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South Carolina LLC

A South Carolina LLC is formed by filing Articles of Organization with the Secretary of State, which lists a $110 fee. The state does not require an annual report from an LLC unless it is taxed as a corporation.

South Carolina facts from official pages

Filing office
South Carolina Secretary of Statesos.sc.gov, checked
LLC filing fee
$110scstatehouse.gov, checked (archived copy)
LLC filing form
Articles of Organization, signed by an organizersos.sc.gov, checked (archived copy)
Required LLC name ending
LLC, L.L.C., LC, L.C., Limited Liability Company, Limited Companyscstatehouse.gov, checked
Name reservation fee
$10scstatehouse.gov, checked (archived copy)
Upkeep and penalties
No SOS annual report for an LLC unless taxed as a corporationscstatehouse.gov, checked (archived copy)
Forming the LLC
The Secretary of State does not register DBA or trade namessos.sc.gov, checked (archived copy)
Upkeep and penalties
An administratively dissolved LLC must apply to reinstate within two yearssos.sc.gov, checked (archived copy)
Operating agreement
An operating agreement need not be in writing (S.C. Code 33-44-103)scstatehouse.gov, checked

Last updated

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?

  1. Search the name and settle the registered agent.
  2. Open Business Entities Online, which lets users file organizing documents and search entities. Downloadable forms are there too.
  3. 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.
  4. 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.

Good to know

Questions people ask

Do I have to reserve a name before forming a South Carolina LLC?

No. The Secretary of State says you do not need to reserve a name if you are ready to organize your entity. A reservation costs $10 and lasts 120 days, and it cannot be renewed.

Does a South Carolina LLC file an annual report?

Not with the Secretary of State, according to the agency's fee table, which shows no annual report for an LLC unless it is taxed as a corporation. Corporations report to the Department of Revenue.

Can I register a DBA with the South Carolina Secretary of State?

No. The Secretary of State's Office does not register DBA or trade names. Business licenses are issued at the county or city level, and retail licenses by the Department of Revenue.

Why do South Carolina filings get rejected?

The most common reason in the last fiscal year was that the name was not available. Missing organizer names or signatures, a missing agent name or address, and a missing filing fee are also on the list.

Can a South Carolina LLC be reinstated after dissolution?

Yes, if it applies within two years of the administrative dissolution. If the cause was an unfiled tax return, the Department of Revenue must issue a Certificate of Tax Compliance first.

Does a South Carolina LLC need a written operating agreement?

The state LLC chapter says members may enter into an operating agreement, which need not be in writing. A written one is still the safer record of who agreed to what.

Start your South Carolina LLC