Get an Operating Agreement for your new LLC

Form your South Carolina LLC for free!

 

IT'S QUICK AND EASY

FormLLCDirect provides entrepreneurs and business owners with direct access to the tools and information needed to form your South Carolina LLC for FREE!

STEP 1
CHECK NAME AVAILABILITY FOR YOUR SOUTH CAROLINA LLC

Generally, a limited liability company ("LLC") in South Carolina may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new South Carolina LLC is available. There is no fee for this service.

South Carolina LLC Check Name Availability

STEP 2
FORM YOUR SOUTH CAROLINA LLC

A South Carolina limited liability company is formed by filing a document called The Articles of Organization with the South Carolina Secretary of State.

The fee for filing the form is $110 payable to the Secretary of State.

File two copies of this form, the original and either a duplicate original or a conformed copy. If space on this form is not sufficient, please attach additional sheets containing a reference to the appropriate paragraph in this form.

Please submit the completed form and the fee to:

Secretary of State
P.O. Box 11350
Columbia, SC 29211

To complete The Articles of Organization you must include:

  1. The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
  2. The initial office of the LLC in the state.
  3. The name and address of the registered agent. You may not use a PO Box. A registered agent must be an individual residing in the state, a domestic corporation or a foreign corporation authorized to do business in the state. The registered office is typically the business office of the registered agent. It need not be the same office of the LLC’s business office. If you or one of the members of the LLC has an address in the state you may use that address for register agent purposes.
  4. The name and address of each Organizer. The Organizer is generally not required to be a member of the LLC.
  5. The LLC’s duration only if it will be limited.
  6. Whether the LLC will be managed by manager(s). A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
  7. The name and address of the manager(s).
  8. Whether one or more of the members will be liable for the debts and obligations of the LLC. Note: it is extremely uncommon for the members to be liable for the debts and obligations of the LLC. All statutes uniformly hold that members of an LLC are not liable for a debt, obligation, or liability of the LLC unless there are personal guarantees.
  9. The signature of the organizer(s): The organizer(s) must sign the Articles of Organization. The organizer is generally not required to be a member of the LLC.


 

STEP 3
GET A CUSTOMIZED SOUTH CAROLINA OPERATING AGREEMENT


It is extremely important that every South Carolina LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.

 

STEP 4
GET AN EIN FOR YOUR NEW LLC


An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.

Receive your entity's EIN for FREE in minutes

 



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