Filing Fees
- Domestic: $110
- Foreign: $110[1]
How to Form an LLC
1. Find a Business Name
- Business Search: businessfilings.sc.gov/BusinessFiling
Use the South Carolina Business Name Search to check whether your desired business name is already in use. If no results show up, it is likely that the business name is available.
Under South Carolina statute, the name of a limited liability company must contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.,” or “LC.”[2]
2. Select a Registered Agent
Every domestic and foreign limited liability company must appoint and maintain a resident agent for service of process. The agent may be a South Carolina resident, a domestic corporation, another limited liability company, or a foreign corporation or foreign company authorized to do business in this state.[3]
3. Register the LLC
There are two ways to apply for the registration of your LLC: online or by mail.
Option 1: File Online
Go to sos.sc.gov/businessfiling to access the state’s online form for domestic LLCs.
Select the option for “New Business.” On the next page, type in your desired LLC name.
Create a new account in order to access the state’s online registration system. Enter your email address and select a password. Verify your email, then log into your new account.
Indicate whether your LLC is a domestic or foreign entity. Then select “Limited Liability Company” as your business type.
Enter your name, email address, phone number, and address.
Provide the name and address of your designated agent. Then, enter your designated office address.
Read through the instructions and check the box if it applies to your LLC.
Enter the name and address of the organizer of the LLC. Add as many as needed.
Indicate whether the person filing this form is an organizer or just the filer. Type in your name in the provided field to electronically sign the document. You will then be prompted to provide a payment method to pay the filing fee of $110.
Option 2: File By Mail
Complete the appropriate form and send two copies of the completed document along with a self-addressed stamped envelope and an enclosed payment.
Articles of Organization (Domestic LLC) – For in-state entities.
Filing fee: $110 check made payable to “South Carolina Secretary of State”
Mailing address: Attn: Corporate Filings
1205 Pendleton Street, Suite 525
Columbia, SC 29201
Application for Registration (Foreign LLC) – For out-of-state entities.
Filing fee: $110 check made payable to “South Carolina Secretary of State”
Mailing address: Attn: Corporate Filings
1205 Pendleton Street, Suite 525
Columbia, SC 29201
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
Every business is required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating.
5. Write an Operating Agreement
South Carolina does not require LLCs to adopt an operating agreement. However, it can be useful to adopt one for internal purposes.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
Below are the most common types of LLC tax classification:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” which means all profits are taxed as income for the members/owners.
- S-Corporation – All business profits and losses are sent to the shareholders, who must pay income tax. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – All business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.