Forming a new limited liability company in South Carolina is a simple procedure that can be accomplished with the help of our tutorials. Within this webpage you will find detailed descriptions of all the necessary filing steps demanded by the Secretary of State. To get started, you must first decide if you’ll be submitting your formation documents online which will require that an account be created first to access the online system. Individuals sending their documents through the mail must download and complete the Articles of Organization in duplicate and forward the application to the Secretary of State. A filing fee of $110 must be supplied, regardless of the chosen method of registration. Fees are payable by credit card or checking/savings account for online filers, and by check or money order for those filing through the mail. Scroll down to learn more about the exact filing requirements.
Before filing with the Secretary of State, it would be wise to perform a Business Entity Search to check the availability of the chosen name for your entity. If in the event that you choose not to register for formation immediately, a Name Reservation costs only $10 and will last 120 days.
How to File (Online)
Step 1- The process of filing for a domestic LLC begins by logging into your online account. If an account has yet to be created with the Secretary of State, view our tutorial to learn more about that procedure.
Step 2- With your account accessed, continue by navigating here. Select the type of entity you would like to form by choosing one of the options from the drop-down menu.
Step 3- Specify the residency in which you are forming an LLC by selecting one of the available options.
Step 4- Enter the name chosen for your LLC into the text box. The name must contain the appropriate ending or abbreviation.
Step 5- The following page displays a statement regarding your LLC’s attempt to register in the state of South Carolina. Click Continue to proceed.
Step 6- Provide the physical address of the office maintained by your LLC in South Carolina. This address does not need to be a place of business.
Step 7- Enter the name of the registered agent into the entry field and click Continue.
Step 8- The street address, city, state, and zip code of the registered agent must now by supplied.
Step 9- An individual who will perform the act of signing the formation documents and delivering them to the Secretary of State for filing must be specified. Click the Add button to begin providing the individual’s name and address.
Step 10- Enter the name and business title of the person who will deliver the formation documents to the Secretary of State.
Step 11- Continue by supplying the street address, city, state, and zip code of the individual mentioned in Step 10.
Step 12- You may now repeat the previous three steps to add additional individuals to represent your entity to the Secretary of State. Click Continue when you are ready to proceed.
Step 13- Specify as to whether or not your LLC is a term company. A term company has members which have agreed to remain members until the expiration of a specific term.
Step 14- If you answered yes to the previous question, specify the expiration date of the term.
Step 15- Select Yes or No as to whether or not your LLC is manager-managed. Manager-managed LLCs operate similar to the corporate model in that the activities of the organization/business are handled by managers.
Step 16- The names and addresses of each manager must now be provided. Click the Add tab to begin supplying this information.
Step 17- Enter the name of a manager into the entry field and then specify his/her business title.
Step 18- Continue by supplying the address of the manager described in Step 16.
Step 19- You may now add additional managers by repeating the previous three steps. Click Continue once all the managers have been added.
Step 20- If one or more of the members of your LLC are liable for its debts and obligations, select Yes.
Step 21- If yes was chosen for Step 19, specify which members, and for which debts, obligations, or liabilities such members are liable.
Step 22- Unless a delayed effective date is specified in the entry field, your LLC will be effective when endorsed for filing by the Secretary of State.
Step 23- Optional provisions may now be supplied by inputting the provisions manually into the text box or by supplying a document from your computer files.
Step 24- A document containing all necessary signatures must be uploaded. Click Signature Sheet to download the signature package. At this point you can pause the filing process by clicking Save & Stop, allowing you to gather all required signatures and return to this step at a later point.
Step 25- Use the Choose File tab to select a document from your computer containing the signature package. Specify the delivery method and file format of the package and then click Continue to proceed.
Step 26- The following page displays a review of all the information that has been submitted thus far. If you scroll down to the bottom of the page you will see an image similar that of the one shown below. You may alter any specific details by using the Previous tab at the bottom to go back to any step in the filing process.
Step 27- The filing fee you will be required to pay is displayed on the following page. Click Continue to proceed.
Step 28- The filing fee is shown once again. Simply click Checkout to proceed.
Step 29- Click Continue to add your filings to the shopping cart and move onto the last few steps of the filing process.
Step 30- Payment can be made by credit card or electronic funds withdrawal (checking or savings account). Select one of the available options and click Continue to proceed.
Step 31- Enter your credit card number or banking information and click Continue to commit to payment and finalize the registration process.
How to File (PDF)
Step 1- Filing by mail can be accomplished by first downloading the Articles of Organization.
Step 2- With the application downloaded, continue by supplying the following information:
- 1-Name of the LLC
- 2-Address of the initial designated office in South Carolina
- 3-Printed name and signature of the initial agent for service of process
- 4-Name and address of each organizer
- Name of the LLC
- 5-If the LLC is a term company, specify the term
- 6-If the LLC is managed by management, supply the names and address of each initial manager
- 7-If one or more managers are to be liable for the LLC’s debts and obligations, specify which members and for which debts, obligations, or liabilities
- 8-Specify the effective date, unless the LLC is to be effective upon registration with the Secretary of State
- 9-Optional provisions (separate attachment)
- 10-Each organizer listed in number 4 must provide their signature and note the date this document is signed
Step 3- Once your application has been completed and signed by the necessary representatives, you must then attach a check or money order made out to the Secretary of State in the amount of $110. Have the application and filing fee mailed to the address below.
South Carolina Secretary of State’s Office
Attn: Corporate Filings
1205 Pendleton Street – Suite 525 Columbia, SC 29201
EIN – After filing your formation documents with the Secretary of State, it will be necessary to obtain an Employer Identification Number. An EIN is issued by the Internal Revenue Service and used to identify businesses as legitimate, tax-paying entities. Once obtained, your business will be eligible to hire employees, apply for loans, register for bank accounts, and perform a number of other business transactions. Applying for an EIN is simple and can be accomplished Online or through the mail the with the PDF Form SS-4. A tutorial has been provided in the heading of this paragraph to guide those who seek assistance on this procedure.
Operating Agreement – It is recommended that all newly formed LLCs consider drafting an operating agreement to outline a number of logistical affairs that may have not been defined in the initial formation documents. An agreement is filed with the managing members of an LLC and not the Secretary of State and as a result it needn’t be filed with the government offices. Nevertheless, the many benefits that come when an agreement has been drafted will certainly prove its usefulness. Click on the link at the heading of this paragraph to find out more about the advantages of drafting such a document and to download our free template found in MS Word and PDF formats.
Renewal – Many Secretaries of State demand that LLCs file an annual report in order to stay up to date and in good standing. Fortunately for individuals representing LLCs in South Carolina, this is not the case as there is currently no reporting or renewing requirement with the Secretary of State’s offices. However, if your LLC has chosen to be taxed as an S Corp, then you will be required to file the SC 1120-S document with the Department of Revenue. A filing fee must be included, the amount of which is based upon your LLC’s taxable income. Send the SC 1120-S and the filing fee to the address below.
COLUMBIA, SC 29214