• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Business Documents LLC Operating Agreement South Carolina LLC Operating Agreement

South Carolina LLC Operating Agreement

Use our South Carolina LLC operating agreement template to help you form an LLC in South Carolina.

Published April 18, 2022

With so many tools available, it’s easier than ever to start a business in South Carolina. But first, you’ll have to decide on what kind of legal structure you want for your business and file the necessary paperwork.

Many small businesses choose to establish a limited liability company (LLC) because they offer flexibility and protection for personal assets. But it’s important to understand the process of setting up an LLC, so you can decide whether this type of structure makes sense for your business. Here is a look at how to start an LLC in South Carolina.

Table of Contents
  • Is an LLC Operating Agreement Required in South Carolina
  • South Carolina Operating Agreement Laws
  • How Much Does it Cost to Form an LLC?
  • How to Form an LLC in South Carolina?
  • South Carolina LLC Operating Agreement Template

Is an LLC Operating Agreement Required in South Carolina

No, an operating agreement is not required in South Carolina, but it is often recommended. A South Carolina operating agreement is a legal document that establishes the ownership structure and procedures of the business. There are two types of LLCs recognized by the Secretary of State of South Carolina, a single-member LLC and a multi-member LLC. Operating agreements are more useful for multi-member LLCs than single-member, but they can benefit any company,

An operating agreement will contain the following information:

  • Organization: Who are the members and how is membership divided?
  • Management: Who will manage the company and how will business matters be decided?
  • Capital contribution: How much money has each member invested in the company
  • Distribution: How will profit and loss be distributed to members
  • Membership changes: What is the procedure when members leave or get bought out

While an operating agreement is not required by law, it can be helpful to establish the ground rules of the business from the very beginning.

South Carolina Operating Agreement Laws

The laws that govern how to create an LLC in South Carolina can be found in Section 33-44-101 of the South Carolina Code of Laws. Let’s take a closer look at some of the laws that are unique to South Carolina.

Name of the Company

South Carolina law dictates that the name of the company must contain one of the following phrases or abbreviations:

  • Limited Company
  • Limited Liability Company
  • LC
  • LLC
  • L.C.
  • L.L.C.

The word limited may also be abbreviated as Ltd. and Company may be abbreviated as Co. But it must be clear from the name that the business is structured as an LLC.

Registered Agent

Every new LLC is required to have a registered agent. This is a person who agrees to accept documents on behalf of the business, including legal and tax paperwork. The South Carolina Secretary of State requires that the registered agent be one of the following.

  • A South Carolina resident
  • A business entity authorized to operate in South Carolina

The registered agent must also maintain a physical address in the state of South Carolina to qualify. Keep reading to find out how to register an LLC in South Carolina once you have a name and registered agent.

Annual Report

Members or managers of a business are required to file an annual report with the Secretary of State of South Carolina. This lets the local government know whether or not you are still in business and keeps the entity active with the state. Failure to record an annual report can result in fines and the potential dissolution of the business entity.

How Much Does it Cost to Form an LLC?

The Secretary of State of South Carolina charges $110 to file articles of organization, the documents needed to set up a limited liability company. This cost is the same whether you’re setting up a single-member or multi-member LLC and it can be paid by check or credit card. If you’re not quite ready to file the paperwork yet but want to reserve a name, you can do so by paying an additional $25 fee.

How to Form an LLC in South Carolina?

If you’re still unsure of exactly how to apply for an LLC in South Carolina, here is a step-by-step look at how you can complete the process.

Step 1 – Decide on a Name

The first step in how to get an LLC in South Carolina is to choose a name. Remember that it has to be unique and contain some reference to it being an LLC. You can check for available names in the South Carolina business name database.

Step 2 – Select a Registered Agent

Next, you should choose a registered agent. Keep in mind that it must be an individual or business entity with a physical address in the state of South Carolina.

Step 3 – File the Articles of Organization

After that, you’ll need to file the articles of organization with the Secretary of State and pay the $110 filing fee.

Step 4 – Create an Operating Agreement

This step is optional, but this is the point at which you would draft the operating agreement if you choose to have one.

Step 5 – Get an EIN Number

Once your business is established with the state, you can request an EIN number from the IRS. This is needed to complete important financial matters like filing a tax return and setting up a business bank account.

Step 6 – Fulfill Any Legal Obligations

Finally, you’ll need to fulfill any additional legal obligations required of your business. That includes applying for any business licenses and making sure to file the annual report each year.

South Carolina LLC Operating Agreement Template

So, if you’re ready to establish a new business, here is a helpful South Carolina operating agreement template you can use to organize your company.

LLC Operating Agreeement

LLC Operating Agreement Template

Download PDF
Download MS Word
LLC Operating Agreement Template Preview PDF

South Carolina LLC Operating Agreement

Start building your South Carolina LLC operating agreement today!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
Legal Templates BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review