Get a South Carolina Registered Agent

Before you can form a limited liability company (LLC), corporation, or another state-registered business in South Carolina, you need to appoint an official point of contact who can receive legal notices and important government 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.

What is a South Carolina registered agent?

A registered agent is an individual or business that is designated by the business to receive important legal documents and official correspondence from the state 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.

Who can be a registered agent in South Carolina?

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 (but doesn’t have to be); 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 to 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.

The registered agent must be available in person at the registered office during all normal business hours so that they can receive service of process in person.

Benefits of Using South Carolina Registered Agent Services

Opting for a registered agent service offers several benefits. These services specialize in receiving and relaying official paperwork, helping business compliance by ensuring nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. If you serve as your own registered agent, you’ll be required to stay at the registered office during all regular business hours, which makes meeting up with clients, going on vacation, etc., difficult. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

Another benefit is that 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 whomever 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.

How is a registered agent appointed in South Carolina?

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.

How much does it cost for a registered agent in South Carolina?

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.

Cost of Changing Registered Agents

To change your registered agent in South Carolina, you’ll need to file a “Notice of Change of Designated Office, Agent for Service of Process, or Address of Agent” form with the Secretary of State. There are different forms for different business entity types. This form costs $10 to submit, and you can file online or by mail.

How to Change a Registered Agent in South Carolina

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. There are different forms for different business entity types, so make sure to get the right one.

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.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a South Carolina resident or a corporation authorized to conduct business in South Carolina, have a physical street address in the state, and be available during all normal business hours.

South Carolina Secretary of State Contact Information

Resignation of South Carolina Registered Agent

If a registered agent needs to resign, they must file a Resignation of Registered Agent form with the Secretary of State. The agent remains on file for 31 days post-resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Inform your company that you’ll be resigning. Technically, this isn’t required under state law, but it’s recommended to do so anyway. Not only is a notice a professional courtesy, but it’s also a good way to streamline the process by letting your business know it’s time to appoint a replacement.
2. Submit your resignation: Complete the “Resignation of Registered Office and Discontinuance of Registered Office” form (for a corporation) or a “Resignation of Agent for Service of Process of a South Carolina or Foreign Limited Liability Company” (for an LLC) and file it with the Secretary of State. Include two copies along with the original. Online filing is allowed, but if you’re going to file online, you’ll need to attach two copies of the form. The Secretary of State will send a copy to the business you’re resigning from. If you’re resigning but the office will stay on file, the fee is $3. If your address will also be discontinued, then the fee is $5.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.