When you register your business with the South Carolina Secretary of State (SOS), whether it's a limited liability company (LLC) or corporation, you are required to appoint a registered agent. The purpose of this role is to provide the state with a point of contact to send official correspondence or to serve for lawsuits (known as “service of process”).
This helps to ensure you’re aware of important deadlines that could affect your business’ legal standing. Learn South Carolina's specific requirements for registered agents, from legal obligations to the appointment process, costs, and how to change your registered agent when/if necessary.
What is a registered agent in South Carolina?
A South Carolina registered agent is an individual or business entity that you designate to receive official legal documents, government notices, and service of process on behalf of your business entity. This includes tax notices, legal summons, subpoenas, and other official correspondence from the South Carolina Secretary of State, Department of Revenue, and courts.
The registered agent serves as your business's official point of contact for legal matters and ensures that you’re aware of important documents and deadlines.
Here are some of their key responsibilities:
- Accepting service of process for lawsuits and legal proceedings
- Receiving tax notices and annual report reminders from the South Carolina Department of Revenue (for corporations)
- Collecting other government correspondence from the South Carolina Secretary of State
- Forwarding time-sensitive documents to business owners or their designated contacts
- Maintaining availability during standard business hours (typically 9 a.m. to 5 p.m., Monday through Friday)
Why you need a registered agent in South Carolina
South Carolina law requires all LLCs and corporations to maintain a registered agent at all times. This requirement appears in South Carolina Code of Laws Title 33 (Corporations, Partnerships and Associations) and the South Carolina Secretary of State strictly enforces this law.
What happens if I don’t have a registered agent?
Failing to maintain a registered agent in South Carolina can have major consequences for your business.
- Loss of good standing with the South Carolina Secretary of State. Your standing is public information and losing this status could impact your business’ reputation.
- Administrative dissolution of your business entity. Continued failure to maintain a registered agent can lead the SOS to dissolve your business.
- Inability to conduct business legally in the state.
- Difficulty defending against lawsuits if your business didn’t receive service of process.
- Potential missed deadlines for tax filings and regulatory compliance if your business didn’t receive notices.
South Carolina registered agent requirements
Your registered agent can be either an individual or business that meets these requirements:
- An individual who resides in South Carolina
- A domestic corporation or limited liability company
- A foreign corporation or limited liability company that’s authorized to do business in South Carolina
Note that your registered agent must have an office at a physical street address to receive official documents—P.O. boxes are not sufficient.
Can you be your own registered agent in South Carolina?
Yes, you or another employee can serve as your business’ registered agent in South Carolina if you reside in the state. However, a business can’t be its own registered agent.
Here are the pros and cons of serving as your own agent:
| Pros of being your own agent | Cons of being your own agent |
|---|---|
| No additional cost | Must be available at the registered office during regular business hours |
| Direct control over documents | Personal address becomes a matter of public record |
| Immediate access to legal notices | Risk of missing important documents when traveling or unavailable |
| No third-party dependency | May appear less professional |
Professional registered agent services
South Carolina businesses may choose to work with a professional registered agent service like LegalZoom for these benefits:
- Guaranteed availability. We’re available during business hours, freeing you up to focus on your professional and personal needs.
- Privacy protection. Our address will be on public records as where to send official or legal correspondence. This keeps legal matters away from your home or office.
- Professional handling. After acting as registered agents for more than 2.6 million businesses, we’re experts in handling legal documents and service of process.
- Document management. We’ll organize the important documents we receive on your behalf and provide you with digital access to important papers.
- Compliance monitoring. Our business compliance coverage keeps you on top of important deadlines and evolving requirements.
- Cloud storage. We’ll securely store your documents to ensure you never miss important papers.
- Comprehensive services. From business registration to licensing renewals, we’ll handle all of your filing needs.
- Access to attorneys. We can connect you to business attorneys who can answer both business and personal questions related to law.
Special considerations for multi-state businesses
If your business operates in multiple states, remember that each state has its own registered agent requirements that your SC agent may not satisfy. Fortunately, national services like LegalZoom can expand with your business.
How to appoint or change your South Carolina registered agent
To appoint or change a registered agent in South Carolina, you need to file a specific form with the South Carolina Secretary of State.
How to appoint a registered agent
You designate a registered agent on your formation documents when you register a new business with the SOS.
- For LLCs. File articles of organization (Form LLC-1) and designate a registered agent in Section 4 of the form. You’ll need to provide the registered agent's name and address. Then, pay the $110 filing fee.
- For Corporations. File articles of incorporation (Form C-1) and designate a registered agent in the appropriate section. Include their name and address, and have them sign the document providing their consent. You will submit this along with the $135 filing fee.
How to change a registered agent
If you need to change your registered agent after formation, file a “notice of change of registered office or registered agent” (Form C-6 for corporations, Form LLC-6 for LLCs) with the South Carolina Secretary of State. The filing fee is $10.
The form should include the following information:
- Current registered agent’s information
- New registered agent’s name and address
- Effective date of the change
- Signature of an authorized representative
How do I file with the South Carolina Secretary of State?
LegalZoom can file the paperwork for you at no cost, or you can personally file with the SC SOS through their Business One Stop portal, which provides quick processing, electronic payment, and confirmation receipts with tracking.
Why choose LegalZoom as your South Carolina registered agent?
LegalZoom's 20+ years of experience means that we have seen it all when it comes to business compliance. As your agent, we stay on top of changes in state requirements so that you’ll never miss a beat.
Our registered agent office in Charleston meets South Carolina's legal requirements and offers additional features to help make compliance management easier.
Here are some of the perks:
- Added privacy. Critical legal notices come to our address instead of your home or workplace.
- Time-sensitive alerts. You’ll receive alerts for important and time-sensitive mail.
- Guaranteed availability. We’re at our SC office during normal business hours to receive official mail and meet legal requirements.
- Digital storage. Our service includes secure cloud storage so you can access critical business documents anytime, from anywhere.
- Junk mail filtering. You only get the info that matters, saving you time and effort.
- Seamless transition services. If you want to make us your new registered agent, we'll pay the fees and take care of that paperwork at no cost to you.
FAQs about South Carolina registered agents
Does South Carolina require a registered agent?
Yes, South Carolina law requires all LLCs, corporations, limited partnerships, and limited liability partnerships to maintain a registered agent. This requirement is mandatory under South Carolina Code Title 33 and is strictly enforced by the Secretary of State.
Can I be my own registered agent in South Carolina?
Yes, you can be your own registered agent in South Carolina if you meet the requirements. You can also hire someone you know, like a family member or business partner. However, a business entity can’t be its own registered agent. We recommend hiring a professional SC registered agent service to ensure business compliance.
How much does a registered agent cost in South Carolina?
The cost of hiring a registered agent service in South Carolina will depend on a few factors, such as the level of service they provide. At LegalZoom, our registered agent services are $249/year.
What happens if I don't have a registered agent in South Carolina?
Failing to obtain a SC registered agent could negatively impact your business in several ways. For example, your company could lose good standing with the state. The South Carolina Secretary of State could also reject your business formation documents or decide to dissolve your business. Furthermore, your business could face legal consequences if it doesn't have a proper system for accepting service of process and other important notices.
How do I change my registered agent in South Carolina?
You can change your registered agent, but you must notify the South Carolina Secretary of State. You can submit a Change of Registered Office or Registered Agent Form and pay the $10 filing fee, or allow LegalZoom to take care of it for you. Our services will file the paperwork and cover the fees for you.
Can a registered agent resign in South Carolina?
Yes, a registered agent can resign by signing a statement of resignation and delivering it to the Secretary of State and the business entity it serves. The business must then appoint a new registered agent promptly to avoid compliance issues.
What documents does a registered agent receive in South Carolina?
Registered agents typically receive official and legal documents, such as the following:
- Service of process for lawsuits
- Tax notices from the South Carolina Department of Revenue
- Annual report reminders
- Government correspondence from various state agencies
- Subpoenas and court documents
- Regulatory notices and compliance communications
Can I use an out-of-state registered agent service in South Carolina?
No, your registered agent must have a physical presence in South Carolina. However, many national registered agent companies (like LegalZoom) have South Carolina offices and can serve as your registered agent while providing services across multiple states.
Chloe Packard contributed to this article.
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