South Carolina forms an LLC with Articles of Organization, on Form F0006, and the filing office is the Secretary of State. The form is short, but it asks you to name two things many people forget: an in-state office and an agent for service of process.
This page describes the filing and is not advice. The office itself is covered in the South Carolina office guide. For the general picture, read our articles of organization guide.
Where do you file South Carolina articles of organization?
The state runs a system called Business Entities Online. You can file there, and you can also download the PDF forms from it.
| LLC form | Articles of Organization, Limited Liability Company, Domestic (businessfilings.sc.gov, checked ) |
|---|---|
| Corporation form | Articles of Incorporation, filed with Department of Revenue form CL-1 (sos.sc.gov, checked ) |
| Form page | businessfilings.sc.gov/BusinessFiling/Home/DownloadForms (sos.sc.gov, checked ) |
| State filing fee for a corporation | $110 (scstatehouse.gov, checked ) |
| Filing online | Online through Business Entities Online, with PDF forms also available there (sos.sc.gov, checked ) |
| Worth knowing | An LLC must name an initial designated office and an initial agent for service of process in South Carolina (businessfilings.sc.gov, checked ) |
| Where to file online | businessfilings.sc.gov/businessfiling (businessfilings.sc.gov, checked ) |
The state's paper form tells you to return documents to the Secretary of State, Attn: Corporate Filings, at 1205 Pendleton Street, Suite 525, in Columbia. The checklist on the form asks for the completed copies, a check made payable to the South Carolina Secretary of State, and a self-addressed stamped return envelope.
Check the current LLC filing fee on the form or in the online system before you pay.
What does the form ask for?
Form F0006 has ten items. In plain terms:
- The name of the LLC, with an ending.
- The address of the initial designated office in South Carolina.
- The initial agent for service of process, with a South Carolina street address and the agent's signature.
- The name and address of each organizer.
- A box for a term company, which is one with a stated term.
- A box if management is vested in a manager or managers, with their names and addresses.
- A box if members are to be liable for debts under the statute, which is optional.
- A delayed effective date and time, if you want one.
- Any other provisions, on a separate attachment.
- The signature of every organizer.
Unless you give a delayed date, the articles take effect when the Secretary of State endorses them for filing.
Naming rules
The name has to carry a company ending. The form lists limited liability company, limited company, L.L.C., LLC, L.C., LC and Ltd. Co. The office will not accept a name identical to one in its database. And filing the articles does not give you the exclusive right to use the name. For that, ask about a trademark with the Secretary of State's Trademarks Division.
You do not need to reserve a name first.
What about corporations?
A business corporation files Articles of Incorporation instead, together with the Department of Revenue form CL-1. State law lists a filing fee of $10.00 for the articles. Before filing, the state also collects a tax of one hundred dollars plus the minimum license fee. Our articles of incorporation guide covers the difference between the two entity types.
After you file
The Secretary of State is a ministerial filing office. It does not give legal advice. An LLC that is administratively dissolved must apply for reinstatement within two years. If the cause is an unfiled tax return, the Department of Revenue has to clear it first.
Sole proprietors and general partnerships do not file with the Secretary of State. Check your county or city for a business license, and the Department of Revenue for tax registration. See the LLC fees by state guide for how South Carolina compares.
If you want help with the filing, you can ask our private filing service. State fees are separate, and you can file with the state yourself.
Sources
- www.scstatehouse.gov/code/t33c001.php: corporation filing fee. Checked .
- businessfilings.sc.gov/businessfiling: online filing. Checked .
- businessfilings.sc.gov/BusinessFiling/Entity/DownloadForm?formName=F0006&entityType=2&filingType=Articles+of+Organization: llc form, worth knowing. Checked .
- sos.sc.gov/faqs-about-business-entities: corporation form. Checked .
- sos.sc.gov/online-filings/business-entities: form page, filing online. Checked .