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South Carolina builds its registered agent rule into the LLC chapter of the state code, and one clause is worth reading first. Section 33-44-111 says that if a limited liability company fails to appoint or maintain an agent for service of process, or the agent cannot with reasonable diligence be found at the address, the Secretary of State is an agent of the company upon whom process, notice, or demand may be served. You can read it in the state's LLC chapter. The wider LLC steps are on our South Carolina LLC page.
Who qualifies as the agent?
Section 33-44-108 says an agent must be an individual resident of South Carolina, a domestic corporation, another limited liability company, or a foreign corporation or foreign company authorized to do business in the state. Read this carefully. The list says another limited liability company, which points away from the LLC naming itself. An owner who lives in South Carolina, or a separate company, is the safe choice.
If you plan to take the role yourself, read how to be your own registered agent first, because it puts your name and street address on the record.
What else must the LLC keep in the state?
The same section requires two things at all times:
- a designated office, which need not be a place of business in South Carolina
- an agent, with a street address, for service of process
The Articles of Organization must show the name and street address of the initial agent. The Secretary of State's FAQ also lists a missing agent name or address as a common reason for sending a filing back.
How do I change the agent?
Section 33-44-109 lets the company change its designated office or agent by filing a statement of change with the Secretary of State. The statement gives the company name, the current office and agent, and the new office, or the new agent's name and street address.
The agency's fee table shows a Notice of Change of Agent or Office at $10. The table is not a current fee page and fees change, so confirm the amount in the Business Entities Online system, which also has downloadable forms. Pay only the state, and be careful about mailings that demand more money for routine documents. The Secretary of State has warned about such scams for certificates.
What if the agent resigns?
Under section 33-44-110, the agent files a statement of resignation. The Secretary of State then mails one copy to the designated office and another to the company at its principal office. The agency ends on the thirty-first day after the statement is filed.
Use that month to name a new agent. If you do not, the company is in the position described at the top of this page, and the Secretary of State becomes the contact for lawsuits. The pages we read do not describe any notice the state would send you in that case, so do not count on one. Our service of process guide explains why that is risky.
How can I look up an agent?
The Business Entities Online system gives the public general information for every entity on file, including registered agent and registered office. It also has a search by agent, which shows every entity that agent serves. Start from the state's file and search page.
Do I have to use a paid agent?
No. The statute lets a state resident serve. Agent companies are a private choice, and we do not name or price them. Our registered agent services overview explains how to compare. Nearby, see North Carolina and Georgia.