Each state has different requirements for forming a limited liability company (LLC). Whether you are just starting up or are already running your business, you'll want to understand the state requirements for LLC formation.
Naming your SC LLC
The LLC name must end with "Limited Liability Company," "Limited Company," "Ltd. Co.," "LC," "LLC" or "L.L.C." The name cannot contain language indicating a purpose other than that permitted by state law and the Articles of Organization. It must be distinguishable upon records of the Secretary of State from the name of a domestic or qualified foreign LLC or reserved or registered LLC name.
The following are South Carolina’s requirements for the members/managers of LLCs:
- Minimum number. LLCs must have one or more members/managers.
- Residence requirements. South Carolina does not have a provision specifying where members/managers must reside.
- Age requirements. South Carolina does not have age requirements.
- Inclusion in the Articles of Organization. Members are not required to be listed in the Articles of Organization, but managers are.
Requirements for the Articles of Organization
The document required to form an LLC in South Carolina is called the Articles of Organization. The information required in the formation document varies by state. South Carolina's requirements include:
- Designation of a Registered Office, as well as a Registered Agent
- Stating whether the LLC will be member-managed or manager-managed
- The names and addresses of the initial manager—if the LLC is manager-managed
- The term the LLC will exist if it is not perpetual
- A delayed effective date—if one is desired
- The names, addresses and signatures of the LLC’s organizers
You must appoint and continuously maintain a registered agent that has a street address in South Carolina. You must also provide the street address of your registered office—which is often the same at the registered agent’s address. Post office box addresses are not acceptable. Your agent must be available during normal business hours throughout the year to accept Service of Process and other important and tax documents for the business.
Professional services businesses
South Carolina law does not provide for a Professional registered agent, but it does allow professionals, such as accountants, attorneys, and physicians, to form a regular LLC, subject to special rules related to membership.