LLC South Carolina: Everything You Need to Know
If you want to form an LLC in South Carolina, you’ll want to know the steps required to form an LLC, along with the required upkeep and operations of an LLC in the state of South Carolina. 3 min read
2. Trademark Registration of Your Business Name and Logo
3. Articles of Organization
4. Operating Agreement
LLC South Carolina
If you want to form an LLC in South Carolina, you’ll want to know the steps required to form an LLC, along with the required upkeep and operations of an LLC in the state of South Carolina. An LLC, also known as a limited liability company, has many advantages, the most noteworthy being the limited liability for members. This means that any LLC member cannot be held personally liable for the debts of the LLC.
Before anything else, once you are ready to form your LLC, you’ll have to choose a business name. The name itself must be unique and available for use in the state of South Carolina. There are other requirements when choosing a business name, including the fact that your South Carolina LLC must include a business type designator, which will be Limited Liability Company, L.L.C., LLC, Limited Liability Co., or something of the like.
In order to find out if the business name you want to use is in fact available, you’ll want to run a search on South Carolina’s Secretary of State website. Once you do choose a name that is available, you can reserve it for up to 120 days by paying a $25 fee. Before forming your LLC, you might also want to find out if the website address of your business name is also available for use. This could help potential clients find your company website, while also creating uniformity with your business name, URL, and an e-mail address.
Trademark Registration of Your Business Name and Logo
Another idea is to register your trademark. While it is not required, it is helpful and provides additional protection in the event that someone else tries to sell the goods that you are selling through your LLC. You can apply for trademark protection by filing an application with the United States Patent and Trademark Office (USPTO). You can register both your business name and business logo. Remember that you already have common-law protection once you begin selling your products or offering your services through your LLC. However, if you successfully obtain trademark protection, you can file a lawsuit against anyone infringing upon your rights.
If you are ready to file the Articles of Organization, then you need not file a document reserving your business name. You can simply begin drafting your Articles of Organization, and either submit it online or mail it to the South Carolina Secretary of State Office, located at 1205 Pendleton Street, Suite 525, Columbia, SC 29201.
First, you’ll want to download the form, which can be found here. You’ll have to provide the following information in this document:
• Your business address
• Name/address of your registered agent
• Name/address of each member
• Name/address of each manager, if applicable
• LLC effective date (if you don’t want the LLC to become active right away)
• Signature of all members, as well as the registered agent
• The length of time the LLC will be in operation, if it is not being set up to operate indefinitely
• Member liability (if applicable)
After you draft the Articles of Organization, you’ll submit it, along with a filing fee of $110. If you choose not to file online, you can mail the application, along with the check, to the South Carolina Secretary of State’s Office, Attn. Corporate Filings.
While the Operating Agreement is not required, it is beneficial to have, particularly for multi-member or manager-managed LLCs. The agreement itself contains a lot of important information, including the following:
• Percentage of ownership for each member
• Voting powers
• Member’s rights and responsibilities
• Daily management of the LLC
• Rules regarding when and how meetings will be held
• Rules for membership selling his or her interest
If you need help forming your South Carolina LLC, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5-percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with, or on behalf of companies like Google, Menlo Ventures, and Airbnb.