1. Online Filing for South Carolina LLC
2. Mail Filing for South Carolina LLC
3. South Carolina LLC Formation

When filing the South Carolina LLC Articles of Organization, provide the registered agent's name, mention the type of residency, and specify whether it's a term company.

Online Filing for South Carolina LLC

Before you file your limited liability company (LLC) with the South Carolina secretary of state's office, you should perform a business entity search. If you choose not to register for your LLC immediately, a name reservation lasts for 120 days.

To file your South Carolina LLC online, follow these steps:

  • Log into your online account and select the type of entity you want to form.
  • Choose the type of residency you plan to form.
  • Enter the LLC's name.
  • Provide the registered agent's name and address.
  • Specify the name, business title, and address of anyone who represents the entity, including anyone who signs and delivers the formation documents to the secretary of state's office for filing.
  • State whether your LLC is a term company. A term company has members who remain as such until a specific term expires.
  • Declare whether your LLC is manager-managed. LLCs that are manager-managed operate in similar fashion to the corporate model, as the organization has managers who oversee everyday business activities.
  • Give the name, address, and business title of each manager.
  • Select the tab that states whether one or more of your members are liable for the LLC's debts and obligations. If so, specify which members and the debts, obligations, and liabilities for which they are liable.
  • Mention whether there is a delayed effective date; otherwise, the LLC becomes effective once you file with the secretary of state's office.
  • Upload a document containing all necessary signatures.
  • Pay the filing fee.

Mail Filing for South Carolina LLC

If you opt to file the South Carolina LLC Articles of Organization via mail, follow these steps:

  • Download the Articles of Organization, which is a document needed to form an LLC.
  • Supply the LLC's name and address, the printed name and signature of the initial agent, and the name and address of each organizer.
  • Specify the term, if the LLC is a term company. If management oversees the company, give the names and address of each manager.
  • State which members are responsible for which obligations, liabilities, and debts.
  • Mention the effective date, unless the date occurs upon registration.
  • Have each representative sign the application.
  • Mail the application and a check or money order made out to the South Carolina secretary of state's office.

Once you file formation documents, you must obtain an Employer Identification Number (EIN). The Internal Revenue Service uses the EIN to identify a business as a legitimate, tax-paying entity.

You should also consider drafting an operating agreement. This agreement outlines logistical affairs perhaps not defined in the original formation documents. The LLC's managing members file the document, but you don't need to file it with government offices.

Most secretary of state's offices require LLCs to file an annual report to remain current and in good standing. However, South Carolina does not make this mandatory unless you opt to be taxed as an S Corp. If that's the case, you must file the SC 1120S document with the department of revenue. Include a filing fee, which depends upon the LLC's taxable income.

South Carolina LLC Formation

When forming an LLC, the name of the business must include "Ltd. Co.," "Limited Liability Company," "Limited Company," "LLC," "L.L.C." or "LC" at the end. The LLC's name cannot have language that states any purpose outside that which is provided by the Articles of Organization and state law.

South Carolina has other factors that managers or members of LLCs must consider, including:

  • LLCs require one or more managers or members.
  • The state doesn't have provisions pertaining to where members or managers must reside.
  • South Carolina doesn't have any age requirements.
  • LLCs don't need to include members on the Articles of Organization; however, managers must be included.

South Carolina has other requirements pertaining to the Articles of Organization, such as:

  • Designating a registered agent and office.
  • Stating whether the LLC will be managed by a manager or by members.
  • Including the names of the initial manager, if manager-managed.
  • Stating the term of the LLC if it's not perpetual.
  • Adding a delayed effective date, if necessary.
  • Providing the names, addresses, and signatures of the organizers of the LLC.

You must list the registered agent's name and address, and this person must be available to accept tax and legal documents.

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