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Step By Step Guide

How to Form and Register an LLC in South Carolina: A Complete Guide

Forming a limited liability company provides liability protection for any type of business, and should be among the first steps you take as a new business owner. Starting a limited liability company can help you protect your personal assets while adding legitimacy to your company. Follow our step by step guide or let us handle the paperwork on your behalf, ensuring your business is filed quickly and accurately.

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Why start and file a limited liability company in South Carolina?

According to NerdWallet, South Carolina is one of the best states in the United States to do business. It's cost-effective to do business in The Palmetto State, with no state property, local income, or sales tax. Plus, there's an entire suite of small business initiatives, including grants, powered by the South Carolina Department of Commerce to help entrepreneurs set up shop. Does this sound like the perfect space for your LLC? Forming an LLC in SC can be a great decision for your business. Let's take a look at how to start a South Carolina LLC. Starting an LLC in South Carolina is a straightforward process with many benefits.

Two Ways to Register Your Business

MyCorporation® can help you file all of the necessary documents to form your limited liability company in South Carolina.

File and submit the formation paperwork yourself

Our free guide provides you with all of the information you'll need to form your limited liability company in South Carolina. Bookmark this page as a reference so you can return easily as you complete each step of the process.

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Let MyCorporation handle the formation process for you.

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Simple Steps to Register Your LLC in South Carolina

Filing a DBA in South Carolina is a straightforward process that ensures your business operates legally under an assumed name. Follow these four simple steps to get your DBA filed quickly and easily.

The first step will be to decide on a name for your business. Choose a name that is memorable and unique, easy to understand and pronounce, and accurately represents your business. You'll want to search your name choices on the web to quickly find out if they are already taken. It's also best to jot down one or two alternatives, in case the name you settle on is not available for registration in South Carolina.

There are a few rules that South Carolina Limited Liability Companies must follow in order to register a name.

  • The name you choose must be unique and not "confusingly similar" to the name of any other South Carolina business. This is to prevent fraud or misrepresentation and is a common rule in all 50 states. You can find out whether a name is available by conducting a business entity name search through the South Carolina Secretary of State Opens in a new window for possible conflicts.

    In a pinch, you can use MyCorporation's business name search service, where we will conduct a more thorough search on your behalf and report back our findings.

  • You must include one of the following endings: "limited liability company," "limited company," or abbreviations like "LLC" or "L.L.C.," "L.C.," "LC," or "Ltd. Co."

You can learn more about how to choose and register a business name and other important statutory information through the South Carolina Secretary of State Opens in a new window.

Tip: A business name check is included with every one of our business formation packages. We check with the state to determine the availability of your business name automatically. You can also conduct a nationwide business name search here.

There are two options to choose from when it comes to setting up your limited liability company in South Carolina. "Member managed" or "manager managed". The first thing you need to know is that owners of any LLC are referred to as "members". A single member LLC has just one owner, while a multi-member LLC is an LLC owned by 2 or more members. Pretty simple, right?

South Carolina LLCs also must also designate one or more individuals to manage the day to day operations of the business. This can be handled by one of the members of the business (member managed, the most popular choice and the default in most states), or a professional manager appointed by the members to act on their behalf (manager managed).

While the differences are subtle, what you really need to know is that each member in a member managed LLC has the power to make decisions for the business. However, in a manager managed LLC, the members choose who will manage the business and relinquish all of the decision making to the manager chosen. The person chosen can be one of the members of the business as well, or it can be someone else entirely.

Most states require that you designate a registered agent for your business, and South Carolina is no exception. A registered agent acts as the state's means to communicate with a business and is responsible for receiving legal and official documents related to the business.

A registered agent can be anyone you wish, with one small caveat. The registered agent must have a physical address in South Carolina. In other words, a P.O. Box is not allowed as a registered agent address. This means a member of the Limited Liability Company can act as the registered agent if desired, or a third-party registered agent service like MyCorporation can be used.

Why designate a third party to act as my registered agent?

It should be noted that registered agent information is made publicly available. This can cause privacy concerns for business owners who do not wish to list their personal contact information on the internet for everyone to see. It is also common for the registered agent to become a target of spam or robocalls since this private information is relatively easy to obtain.

Another issue that may arise is that in the case of a lawsuit, these documents would be hand delivered directly to the registered agent. In the case that you used your business location for this purpose, this could occur in front of your customers. This is why many business owners opt for a third-party registered agent service such as MyCorporation to act as a registered agent on behalf of their business.

Tip: Our Deluxe and Premium formation packages include a full year of registered agent services for your business. We also offer standalone registered agent services which you can add to your business later.

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The state of South Carolina requires you to file Articles of Organization Opens in a new window to order to form an LLC. This document includes basic information about the South Carolina LLC such as:

  • Name of the limited liability company (must include one of the following endings: "limited liability company," "limited company," or abbreviations like "LLC" or "L.L.C.," "L.C.," "LC," or "Ltd. Co."
  • Address of the initial designated office of the LLC
  • Initial agent and their street address for service of process
  • Name and address of each organizer
  • Whether or not the company is a term company (check off a specific box)
  • If management of the LLC is vested in a manager or managers (check off a specific box)
  • If one or more members of the company are liable for its debts and obligations (check off a specific box)
  • Specify any delayed effective date and time
  • Other provisions
  • Name and signature of each organizer and date

A filing fee of $110 is required when submitting the Articles of Organization, along with two completed copies of this form for filing. Make the check or money order payable to the South Carolina Secretary of State.

After formation, the state of South Carolina requires an LLC to create an operating agreement. This agreement needs to be written, and should be kept with the company's records. In order to open a bank account for your business, you will often be required to submit both your operating agreement, and your EIN number.

What kind of information needs to be included in a South Carolina operating agreement?

  • Basic contact details: The name of the LLC, the address of the principal business location and often, the registered agent address.
  • The business purpose: This is a basic one sentence description of what kind of business your LLC will do, and is often a very general description, which creates a bit more flexibility as the business matures.
  • Tax structure: Often this indicates the way the LLC will choose to be taxed. The main options are to be taxed as a sole proprietor or a partnership ( both pass through options ) or to be taxed as a corporation ( which requires an S Corp Election to be filed )
  • Ownership and management: This section lays out the general rules about how the business will operate day to day. This refers to step 3, where you determined whether your business would be "manager managed" or "member managed". As mentioned before, member managed is the default and the most common choice. If you are unsure, member managed is a pretty safe bet.
Tip: All of our formation packages include a sample operating agreement you can use directly, or modify to fit your needs. Start Now

Your South Carolina LLC may need to check in with the South Carolina Secretary of State for more information about the licenses and/or permits required by your business. Several factors, including the company's industry and county location, may determine which documents need to be filed.

In the event that you need a bit of help, you may also turn to MyCorporation's business license compliance package. Our skilled professionals will do the work for you. We identify all of the licenses required by your business and provide you with the information you need in order to file.

Ready to Get Started?

MyCorporation® takes the guess work out of starting your business. Answer a few simple questions, and our filing experts will take care of the rest.

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An EIN (also called a Federal Tax Id) is a nine-digit number that is issued by the IRS and used to uniquely identify your business for tax purposes. Think of it as a Social Security Number (SSN) for your business, except an EIN is far less sensitive. It is important to wait until the LLC has been approved by the state before applying, and for that reason, filing for an EIN is one of the last things to do when you are setting up a business.

Like a social security number, the EIN allows you to:

  • Open business checking, savings, or investment accounts
  • File taxes for the business
  • Complete payroll for employees if applicable
  • Obtain lines of credit and credit cards, as well as "build credit" for your business
  • Apply for applicable business licenses when required.

You only need a few pieces of information to file including your mailing address and legal business name. You can apply for an LLC in SC online with the IRS by downloading IRS Form SS-4 (PDF)(116 KB), or work alongside a third party organization like MyCorporation to complete an EIN application.

Conclusion

Forming an LLC in South Carolina offers numerous benefits, from cost-effective operations to supportive business initiatives. By following the steps outlined in this guide, you can ensure a smooth LLC application in South Carolina. If you need further assistance on how to form an LLC in South Carolina, MyCorporation can help. Call us at 877.692.6772 to speak to one of our filing experts, or contact us for more information.

limited liability company Formation Packages

Save money and simplify the process of starting your business by bundling the services you need with our business formation packages.

BASICS
$99
  • Articles of Organization
  • Name Availability Search
  • Minutes & Membership Certificates
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STANDARD
$124
  • Articles of Organization
  • Name Availability Search
  • Minutes & Membership Certificates
  • Annual Report service
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DELUXE
$224
  • Articles of Organization
  • Name Availability Search
  • Minutes & Membership Certificates
  • Annual Report service
  • Registered Agent services
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South Carolina LLC Frequently Asked Questions

In South Carolina, if your profession requires state licensing, you would incorporate your business as a Professional Service Limited Liability Company (PLLC). This often includes doctors, lawyers, therapists, and other professions where state licensure is required.

A PLLC is different than a Professional Corporation (PC), which consists of shareholders that own company stock and has different tax implications. South Carolina allows licensed professionals the opportunity to form both a PLLC and PC, if desired. PLLCs are usually more popular, as they require less effort to build and operate.

Generally, this can include the following professions:

  • Accounting
  • Acupuncture
  • Architecture
  • Chiropractic
  • Clinical social work
  • Dentistry
  • Law
  • Marriage, family, and child counseling
  • Medicine
  • Speech-language pathology and audiology
  • Nursing
  • Optometry
  • Osteopathy
  • Pharmacy
  • Physical therapy
  • Physician assistants
  • Podiatry
  • Psychology
  • Shorthand court reporters

If you choose to register an LLC by mail, it takes 7-10 business days to start a South Carolina LLC. If you register online, it may take up to 1-2 business days.

South Carolina LLCs do not have annual report requirements with the South Carolina Secretary of State.

In order to form an LLC in South Carolina, you will be required to pay an Articles of Organization Processing Fee of $110.

According to the South Carolina Secretary of State, foreign entities that wish to transact business in the state must first obtain a certificate of authority. Remember that when filing a certificate of authority, you must include an original certificate of existence/good standing that is dated no more than 30 days prior to filing in South Carolina. A filing fee of $110 must also be included and made payable to the Secretary of State.

Helpful South Carolina Resources

See Our How To Startup Guides for South Carolina

Are you looking for another entity type? We offer several other guides to help you start your business in the state of South Carolina.

If you experience any difficulty in accessing our content, please contact us at 877.692.6772 or email us at accessibility@mycorporation.com.

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