South Carolina LLC Operating Agreement Templates

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A South Carolina LLC operating agreement is a legal document that is designed to guide the users of any size business in properly creating an agreement that would provide needed protections for any company. This agreement is not required in this State in order to conduct business within the State. However, without the implementation of the document, if legal issues should arise, whether by an individual, company or creditor, should the court find in favor of a plaintiff, the member(s)/owner shall be personally liable for restitution and could be ordered to liquidate personal assets and/or financial accounts. By completing the document, the owner/member(s) assets shall remain protected, although the business will remain liable.

The members/owner should review the document prior to completion and filing. If the members feel they need clarification of the language contained within the document, they may wish to consult with an attorney for further assistance.

Uniform Limited Liability Company Act of 1996Title 33, Chapter 44

Operating Agreement Laws§ 33-44-103

State Definition§ 33-44-101(13)

Table of Contents

By Type (2)


Multi-Member LLC Operating Agreement – For use by companies that will have more than one (1) managing member to agree upon various company policies and procedures among other aspects of the business. The members will have the opportunity to access protections that the document will offer all members.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 


Single-Member LLC Operating Agreement – For use by a sole proprietor who will establish the procedures and policies of their company, as well, take advantage of the protections the document offers.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 


How to Form an LLC in South Carolina (5 steps)

A preliminary step to the LLC filing process is choosing of a unique business name which is distinguishable from that of any other on the State’s files (any similar or duplicate names will be declined by the Secretary of State). To ensure that your chosen business name is available, conduct a Search for the Name in the State’s database.

Step 1 – Choose Registered Agent

South Carolina State law demands that each LLC continuously maintains a Registered Agent for the purpose of receiving legal demands on behalf of the company.

The Registered Agent may be one of the following:

  • Individual residing in South Carolina
  • Authorized Domestic or Foreign corporation in South Carolina
  • Authorized Domestic or Foreign LLC in South Carolina

Step 2 – Which LLC Type

Select your LLC type and complete the application that follows:

  • Domestic – An LLC formed within the State
  • Foreign – An LLC initially formed in an outside jurisdiction

Important Information

  1. Online applicants will be required to create an Online Account
  2. Adobe PDF applications must be printed in duplicate
  3. Foreign filers must include a Certificate of Existence issued within thirty (30) days of filing

Step 3 – Filing Fee

A $110 filing fee must be supplied to the State in order for them to process your application. If filing by mail (Adobe PDF), have a check made out to the ‘South Carolina Secretary of State’ and send all articles to the address below. An online application may be paid for by credit card.

South Carolina Secretary of State’s Office, Attn: Corporate Filings, 1205 Pendleton Street, Suite 525, Columbia, SC 29201

Step 4 – Operating Agreement (not required)

An operating agreement may be used by LLC owners to establish a set of rules and regulations which will govern the operating structure of the company. The form also provides proof that the LLC and its assets are separate from those of the member(s), documentation that is useful in the event of litigation.

Step 5 – Employer Identification Number (EIN)

The Internal Revenue Service uses the Employer Identification Number (EIN) to keep track of a company’s financial activity. It will be necessary to apply for an EIN if your LLC plans to hire employees or request company credit cards. Should you be interested in applying, complete the Online Application or file IRS Form SS-4 through the mail.

(Video) How to Make an LLC Operating Agreement in South Carolina