The South Carolina Articles of Organization are the LLC forms that must be completed and filed with the state in order to create an LLC.
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It is simple to file the South Carolina Articles of Organization!
We’ll walk you through the South Carolina LLC Articles of Organization filing process in three simple stages.
Get Forms for Your Articles of Organization
Complete the Articles of Organization.
Keep the Articles of Organization on file.
Step 1: Obtain your Articles of Organization.
You may either download and mail your South Carolina Articles of Organization or establish an account and submit online.
Step 2: Complete the Articles of Incorporation.
We will assist you with completing the South Carolina Articles of Organization form in this phase.
To complete the form, you will need the following information:
Name and address of the entity
Name of the Registered Agent and the Address of the Registered Office
Organizers
Type of Governing Authority
Liability for Member Debt
Duration and Effective Date of an LLC
Name and address of the entity
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
fits the naming criteria of South Carolina
is not already in use by another South Carolina firm.
The South Carolina Naming Guidelines should be followed:
Your business name must contain the words “limited liability company” or “limited company” or one of its acronyms (LLC, L.L.C., LC, L.C.). “Limited” may be shortened to “Ltd.” while “business” can be shortened to “Co.”
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
Certain prohibited terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licenced professional in certain jurisdictions.
Your name must be distinct from any other current company in the state. This covers reserved names in South Carolina.
Examine Name Availability:
Is your name accessible in the state of South Carolina? Do a name search on the South Carolina Secretary of State’s website to ensure that the name you choose isn’t already used.
Obtain a Domain Name:
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
Registered Office and Registered Agent
A registered agent receives and transmits legal paperwork on behalf of your LLC. When you form your South Carolina LLC, you must provide your registered agent and registered office address.
Your registered agent may be someone over the age of 18 who resides in South Carolina. During normal business hours, your registered agent must always be present at the registered office. A P.O. box cannot be used as your registered office address.
Organizers
Each organizer’s name and address must be included, and each organiser must sign the form.
Governing Bodies
You must pick whether your LLC will be member-managed or manager-managed. To decide the optimal structure for your LLC, read our article on Management by Members or Managers.
Liability for Member Debt
You must specify if any of the LLC’s members will be held accountable for any of the company’s debts or obligations.
Company Duration and Effective Date of Articles of Organization
Unless otherwise indicated, the company will be registered as perpetual, and the Articles of Organization will take effect on the day they are signed by the Secretary of State.
Step 3: Submit the Articles of Incorporation.
You must submit the Articles of Organization with the South Carolina Secretary of State to register your LLC.
You may submit your Articles of Organization in two ways:
Fill out the form online.
Send a hard copy through mail.
Steps to Take After Forming Your South Carolina LLC
After filing your Articles of Organization, you should do the following:
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
Make a Business Agreement
A South Carolina LLC operating agreement is a legal document that details your LLC’s ownership structure and member functions.
Although an Operating Agreement is not necessary in South Carolina to incorporate an LLC, it is a good idea to have one. You may begin working on your operating agreement before, during, or after filing your Articles of Organization.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
Obtain an EIN
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.
Establish a Business Bank Account
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
Purchase Licenses and Permits
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. There are a few commercial operations that need licences or permissions on the federal level.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Visit South Carolina’s Licenses, Permits, and Registration website to apply for or learn more about licences, permits, and registration.
Local: Inquire with your county clerk regarding local licences and permissions.