Ever wondered what a South Carolina registered agent does or why you might need one for your business? Explore this guide and learn more about registered agents in South Carolina.
Before you can form a limited liability company (LLC), corporation, or another registered business in South Carolina, you need to appoint an official point of contact who can receive legal and other important notices in person for your business. That person (or company) is called a registered agent. We’ll tell you below what a registered agent is, their duties, and the requirements to be one.
A registered agent is an individual or business that is designated by the business to receive important legal documents and state correspondence on behalf of the company. This position is essential to ensuring that the correct people within a company are notified in person when there are time-sensitive events, such as service of process for lawsuits. The agent also receives important notices from the state, such as garnishment notices against employees, a notice of annual reports, and tax notifications.
State law (SCL 33-5-101) says that each business in South Carolina must continuously maintain:
(1) a registered office that may be the same as any of its places of business; and
(2) a registered agent, who may be:
(i) an individual who resides in South Carolina and whose business office is identical with the registered office;
(ii) a domestic corporation or not-for-profit domestic corporation whose business office is identical with the registered office; or
(iii) a foreign (out-of-state) corporation or not-for-profit foreign corporation authorized to transact business in this state whose business office is identical with the registered office.
Opting for a registered agent service offers a plethora of benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.
More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whoever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.
You must designate your registered agent when you complete the official paperwork with the state to form your LLC or corporation, so you need to decide who your registered agent or registered agent service will be before starting that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve as your agent.
The cost of a registered agent in South Carolina varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead.
On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.
To change your registered agent in South Carolina, you’ll need to file a “Notice of Change of (1) Designated Office, (2) Agent for Service of Process, or (3) Address of Agent” form with the Secretary of State. This form costs $10 to submit, and you can file online or by mail.
Changing your registered agent in South Carolina requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet South Carolina’s requirements for registered agents.
After you’ve got the new agent lined up, it’s time to file the “Notice of Change” form with the Secretary of State. If you’d like to streamline the process, it’s recommended to log into South Carolina’s Business Entities Online and file the change notice there. But if you’d rather file a paper form, you’ll need to download the proper form for your business type from the Secretary of State’s website.
With either form, you’ll be asked to provide information about your former agent, your new one, and your agent. There is a $10 filing fee for this form.
When changing a registered agent, the new agent must meet the same requirements: be a South Carolina resident or a business authorized to conduct business in South Carolina, have a physical street address in the state, and be available during business hours.
Mailing Address: 1205 Pendleton Street Suite 525 Columbia, SC 29201 | Physical Address: 1205 Pendleton Street, Suite 525 Columbia, SC 29201 |
Telephone: (803) 734-2170 | Website: https://sos.sc.gov/ |
If a registered agent needs to resign, they must file the Notice of Resignation form with the Secretary of State. The agent remains on file for 31 days post-resignation unless a replacement is appointed sooner.
Navigating the world of registered agents can be daunting, but we’re here to simplify the process for you. Our registered agent service helps ensure that your business never misses an important notice and always remains compliant with South Carolina state regulations regarding registered agents. With our reliable and efficient service, you can focus on growing your business while we handle the official communications.
Plus, with ZenBusiness, you get more than just a registered agent — you get a partner committed to supporting your business journey. Let us help you kickstart your enterprise with registered agent services that you can trust — choose ZenBusiness today!
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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