South Carolina LLC Form, Filing and Permit Requirements
If you want to form an LLC in South Carolina, there are certain forms, requirements and legalities you need to get in place. Below you will find a rundown of what you’ll need to do, together with details on each form required for your South Carolina LLC.
Some of these forms you only need to submit once, while others must be filed on a regular basis. You will need to set reminders in your calendar to file forms regularly if you're filing yourself. At Incfile, we provide an optional, paid renewal service that can take care of renewals for you when you instruct us to do so.
Articles of Organization
The Articles of Organization are the formal documents filed with the South Carolina Secretary of State to create your LLC. They state certain information about your business. Once the documents are filed with the Secretary of State, they legally create your business as an LLC in South Carolina. Here’s what’s typically included:
- Your business name and address
- Details of your registered agent
- Names of any managers or members of the LLC at the time of filing
Here at Incfile, we automatically create and file your Articles of Organization on your behalf when you start your business with us. You only need to file your certificate once. There is a fee levied by the Secretary of State of South Carolina to cover your filing.
Unlike many other states, South Carolina does not have a special status for “Professional LLCs.” These are companies providing defined, professional services, and they typically need to be specially licensed. In South Carolina, professions such as doctors, dentists, architects, attorneys and others can form LLCs, but they are just treated as regular LLCs.
Business Licenses for Your South Carolina LLC
Depending on the type of South Carolina business you’re running, you will need to obtain various business licenses and permits. These are not required to form your LLC, but it’s important to know which permits and licenses are required for your business to operate in compliance in your jurisdiction.
Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional LLC.
A Business Permit or License From Your City
Various cities in South Carolina have slightly different rules and fees for permits and licenses. Check with your local South Carolina city administration to see what their rules are. You will need a separate permit or license for each city your South Carolina LLC operates in. You can find details of local business licenses from your Secretary of State.
Additional Business Permits and Licenses
Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state. You can get an idea of the types of permits and licenses you might need from the State of South Carolina website.
The federal government may also require you to get certain licenses or permits, and the SBA has a comprehensive list of South Carolina license permits. The frequency of how often you need to file permits varies depending on the permit type.
Federal Licenses and Permits
Depending on the type of South Carolina business you are running, you may need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the U.S. Small Business Administration website.
Incfile Business License Research Package
You may need to pay licensing and permit fees on a regular basis, depending on the type of business you are operating and where you are located. These vary from city to city and industry to industry, so if you don’t want to do the legwork yourself, we provide a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new LLC. It includes:
- A comprehensive package of all the licenses, permits and tax registrations required for your business
- The application forms to file with the appropriate licensing authorities
- Your customized Business License Research Package will be emailed to you within two days of your company being filed by the state
Remember that operating your business without the required licenses can expose you to risks and fines from state and local governments.
South Carolina Tax Registration
You will need to file for various types of tax registration including sales and use tax, re-employment tax and other types of tax. You can find full details on the South Carolina Department of Revenue website and in the next section.
Operating Agreement for Your South Carolina LLC
Setting up an LLC is easy, but actively managing one can be more complex. An Operating Agreement defines how your business works and ensures all the founders, owners, members or managers have a common understanding. An Operating Agreement normally covers:
- Legal standing: Declares the legal standing of your LLC being formed in South Carolina, including dates, formation details and other important legal information.
- LLC ownership: States how ownership of the business is split between members. This influences how the business is run, voting rights and several other areas.
- Ownership percentages: Defines the amount each member has invested and the percentage of ownership of each South Carolina LLC member.
- LLC management type: States whether your LLC will be managed by managers (people the owners appoint) or its members (owners).
- Management relationships: Declares the relationship between the members and the managers of your South Carolina LLC, including the roles, rights and responsibilities of each.
- Voting powers and decision authority: States how high-level decisions will be presented, discussed and acted on, including the voting rights of each LLC member.
- LLC rules: Defines the rules, procedures and policies to follow for adding, removing, amending and making other changes to members and managers. This includes moving ownership between members.
- Profit and loss allocation: How profits or losses will be split and allocated among South Carolina LLC members.
You are not required by South Carolina state or federal law to have an Operating Agreement for your LLC, but we recommend one for several reasons. An Operating Agreement:
- Strengthens your legal standing as an LLC and adds credibility for your organization
- Clearly states how your business will operate, so there’s no confusion or ambiguity
- Reduces misunderstandings and disagreements between LLC members, which is important for a harmonious business
- Allows you to create your own rules for your LLC, rather than being subject to the default South Carolina state rules for an LLC
- Reduces the need for every member of an LLC to approve and sign off on every decision
Your Operating Agreement only needs to be created once, but it will need to be updated if significant changes are necessary.
Annual Report for your South Carolina LLC
Unlike many other states, South Carolina does not require you to file an annual report. If the LLC has elected to be taxed as an S Corp, it will need to file form SC 1120S with the Department of Revenue.
Certificate of Good Standing for Your South Carolina LLC
You may need a “Certificate of Good Standing” for certain business-related services like opening a bank account. You can order one from us, and we will also send you courtesy emails when your compliance due date nears.
Ready to Start Your South Carolina LLC?
Incfile provides a cost-effective service to help you create your South Carolina LLC. We guide you through the process and handle most of the administrative steps, such as filing Articles of Organization on your behalf. Our basic package also provides a free Registered Agent service for the first year. If you're looking for help starting an LLC, our comprehensive services provide outstanding value.