South Carolina State Form

South Carolina LLC Operating Agreement

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South Carolina Legal Requirements

Key SC statutes and obligations that apply to your llc operating agreement.

Requirements

  • Governed by the South Carolina Uniform Limited Liability Company Act (S.C. Code Ann. §§33-44-101 et seq.); Articles of Organization filed with the Secretary of State for a $110 fee
  • No annual report required and no annual report fee — South Carolina does not require LLCs to file annual reports with the Secretary of State
  • Registered agent with a South Carolina street address required

Restrictions & Limits

  • LLC name must include 'Limited Liability Company,' 'L.L.C.,' or 'LLC' and be distinguishable from other South Carolina registered entities
  • Professional LLCs (attorneys, physicians, accountants) must meet applicable state licensing board requirements
  • South Carolina imposes a license tax on LLCs: a flat $25 annual fee plus $1 per $1,000 of capital stock paid in or property in South Carolina (for LLCs electing to be taxed as corporations); pass-through LLCs pay at the member level

Official Statute References

Primary South Carolina statutes governing this document type.

South Carolina LLC Operating Agreement FAQ

Common questions about llc operating agreements under South Carolina law.

What does it cost to form an LLC in South Carolina?

Filing Articles of Organization costs $110. South Carolina does not require LLCs to file annual reports, which means lower ongoing compliance costs than most states. Members of pass-through LLCs report income on their personal South Carolina returns at rates up to 6.5%.

Is a South Carolina LLC operating agreement required?

S.C. Code Ann. §33-44-103 allows LLCs to adopt an operating agreement; it need not be filed with the state. Without a written agreement, the statutory default rules govern management, profit distributions, and member exit rights. A written agreement is essential for multi-member LLCs.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.