If someone's asked you to provide a certificate of good standing for your South Carolina business, the first thing you need to know is that the document you need is officially called a certificate of existence. This is the term the South Carolina Secretary of State (SOS) uses to refer to a certificate that confirms your business’ legal status in the state.
This guide covers how to order one online, the fee, and what to do if your entity isn't currently eligible.
What is a South Carolina certificate of existence?
A South Carolina certificate of existence (known as a certificate of good standing in many states) is an official document from the Secretary of State that confirms a business entity is legally registered, active, and compliant with state requirements. You may need this document to do one of the following things:
- Open a business bank account
- Apply for a business loan or financing
- Register to do business in another state (foreign qualification)
- Complete a merger or acquisition
- Apply for a business license
Note: If you formed your business in South Carolina, you need a certificate of existence. However, if you are a foreign business registering to do business in South Carolina, the document you need is called a certificate of authorization. You can request either certificate by the same process.
Certificate of existence vs. attorney certificate of good standing
The Clerk of the Supreme Court of South Carolina issues a certificate of good standing specifically for licensed attorneys. That document serves solely to verify that an attorney is licensed to practice law in the state, and is not related to the status of South Carolina business entities.
How to check whether your South Carolina business is in good standing
Before you order anything, confirm your entity is currently in good standing. If it isn't, the Secretary of State won't issue the certificate.
Go to businessfilings.sc.gov and search for your business by name or entity number. On the entity's detail page, check the status field. "Good Standing" means the entity hasn't been dissolved on the Secretary of State's records. Not that it's currently operating, just that its legal existence hasn't been terminated.
If your entity shows any other status, you'll need to resolve the underlying issue before requesting a certificate.
How to get a certificate of existence in South Carolina: Step-by-step
- Confirm eligibility. Conduct a South Carolina entity search to check your current status with the SOS. If your entity status says anything other than, “good standing,” resolve the error before moving forward.
- Log into the SOS’ business entities filing portal. From the portal’s homepage, click “Request Documents.”
- Search for your business entity. Enter your business name in the search bar to generate a list of entities.
- Pull up your records. Click on the name of your business from the generated list to pull up your records page.
- Request a certificate of existence. Scroll down to “Request Documents” and then select certificate of existence.
- Pay the fee and submit your order. It costs $10 to request a certificate of existence from the South Carolina Secretary of State.
Make sure to ask the requesting party how recent the certificate of existence needs to be. For example, the South Carolina Secretary of State requires foreign business entities to provide a dated certificate of existence that’s no more than 30 days old when initially registering.
Why a South Carolina business may not be in good standing and how to fix it
There are two main reasons a business may not qualify for a certificate of existence in South Carolina.
- Unfiled taxes or annual reports with the South Carolina Department of Revenue (DOR). When an entity fails to file a required report or return, the DOR notifies the Secretary of State's Office, which notifies the business that it may be dissolved or revoked. The business then has 60 days to resolve the issue.
- Failure to maintain a registered agent or registered office in South Carolina. Every domestic and foreign entity must continuously maintain a registered agent with a physical street address in South Carolina. If your business has changed agents, make sure to let the Secretary of State know who your current agent is in a timely manner.
Once you've identified the issue, resolve it, and then give the SOS a few business days to update their records before you request the certificate of existence.
If you need to reinstate your business, file an application for reinstatement with the SOS through the business entities filing portal. You’ll need a certificate of tax compliance from the DOR if your reason for dissolution was tax related. Nonprofit corporations and LLCs will need to file within two years of dissolution.
How LegalZoom can help
LegalZoom’s suite of services can take some of the most important compliance tasks off your plate, from business licenses and annual report filing to registered agent services. Our compliance plans can help you stay on top of state requirements, so you can focus on running your business. We can even help you request a certificate of existence.
If you need to reinstate before you can get your certificate, our reinstatement management service will handle the paperwork and guide you through a compliance roadmap to stay ahead of future deadlines.
South Carolina certificate of existence FAQs
What is a certificate of good standing?
In relation to businesses, a certificate of good standing is an official document issued by a state government that confirms a business entity is legally registered with the state, active, and compliant with state requirements. A certificate of good standing for business entities in South Carolina is called a certificate of existence.
Is a South Carolina certificate of existence the same as a certificate of good standing?
In the context of a business entity, a certificate of existence is the formal name for a document that may be commonly referred to as a certificate of good standing. The certificate of existence is issued only to business entities—if you’re a business entity, this is the document you need.
However, the clerk of the Supreme Court of South Carolina also issues a completely different document for attorneys that is formally titled a certificate of good standing, which affirms that they are licensed to practice law in the state.
How long is a South Carolina certificate of existence valid?
South Carolina doesn’t set an expiration date for certificates the SOS issues. However, the SOS does require foreign business entities to provide a certificate of existence that’s no more than 30 days old when registering with the office. It’s best to always confirm the window with whoever is requesting the document.
Can a foreign entity registered in South Carolina get a certificate of existence?
Certificates of existence in South Carolina are specifically for domestic entities. However, foreign businesses can request a certificate of authorization that affirms the same things. The requesting method and fee is the same for either document.
'%20/%3e%3c/svg%3e)
'%3e%3cpath%20fill-rule='evenodd'%20clip-rule='evenodd'%20d='M9.31239%2025.5316H13.0679V14.1032H9.31239V25.5316ZM11.1913%208.46875C9.93945%208.46875%209%209.25086%209%2010.505C9%2011.5995%209.78211%2012.5389%2011.1913%2012.5389C12.6005%2012.5389%2013.3826%2011.5995%2013.3826%2010.505C13.3826%209.4082%2012.6005%208.46875%2011.1913%208.46875ZM27%2018.9577V25.5316H23.2445V19.4275C23.2445%2017.8609%2022.6174%2016.7664%2021.3679%2016.7664C20.2711%2016.7664%2019.644%2017.5463%2019.3316%2018.1756C19.1743%2018.488%2019.1743%2018.8004%2019.1743%2019.1128V25.5316H15.4165V13.9458H19.1743V15.5123C19.644%2014.7302%2020.5835%2013.6357%2022.6174%2013.6357C25.1234%2013.7908%2027%2015.3573%2027%2018.9577Z'%20fill='white'/%3e%3c/g%3e%3cdefs%3e%3cclipPath%20id='clip0_952_9489'%3e%3crect%20width='18'%20height='18'%20fill='white'%20transform='translate(9%208)'/%3e%3c/clipPath%3e%3c/defs%3e%3c/svg%3e)
