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Starting an LLC in South Carolina means filing Articles of Organization with the Secretary of State through its Business Entities Online system. The Secretary of State's fee table lists $110 for a domestic LLC, so confirm the amount on the filing screen before you pay. The wider search and records picture is in our South Carolina business search guide.
Is the South Carolina LLC chapter different?
South Carolina's LLC rules sit in Chapter 44 of Title 33 of the S.C. Code, which carries a 1996 act history note. That chapter says what the Articles of Organization must set out:
- the company name
- the address of the initial designated office
- the name and street address of the initial agent for service of process
- the name and address of each organizer
- whether the company is a term company
- whether it is manager-managed, and if so the initial managers
- whether members are liable for the company's debts
A form missing the agent or the organizer's signature is a common reason for rejection, so fill every line.
How do I choose a name?
The name must contain "limited liability company" or "limited company" or one of LLC, L.L.C., LC or L.C. It also has to be distinguishable on the Secretary of State's records from the names of other companies, corporations and limited partnerships in the state, and from reserved names. The state's FAQ says it will not let an entity organize with a name identical to one in its database.
The Secretary of State's FAQ ranks an unavailable name as the most common reason for rejected filings, so run a search first. Our name availability guide and the South Carolina search tool help here. A reservation is optional. It costs $10 and holds a name for 120 days, once only.
Filing gives no exclusive right to a name. For protection beyond the state records, the Secretary of State points to its trademark division.
Who is the registered agent?
Every South Carolina LLC names an agent with a street address. An individual resident, a domestic company, or an authorized foreign company can serve. Details and fees are on our South Carolina registered agent page.
What are the steps to file?
- Search the name and settle the registered agent.
- Open Business Entities Online, which lets users file organizing documents and search entities. Downloadable forms are there too.
- Fill in the Articles of Organization with every item listed above and sign as an organizer. The signer must print their name and list the capacity that gives them authority.
- Pay the filing fee. A payment by check must be signed and made out to the SC Secretary of State.
After acceptance, you can order a Certificate of Existence for $10, which the agency says is set by statute. Ignore mailings that ask for hundreds of dollars for it.
What happens after approval?
Write an operating agreement. Under the LLC chapter, members may enter into one, and it does not have to be in writing. Where the agreement is silent, the chapter governs relations among the members, managers and company. Then get an EIN with our EIN guide. The Secretary of State does not issue business licenses: retail licenses come from the Department of Revenue and business licenses from your county or city.
What does a South Carolina LLC file each year?
Nothing with the Secretary of State, unless it elects corporate tax treatment. The fee table marks the annual report as not applicable to an LLC unless taxed as a corporation. Corporations file their annual report with the Department of Revenue.
Check tax filings with the Department of Revenue or an accountant. Dates and amounts for those are outside this page.
If an LLC is dissolved by administrative action, it must apply for reinstatement within two years.
Compare North Carolina and Georgia, or see LLC fees by state. Ready to file? Use our start an LLC form.
After approval, check the rules in our South Carolina business license guide.