Articles of Organization in South Carolina | How to File in 2024

File Articles of Organization in South Carolina

Forming a Limited Liability Company (LLC) in South Carolina is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the South Carolina Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in South Carolina.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

What is Articles of Organization?

Articles of Organization is a legal document filed with the South Carolina Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by South Carolina, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom ($0 + State Fee)

How to File Articles of Organization in South Carolina?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your South Carolina LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, South Carolina Secretary of State Business Filings Search, usually available on the South Carolina Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your South Carolina LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Registered Agent, appoint a friend or family member, or hire a professional South Carolina Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your South Carolina LLC. While the specific requirements in South Carolina, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In South Carolina, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the South Carolina guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the South Carolina Secretary of State. The submission process may vary depending on the method of choice; South Carolina allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the South Carolina Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the South Carolina Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the South Carolina Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the South Carolina LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to South Carolina Secretary of State’s Office, Attn: Corporate Fillings, 1205 Pendleton Street, Suite 525, Columbia, SC 29201.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In South Carolina, the Articles of Organization fee costs around $110 which you can pay in the South Carolina Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out South Carolina LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in South Carolina can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in South Carolina is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In South Carolina, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in South Carolina Department of Revenue.

In terms of franchise tax for your LLC in South Carolina, there is No franchise tax. Consult your South Carolina Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in South Carolina, paying required fees every 1 year, and keeping accurate records of your LLC’s activities. Stay informed about South Carolina specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in South Carolina?

Yes, the Articles of Organization is necessary to be filed with South Carolina Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by South Carolina.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the South Carolina Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC in South Carolina?
An LLC, or Limited Liability Company, is a legal entity that provides liability protection for the owners, also known as members, like a corporation, but with more flexibility in management and taxation.
How do I file Articles of Organization for an LLC in South Carolina?
You can file online with the SC Secretary of State website or mail in the paper format.
What information do I need to provide when filing Articles of Organization for an LLC in South Carolina?
You’ll need to provide your LLC’s name and registered agent, the names and addresses of its organizers, and a copy of its operating agreement.
What is the filing fee for Articles of Organization in South Carolina?
The filing fee is $110 for a basic LLC and $125 for expedited processing.
How long does it take to process Articles of Organization in South Carolina?
typically it takes 3-5 business days for normal processing. Expediting the process takes about one business day.
Are there any special naming requirements for an LLC in South Carolina?
Your LLC name must contain “LLC” or “Limited Liability Company,” and you must avoid names that are deceptively similar to existing businesses in South Carolina.
Can I reserve a LLC name in South Carolina?
Yes, you can reserve a LLC name for 120 days by filing a Name Reservation form and paying the $25 fee.
How many organizers are required to form an LLC in South Carolina?
Minimum one organizer is required for filing LLC’s Articles of Organization in South Carolina.
Can I serve as my own registered agent in South Carolina?
Yes, you can serve as your own registered agent if you are a resident of South Carolina and have a physical address in the state, you can act as the registered agent for your LLC. Otherwise, you must appoint a professional registered agent.
Is an operating agreement mandatory in South Carolina?
No, but having an operating agreement is always recommended.
Can I file an LLC Articles of Organization through the SC Secretary of State?
Yes, you can file online or mail it in physical form to the SC Secretary of State. You should choose either paper or on-line filing.
Which South Carolina office handles LLC registration?
The Secretary of State’s Office handles LLC registrations in South Carolina.
Can I change the name of my LLC in South Carolina after formation?
yes, you can change the name of your LLC in South Carolina by filing an Application for Name Reservation & Registration, in much the same way as we filed your initial Articles of Organization.
Is South Carolina sales tax applicable for my LLC?
South Carolina requires LLC’s to collect sales tax, but there may be exceptions depending on your business’s nature.
Is an annual report due every year after I file Articles of Organization on my LLC in South Carolina?
Yes, South Carolina’s LLC requires your Annual report filing before April 1 annually.
What payment options are available for the filing fee of Articles of Organizations in South Carolina?
Payments are accepted through credit or debit cards or checks and money orders.
Can LLC owners be protected from liability in South Carolina?
Yes, LLC owners are protected from liability for the company’s debts, obligations, or pursuance of unlawful acts,rules in South Carolina.
Is there a publication requirement in South Carolina after filing my LLC Articles of Organization?
No, there is no publication requirement for LLCs in South Carolina.
What is a Certificate of Good Standing in South Carolina?
A Certificate of Good Standing is a legal document often required by lenders, title companies, and others, verifying that an LLC in South Carolina is authorized to do business and is in compliance with the state’s requirements.
Does South Carolina require ongoing LLC filing in addition to the Articles of Organization filing?
Yes, the state of South Carolina requires annual report filing alongside some other filings.
After filing Articles of Organizations, can my LLC start infringing upon an existing trademark in South Carolina?
After registering Articles of Organizations, you booth with the Secretary of State of South Carolina, you must ensure that your LLC’s name doesn’t infringe upon any existing trademark rights in South Carolina.
Can I add members after forming my LLC in South Carolina?
Yes, you can easily add members to your LLC in South Carolina after forming it through an amending process.
Can multiple people own a single-member LLC in South Carolina?
A single-member LLC in South Carolina can have only one individuals or corporation, does not allow including partners or other owners.
Does my LLC opening business in other state location require to file foreign entity registration in South Carolina?
Unless going to business locations in another state, no foreign entity registration required for in South Carolina LLC.
Can online filing have immediate effect after filing Articles of Organizations in South Carolina?
Additional fees will apply if someone wants long-term processing done. The government notifications in this method are still given within 36 hours.
Is there any need to file a tax status filing for my South Carolina LLC?
File form 8832 notify the IRS whether LLC presence can label it
Can I regain a dissolved LLC status in South Carolina?
South Carolina allows LLCs to apply to the Secretary of State for restructuring an automatically dis-continued LLC.
How many annual report filings required for every entity affiliated with my South Carolina LLC?
A business must own multiple organizations incorporated and authorized by SC Secretary of State differently file incremental annual.
Is publication mandatory for filing Articles of Organizations in offline methods for south Caroline?
Business was also previously going to need to be printed in the SC Law Gazzette,on a registration in South Carolina ever before, this used way to audit LLC name eligibility .
How do I file LLC articles of organization in South Carolina?
You can file LLC articles of organization by submitting the appropriate forms and paying the filing fee to the South Carolina Secretary of State’s office.
What is the filing fee for an LLC in South Carolina?
As of 2021, the filing fee for LLC articles of organization in South Carolina is $110.
Can I file LLC articles of organization online in South Carolina?
Yes, you can file LLC articles of organization online in South Carolina through the Secretary of State’s office.
How long does it take to file LLC articles of organization in South Carolina?
It typically takes about 3-5 business days for LLC articles of organization to be processed by the South Carolina Secretary of State’s office.
Do I need to have a registered agent for my LLC in South Carolina?
Yes, in South Carolina you are required to have a registered agent who is available during business hours to receive important legal and tax documents on behalf of your LLC.
Can I serve as my own registered agent for my LLC in South Carolina?
Yes, you can serve as your LLC’s registered agent in South Carolina, but you must have a physical address in the state where you can receive important legal and tax documents.
Can I change my LLC’s registered agent in South Carolina?
Yes, you can change your LLC’s registered agent in South Carolina by filing a statement of change with the Secretary of State’s office.
Do I need to file an operating agreement when I file LLC articles of organization in South Carolina?
No, you are not required to file an operating agreement with your LLC articles of organization in South Carolina, but it is a good idea to have one for your own records.
Can I file LLC articles of organization if I am not a resident of South Carolina?
Yes, you can still file LLC articles of organization in South Carolina even if you are not a resident of the state.
Can I use a PO Box as my LLC’s address in South Carolina?
No, you need to provide a physical street address in South Carolina to use as your LLC’s address.
Do I need to have a business license to form an LLC in South Carolina?
It depends on the type of business you are operating. Some types of businesses may require a license from a state agency or local municipality.
Can I form an LLC for any type of business in South Carolina?
Yes, you can form an LLC in South Carolina for any type of business as long as it is a legal enterprise.
How many members does an LLC in South Carolina need to have?
An LLC in South Carolina can have one or more members.
Can an LLC in South Carolina be taxed as an S corporation?
Yes, an LLC in South Carolina can choose to be taxed as an S corporation by filing Form 2553 with the IRS.
How long does an LLC in South Carolina last?
An LLC in South Carolina is typically considered to have a perpetual existence, meaning it does not have a set termination date.
When do I need to file an annual report for my LLC in South Carolina?
You need to file an annual report for your LLC in South Carolina with the Secretary of State’s office by the anniversary month of your LLC’s formation.
What is the fee to file an annual report for my LLC in South Carolina?
As of 2021, the fee to file an annual report for an LLC in South Carolina is $10.
Can I dissolve my LLC in South Carolina?
Yes, you can dissolve your LLC in South Carolina by filing articles of dissolution with the Secretary of State’s office.
How much does it cost to dissolve an LLC in South Carolina?
As of 2021, the fee to file articles of dissolution for an LLC in South Carolina is $10.
What happens to an LLC in South Carolina if a member leaves or dies?
Unless the LLC’s operating agreement provides otherwise, the LLC will typically continue to exist with the remaining members.
Do I need to file a foreign LLC registration in South Carolina to do business there?
Yes, if your LLC was formed in another state and intends to do business in South Carolina, you need to file a foreign LLC registration with the Secretary of State’s office.
What is the fee to file a foreign LLC registration in South Carolina?
As of 2021, the fee to file a foreign LLC registration in South Carolina is $110.
Do I need to get a South Carolina tax ID for my LLC?
If your LLC has employees or makes sales in South Carolina, you need to obtain a South Carolina tax ID number from the Department of Revenue.
How do I get a South Carolina tax ID for my LLC?
You can apply for a South Carolina tax ID number online through the Department of Revenue’s website.
Does South Carolina have income tax for LLCs?
No, South Carolina does not have a separate income tax for LLCs. Instead, LLC members pay taxes on their share of profits on their personal tax returns.
Can I convert my LLC into a corporation in South Carolina?
Yes, you can convert your LLC into a corporation in South Carolina by filing the appropriate documents with the Secretary of State’s office.

Also Read

Can You Change or Modify Your South Carolina LLC Articles of Organization?

The Articles of Organization serve as the foundation of an LLC, outlining crucial information such as the name of the business, registered agent, principal office address, and the purpose of the company. They are filed with the South Carolina Secretary of State when the LLC is formed and serve as a public record of the company’s existence. Any changes or modifications to this document need to be formally filed with the state to ensure legal compliance.

One common reason LLC owners may need to make changes to their Articles of Organization is a change in business structure. For example, if the LLC is no longer taking on new members, or if the ownership structure needs to be updated due to new investments or changes in management, the Articles of Organization will need to reflect these adjustments. Additionally, changes in the company’s name, principal office address, or purpose may also require amendments to the original filing.

The process of changing or modifying your LLC’s Articles of Organization typically involves three main steps. First, the owners must draft the proposed changes in writing, ensuring that all necessary information is included and clearly outlined. This amendment document should be reviewed by all members of the LLC to ensure there are no discrepancies or oversights.

Second, the amendment document needs to be signed and dated by all members of the LLC, as well as any other parties required by the operating agreement or state law. This serves as evidence that all parties are in agreement with the proposed changes and are willing to move forward with the modification process.

Finally, the signed and dated amendment document must be filed with the South Carolina Secretary of State. The state typically requires a filing fee to process these changes, and the amendments will become effective once they are accepted by the state and added to the LLC’s official record.

It’s essential for LLC owners to be proactive in keeping their company’s documentation up to date. Failure to update the Articles of Organization can lead to confusion, legal disputes, and potential liability issues down the road. By staying on top of any necessary changes and following the proper procedures for modifying the LLC’s founding document, owners can ensure that their business remains compliant and legally sound.

In conclusion, understanding the process of changing or modifying your South Carolina LLC’s Articles of Organization is essential for maintaining a smooth and legally compliant business operation. Taking the time to review and update this foundational document as needed can help prevent legal issues and ensure that your company’s structure accurately reflects its current state.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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