Your South Carolina Registered Agent provides various services, including the acceptance of legal documents and continued correspondence with the South Carolina Secretary of State.
Your LLC must have a Registered Agent at all times. You’ll appoint one when you first formally register and form your business. You can also replace your existing South Carolina Registered Agent at a later date, provided there you transition smoothly between the old and new agents.
What a South Carolina Registered Agent Does
A Registered Agent’s main function in South Carolina is to accept official documentation and communications.
- Correspondence from the South Carolina Secretary of State (SOS)
- Service of process notices (e.g., if your LLC is sued or required to appear in court)
- Official state and federal government correspondence and notices
- Tax forms and requests to complete permits, company filings and reports
Having a Registered Agent also provides proof to the state that your business exists.
Incfile Provides Free South Carolina Registered Agent Service for the First Year
Incfile provides complete South Carolina Registered Agent service for any LLC that’s formed in the state. Even better, if you’ve formed your business through Incfile, your Registered Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in South Carolina and can legally act as your Registered Agent. Here’s what our Registered Agent service provides:
Appointing a Registered Agent Service for Your LLC
When you first register and form your LLC, you must appoint a Registered Agent. You can change it at any point after that. Here’s how to go about it.
Assign a Registered Agent When You Form Your LLC
Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:
When you formally create your business, you’re required to include details of your Registered Agent in your Articles of Organization.
Establish your business through us, and you’ll get a free year of our Registered Agent service. We’ll also complete and file your Articles of Organization for you with the information that you provide.
Assign a Different Registered Agent After Formation
After you’ve formed your LLC, you can still assign someone else to be your South Carolina Registered Agent. There are a couple of ways to achieve this.
Once you’ve chosen a new Registered Agent, file a Notice of Change of Registered Agent with the South Carolina SOS. The SC Secretary of State provides this service for a fee of $10.
When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and file it with the South Carolina Secretary of State. We’ll let you know when we officially become your Registered Agent.
South Carolina Registered Agent Search
In certain situations, it may be useful to know the name of the Registered Agent that represents another LLC in South Carolina. You can use the agent search provided by the South Carolina SOS to discover this information.
If you can’t find the Registered Agent information there, you can request it from the Secretary of State.
What Happens If You Don’t Have a Registered Agent?
If you don’t assign or provide details of a Registered Agent to the South Carolina Secretary of State, there are several possible ramifications, including:
- Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
- Falling out of good standing with the South Carolina SOS. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
- Losing your status as an LLC in South Carolina. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
Acting as Your Own Registered Agent
You can choose to be the Registered Agent for your LLC if you have a physical address in South Carolina, although there may be some drawbacks to this approach:
- The Registered Agent’s name and address are part of the public record and available through the South Carolina Secretary of State website. You should use a Registered Agent service if you prefer that these details remain private.
- Someone must always be available during business hours at the South Carolina address to receive and sign for important documents and correspondence.
- The Registered Agent must have a physical street address in South Carolina. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
- If you change your business address or move out of state, you need to file additional documentation with the SC Secretary of State for the new address. This isn’t necessary if you use a Registered Agent service, making a move or address change much more smooth.