)
An accurate description of each item sufficient to enable the law enforcement agency to identify the item.
(c)
The date and time when the item was received.
(d)
The amount paid for each item.
(e)
All information required under subsection (1) of this section.
Laws, 2011, ch. 414, § 3, eff. 7/1/2011.
Amended by Laws, 2021, ch. 378, HB 277,§ 11, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-7 - Custody of precious item; forms of payment to seller; purchase of item from person under 18 years of age

(1)
Any item purchased must be held in the dealer's custody in the same shape and form for which it was receipted for fifteen (15) business days after delivering the list of items required under Section
75-95-5
to the local law enforcement agency.
(2)
A dealer may make payment to a seller only by check made payable to a named actual intended seller.
(3)
It is presumptive evidence of intent to violate this chapter if the items purchased are not listed or fail to agree with the description contained in the required list.
(4)
On notification by a law enforcement agency or district attorney's office that the items purchased are the fruits of a crime, a dealer may not dispose of those items.
(5)
A dealer may not purchase items from any person under eighteen (18) years of age unless the person is accompanied by a parent or guardian who submits the identification required under Section
75-95-5
.
Laws, 2011, ch. 414, § 4, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-9 - Display of provisions of this chapter on business premises

Each dealer must display prominently a copy of this chapter in a conspicuous place on the premises of the business.
Laws, 2011, ch. 414, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 95 - BUSINESS OF PURCHASING PRECIOUS ITEMS FOR RESALE (§§ 75-95-1 — 75-95-11) › Section 75-95-11 - Penalties for violation of chapter

A violation of this chapter is a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment.
Laws, 2011, ch. 414, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 97 - THIRD-PARTY DELIVERY SERVICES (§§ 75-97-1 — 75-97-3) › Section 75-97-1 - Definitions

As used in this chapter, the following words and phrases have the following meanings, unless the context clearly indicates otherwise:
(a)
"Agreement" means a written contractual agreement between the restaurant, the restaurant owner and the third-party delivery service.
(b)
"Consumer" means a person, business or other entity that places an order for restaurant products through the third-party delivery platform.
(c)
"Logo" means the logo, motto or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.
(d)
"Restaurant" means and includes a restaurant or entity with a food permit as listed with the Mississippi Department of Health.
(e)
"Third-party delivery platform" means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of restaurants and place an order for restaurant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smartphones and other mobile devices.
(f)
"Third-party delivery service" means a company, organization or other entity, other than a restaurant, that is licensed to do business in this state and provides limited delivery services to a consumer.
Added by Laws, 2023, ch. 452, SB 2218,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 97 - THIRD-PARTY DELIVERY SERVICES (§§ 75-97-1 — 75-97-3) › Section 75-97-3 - Advertisement, promotion or conveyance of relationship with restaurant prohibited absent agreement between third-party delivery service and restaurant; violation; civil penalty

(1)
In the absence of an agreement, a third-party delivery service shall not advertise, promote or otherwise convey any relationship with a restaurant and restaurant owner, or use the menu, logo or intellectual property belonging to a restaurant and restaurant owner on the third-party delivery platform.
(2)
A restaurant whose menu, logo or intellectual property is used by a third-party delivery service in violation of this chapter shall have the right to bring an action in a court of competent jurisdiction.
(3)
Upon a finding by a court of competent jurisdiction that a third-party delivery service used the menu, logo or intellectual property of a restaurant and restaurant owner in violation of this chapter, the court may impose a civil penalty in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00), or the amount of the restaurant's actual damages, whichever is greater.
Added by Laws, 2023, ch. 452, SB 2218,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter NEW - [WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT] (§§ 75-NEW-NEW-001 — 75-NEW-NEW-007) › Section 75-NEW-NEW-001 - [Newly enacted section not yet numbered] [Short title]

This act shall be known and may be cited as the "Walker Montgomery Protecting Children Online Act."
Added by Laws, 2024, ch. 456, HB 1126,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter NEW - [WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT] (§§ 75-NEW-NEW-001 — 75-NEW-NEW-007) › Section 75-NEW-NEW-002 - [Newly enacted section not yet numbered] [Definitions]

For purposes of this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a)
"Digital service" means a website, an application, a program, or software that collects or processes personal identifying information with Internet connectivity.
(b)
"Digital service provider" means a person who:
(i)
Owns or operates a digital service;
(ii)
Determines the purpose of collecting and processing the personal identifying information of users of the digital service; and
(iii)
Determines the means used to collect and process the personal identifying information of users of the digital service.
(c)
"Harmful material" means material that is harmful to minors as defined by Section
11-77-3(d)
.
(d)
"Known minor" means a child who is younger than eighteen (18) years of age who has not had the disabilities of minority removed for general purposes, and who the digital service provider knows to be a minor.
(e)
"Personal identifying information" means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information or publicly available information.
Added by Laws, 2024, ch. 456, HB 1126,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter NEW - [WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT] (§§ 75-NEW-NEW-001 — 75-NEW-NEW-007) › Section 75-NEW-NEW-003 - [Newly enacted section not yet numbered] [Applicability of act]

(1)
This act applies only to a digital service provider who provides a digital service that:
(a)
Connects users in a manner that allows users to socially interact with other users on the digital service;
(b)
Allows a user to create a public, semi-public or private profile for purposes of signing into and using the digital service; and
(c)
Allows a user to create or post content that can be viewed by other users of the digital service, including sharing content on:
(i)
A message board;
(ii)
A chat room; or
(iii)
A landing page, video channel or main feed that presents to a user content created and posted by other users.
(2)
This act does not apply to:
(a)
A digital service provider who processes or maintains user data in connection with the employment, promotion, reassignment or retention of the user as an employee or independent contractor, to the extent that the user's data is processed or maintained for that purpose;
(b)
A digital service provider's provision of a digital service that facilitates e-mail or direct messaging services, if the digital service facilitates only those services;
(c)
A digital service provider's provision of a digital service that:
(i)
Primarily functions to provide a user with access to news, sports, commerce, online video games or content primarily generated or selected by the digital service provider; and
(ii)
Allows chat, comment or other interactive functionality that is incidental to the digital service; or
(d)
A digital service provider's provision of a digital service that primarily functions to provide a user with access to career development opportunities, including:
(i)
Professional networking;
(ii)
Job skills;
(iii)
Learning certifications;
(iv)
Job posting; and
(v)
Application services.
(3)
The Internet service provider, Internet service provider's affiliate or subsidiary, search engine or cloud service provider is not considered to be a digital service provider or to offer a digital service if the Internet service provider or provider's affiliate or subsidiary, search engine or cloud service provider solely provides access or connection, including through transmission, download, intermediate storage, access software or other service, to an Internet website or to other information or content:
(a)
On the Internet; or
(b)
On a facility, system or network not under the control of the Internet service provider, provider's affiliate or subsidiary, search engine or cloud service provider.
Added by Laws, 2024, ch. 456, HB 1126,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter NEW - [WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT] (§§ 75-NEW-NEW-001 — 75-NEW-NEW-007) › Section 75-NEW-NEW-004 - [Newly enacted section not yet numbered] [Consent to create account - Permission from parent or guardian required]

(1)
A digital service provider may not enter into an agreement with a person to create an account with a digital service unless the person has registered the person's age with the digital service provider. A digital service provider shall make commercially reasonable efforts to verify the age of the person creating an account with a level of certainty appropriate to the risks that arise from the information management practices of the digital service provider.
(2)
A digital service provider shall not permit an account holder who is a known minor to be an account holder unless the known minor has the express consent from a parent or guardian. Acceptable methods of obtaining express consent of a parent or guardian include any of the following:
(a)
Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan;
(b)
Providing a toll-free telephone number for the known minor's parent or guardian to call to consent;
(c)
Coordinating a call with a known minor's parent or guardian over video conferencing technology;
(d)
Collecting information related to the government-issued identification of the known minor's parent or guardian and deleting that information after confirming the identity of the known minor's parent or guardian;
(e)
Allowing the known minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the known minor's parent or guardian; or
(f)
Any other commercially reasonable method of obtaining consent in light of available technology.
Added by Laws, 2024, ch. 456, HB 1126,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter NEW - [WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT] (§§ 75-NEW-NEW-001 — 75-NEW-NEW-007) › Section 75-NEW-NEW-005 - [Newly enacted section not yet numbered] [Duties of digital service provider with agreement with known minor for access to digital service]

(1)
A digital service provider that enters into an agreement with a known minor for access to a digital service shall:
(a)
Limit collection of the known minor's personal identifying information to information reasonably necessary to provide the digital service; and
(b)
Limit use of the known minor's personal identifying information to the purpose for which the information was collected.
(2)
A digital service provider that enters into an agreement with a known minor for access to a digital service may not:
(a)
Use the digital service to collect the known minor's precise geolocation data;
(b)
Use the digital service to display targeted advertising involving harmful material to the known minor; or
(c)
Share, disclose or sell the known minor's personal identifying information unless required to:
(i)
Comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by a governmental entity;
(ii)
Comply with a law enforcement investigation;
(iii)
Detect, block or prevent the distribution of unlawful, obscene or other harmful material to a known minor;
(iv)
Block or filter spam;
(v)
Prevent criminal activity; or
(vi)
Protect the security of a digital service.
Added by Laws, 2024, ch. 456, HB 1126,§ 5, eff. 7/1/2024.