Foreign Corporations Qualifications to do Business - Issue 2

"The Mississippi Business Corporation Act contains a non-exclusive list of activities that are not considered transacting business in the state. Miss. Code § 79-4-15.01(b).

Additionally, a foreign corporation which is general partner of any general or limited partnership, which partnership is transacting business in this state, is hereby declared to be transacting business in this state. Miss. Code § 79-4-15.01(d)."

"Important exceptions include: (i) the maintaining, defending or settling any proceeding, (ii) selling through independent contractors, (iii) securing or collecting debts, (iv) owning, without more, real or personal property in the state, (v) conducting an isolated transaction that is completed within 30 days and is not in the course of repeated transactions of a like nature, and (vi) transacting business in interstate commerce. Id. Activities which fall outside of the statutory exceptions are determined on a case-by-case basis by weighing all the facts and circumstances involved and considering the corporation's activities as a whole. Humbolt Foods, Inc. v. Massey, 297 F.Supp. 236 (N.D. Miss. 1968) (decided under former statute). "