On this page, you’ll learn about the following:
South Carolina Registered Agent Requirements
There are certain requirements to fill the role of a South Carolina registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in South Carolina, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource to a South Carolina registered agent service. You can elect your registered agent online through the South Carolina Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in South Carolina.
Can I be My Own Registered Agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are the best LLC services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider When Choosing a Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.
South Carolina Business Laws for Registered Agents to Note
An LLC’s core member is the registered agent or statutory agent. When incorporating an LLC, it is critical that business owners use the right agent; otherwise, the secretary of state may fine them. Of course, while choosing an agent, they must adhere to state requirements.
South Carolina registered agents’ responsibility is to be there when the government sends legal and tax documents, as well as when lawsuits are filed. Only a state resident would be aware of the rules and be able to provide services within the state. The following are some of South Carolina’s business laws:
South Carolina Antitrust Laws
Antitrust laws make it illegal for firms to artificially inflate or set prices. This is designed to safegu0ard consumers against the negative impacts of monopolies and a lack of economic competition. Antitrust laws exist in South Carolina to protect residents from individuals or businesses who conspire with others to limit competition or artificially create monopolies in order to enrich themselves.
South Carolina Civil Statute of Limitations Laws
A legal regulation called the “statute of limitations” determines when a case can be launched. If a person tries to sue after the statute of limitations has expired, the claim is barred and the defendant is automatically declared the winner. For each sort of civil litigation, from contract disputes to personal injury, each state, including South Carolina, does have its own statute of limitations. A separate time limit may apply to each type of claim.
South Carolina Deceptive Trade Practices Laws
Buyers seek the best deal, while sellers want to maximize profit. And as long as both parties are truthful, this works out very nicely. However, vendors will occasionally make misleading promises about their goods or use deceptive tactics to lure sales, such as misrepresenting a discount or concealing faults on a used product.
These unethical business activities are technically known as deceptive trade practices, and thankfully for customers in the South Carolina State, there are laws in place to protect them against misleading advertising and other dodgy sales tactics. South Carolina has yet to enact the Uniform Deceptive Trade Practices Act as a state. Instead, the South Carolina Unfair Trade Practices Act regulates this type of consumer misrepresentation.
South Carolina Interest Rates Laws
Consumer protection laws in South Carolina regulate interest rates on credit cards, judgments, and lending. Almost every state has its own interest rate laws, which limit how much interest creditors can increase their prices. In South Carolina, the legal ceiling for credit debt is now 8.75 percent.
How to Remove a Registered Agent for LLC in South Carolina
A registered agent for LLC in South Carolina can be removed by filing a Notice of Change of Registered Office or Registered Agent or Both with the South Carolina Secretary of State with a filing fee of $10.
When you set up an LLC, you should include a mailing address in your Articles of Organization. This will allow the Secretary of State to send important documents to your LLC. South Carolina requires that your LLC has a registered agent, who will accept communication on your behalf. Once you’ve chosen an agent, you can then choose to remove your agent or remove yourself from the company’s mailing list.
The first thing you’ll want to do is gather your business address lists and information. You’ll also need to gather the information on your registered agent(s). Once you’ve gathered this information, you’ll need to file a Notice of Change of Registered Office and Agent with the South Carolina Secretary of State. You can fill out the necessary forms online or through the mail. Be sure to keep the address list updated so that it doesn’t change in the future.
There are different rules and requirements for removing the registered agent in South Carolina. Changing the registered agent requires filing certain documents, paying a $10 fee, and having the new registered agent sign a form approving their appointment. You can find these requirements on the specific forms provided by the Secretary of State or in their FAQs. However, you must be aware of the penalties for not responding on time.
When you want to change the registered agent for your LLC, you must fill out a change request form with the Secretary of State. To file your request online, you just click the “submit” button. If you’re filing by mail, you must include a $10 fee with your form. Once your documents are processed, the state will notify you that your change of registered agent has been final.
If you don’t want to receive mail from an unfamiliar address, you can also remove your LLC’s registered agent. The secretary of state may fine you for using the wrong agent. It’s very easy to remove a registered agent, but there are many reasons to do it. Incorrectly removing a registered agent can cause a large fine for your business. It’s also important to note that the information is public.
If you want to change your registered agent, you should talk to both the previous and new agents. Once you’ve discussed the changes, you must obtain the signature of the new agent. If you’re still unsure, you can hire a service to do the work for you. If you’re busy, you can hire someone to do the work for you. Just make sure to get a signed copy of the change before it becomes official.
In South Carolina, an LLC must designate a registered agent. This person or entity accepts legal documents on behalf of the business and corresponds with the South Carolina Secretary of State. Regardless of the name, a registered agent must be in a South Carolina state, and the agent must accept official mail or serve as the company’s address during business hours. Choosing an agent is a significant step in establishing a business.
All corporations and limited liability companies doing business in South Carolina are required by state law to appoint a South Carolina registered agent. South Carolina registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.
Before you choose a registered agent for your South Carolina LLC, compare their price and services from the table. They will be responsible for all your documentations, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.