How to Get a Registered Agent in South Carolina

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Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.

Alexis Konovodoff
Written by Alexis Konovodoff
Written byAlexis Konovodoff
Updated September 11, 2023
Edited by Carlos Serrano
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Whether you’re setting up a small business at home or a multinational corporation, if you’re forming a company in South Carolina, you’re legally required to have a registered agent. 

Your registered agent takes responsibility for handling many of the crucial compliance and legal documents for your business. This guide explains the role registered agents play, how to choose a registered agent, and how to set one up for your business.

Key Takeaways

  • A registered agent is a business’s contact for all official documents and communication.

  • All South Carolina LLCs, corporations, and nonprofits need a registered agent for incorporation.

  • You can elect or change your registered agent with the South Carolina Secretary of State online or by mail.

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What Is a Registered Agent?

A registered agent is an entity that acts on behalf of your small business. Think of them as a point of contact for business owners. Every South Carolina LLC, corporation, or nonprofit must have a registered agent.

Your registered agent aims to keep your business in good standing with the state by helping you handle the following:

  • All services of process, including legal documents or business lawsuits

  • Any communication your company has with the South Carolina state government 

Registered Agent Responsibilities

A registered agent fulfills several roles and responsibilities on behalf of your company. These include the following:

  • Acting as a point of contact for your business through which you obtain various documents

  • Organizing and processing legal documents, corporate filings, and correspondence with the state of South Carolina

  • Serving as a corporate liaison to ensure privacy when your business receives official papers

  • Receiving and forwarding franchise tax and annual report documents

A registered agent may act independently or with oversight from somebody in your organization. The agent must maintain a business address and operate during regular business hours. Their address must be a matter of public record and filed with the South Carolina Secretary of State.

Road sign welcoming visitors to South Carolina

Choosing Your South Carolina Registered Agent

The requirements for becoming a registered agent in South Carolina are relatively straightforward. Almost anybody in the state can operate in this role. However, you need to know how to choose an appropriate agent for your business.

South Carolina Registered Agent Requirements

The basic requirements for becoming a registered agent in South Carolina are:

  • Be above the age of 18

  • Maintain a street address that can serve as the agent’s registered office

  • Be listed on the business’s formation documents, including the agent’s name and address

  • Remain in good standing with the state of South Carolina

If you fail to select a registered agent for your business, you may face some penalties, including:

  • Refusal of your business registration application

  • State fees and fines

  • Loss of good standing with the state

  • Loss of liability protection

The South Carolina Secretary of State can dissolve your business entity if you don’t have a registered agent. This dissolution means the company’s owners don’t have personal asset protection if they get sued.

Can I Be My Own Registered Agent in South Carolina?

You can act as your own registered agent in South Carolina if you’re over 18 and have an office address that operates during regular business hours. You must also be willing to make this address public record.

There are some benefits to acting as your own registered agent for your limited liability company or corporation, such as:

  • Your business doesn’t have to pay fees to a third-party agent

  • Only you see confidential documents intended for your business

  • You can assign the role to almost anyone in your company

But while the lower costs and increased confidentiality may sound tempting, there are many significant drawbacks to acting as your own registered agent, including:

  • You must be available every day, in the office, during regular hours

  • Anybody can access your registered address through the public record

  • You have to report any change in address and pay any applicable change fees

  • Sensitive documents can get delivered to your address at inopportune times

  • You have more responsibilities and mail to process

  • You’ll have less time for other work

Benefits of a Professional Registered Agent Service

Before setting up as your own registered agent, consider the drawbacks. Acting as your own agent means you have to deal with more work. It can also lead to your business receiving confidential documents at embarrassing times.

Working with a third-party registered agent service can save your company a lot of headaches. The following are the benefits that come from working with a third party.

1. Physical Point of Contact

Your registered agent must have a business address that maintains regular business hours in South Carolina. While this is a legal requirement, it also greatly benefits your company.

The registered address serves as your point of contact between your business and any entity that communicates with you. Think of it as a protective wall. All correspondence must first go to this address, which you can access just as readily as anybody else.

Your registered agent can receive correspondence during busy business periods. As a result, you don’t have to constantly stop what you’re doing to deal with your mail.

2. Enhanced Privacy

A registered agent receives your essential documents, such as your annual reports. The agent also receives legal documents and service of process notifications, which enhances your privacy.

If you choose to act as your own registered agent, you can imagine the following situation.

You’ve welcomed a client to your business address, and you start negotiating a new contract. Halfway through the negotiations, an uninvited party arrives to serve legal documents. Because you’re acting as your own registered agent, you must receive those documents in front of your client.

It’s an embarrassing situation. You avoid such occurrences by working with a third-party registered agent in good standing.

3. Professional Business Image

In addition to increased privacy, a third-party agent helps improve your company’s image in the eyes of clients and partners. Receiving legal documents in front of clients isn’t only a privacy issue. It can also damage your reputation, leading to a loss of business.

A third-party registered agent ensures correspondence doesn’t reach a business owner’s address until they’re ready to receive it. The best registered agents process these documents promptly, so you can abide by deadlines and avoid legal issues that could damage your reputation.

4. Good Standing With State

Suppose you’re operating as your own registered agent. In that case, you must record every change of business address so that the one on the public record always matches. Many companies change addresses multiple times throughout their operations. For example, a small business may scale up and require a larger office.

Failure to record a change of address could mean your company loses its good standing with the state of South Carolina.

Third-party registered agents are less likely to change their business addresses. And if they do, they know how to inform the state and handle the process.

5. Peace of Mind

Think about the volume of mail the average business receives. Sorting through all that paperwork is tedious and can lead to critical documents going unnoticed. If those documents relate to business compliance or have a filing deadline attached, you run the risk of non-compliance.

A registered agent acting on your behalf ensures that these critical documents get to where they need to be on time. You enjoy peace of mind knowing that your business avoids non-compliance issues and the costly fees that often come with those problems.

Picture of the South Carolina State House

How to Set Up Your South Carolina Registered Agent

Now that you understand the legal and business operational importance of having a registered agent, you need to know one more thing:

How do business owners set up an agent for their South Carolina LLC?

There are several ways to elect a registered agent in South Carolina. You also need to know the process for changing your agent.

Electing a South Carolina Registered Agent

The process of electing a registered agent in South Carolina varies depending on your business type. But, in all cases, you’ll submit the relevant forms, formation documents, and articles of incorporation to the South Carolina Secretary of State. You must also pay the state fees.

Electing a Registered Agent for an LLC

Complete the Articles of Organization – Domestic LLC form to elect a registered agent as part of your LLC formation.[1] Article 3 of the form contains the fields to enter the agent’s information, including their name and address. It costs $110 to file this form, regardless of whether you do it by mail or online.

If you choose to mail your form, create a copy of it first for your records and then send the original to the following address:

South Carolina Secretary of State’s Office

1205 Pendleton Street, Suite 525

Columbia, SC 29201

Alternatively, you can file your form online via the South Carolina Secretary of State website. You must create an account before you can file.[2]

Electing a Registered Agent for a Corporation

If you’re setting up a for-profit corporation, you have to follow a slightly different process. First, complete your Articles of Incorporation form, physically or online.[3] In this case, your registered agent’s details go into Article 2 of the document. You have to pay a slightly higher fee of $135 to elect a registered agent as a corporation.

With the form complete, you can submit it online via the South Carolina Secretary of State website.[2] Alternatively, you can mail it to the following address:

South Carolina Secretary of State’s Office

1205 Pendleton Street, Suite 525

Columbia, SC 29201

Electing a Registered Agent for a Nonprofit

To set up a nonprofit in South Carolina, you must complete the Articles of Incorporation – Domestic Nonprofit Corporation form.[4] You must pay a fee of $25, with your agent’s details going into Article 2.

Again, you can submit this form online via the Secretary of State website or mail it to:[2]

South Carolina Secretary of State’s Office

1205 Pendleton Street, Suite 525

Columbia, SC 29201

Changing a South Carolina Registered Agent

Your current registered agent may choose to no longer represent your South Carolina LLC or corporation for a variety of reasons. These may include moving away from the state or no longer wishing to act as an agent.

If this happens, you’ll need to select a new registered agent. Thankfully, the state of South Carolina makes this a relatively simple process with a specific form. Complete the Notice of Change of Registered Agent form and have your new agent sign it to provide their consent.[5] Then, send the form, along with state fees of $10, to:

Secretary of State

1205 Pendleton Street, Suite 525

Columbia, SC 29201

You can also submit the form online via the Secretary of State website.[2]

Why Choose Swyft Filings as Your South Carolina Registered Agent
  • Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.

  • Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.

  • Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.

Secure My Registered Agent

FAQs

Who can be a registered agent in South Carolina?

Almost anybody who has a registered address in South Carolina and is over the age of 18 can serve as a registered agent.

How much does a registered agent in South Carolina cost?

Prices vary depending on which company provides your registered agent services.

How can I change my registered agent in South Carolina?

Complete the Notice of Change of Registered Agent form and send it to the Secretary of State, along with a $10 filing fee.

How can I find a registered agent in South Carolina?

South Carolina operates an online database to search for existing registered agents.[6] You can also ask another person to act as your company’s agent if they meet the state’s requirements.

What is a South Carolina registered office?

A registered office is a business entity’s statutory address. It is also the address where the company’s registered agent receives official documents and service of process.

What’s the difference between a registered agent, a resident agent, and a statutory agent?

There is no difference between registered and statutory agents — the terms are synonyms. Resident agent is often used as a synonym for registered agent, but it technically refers to someone authorized to act on behalf of a property despite not being its owner.

What is a registered agent service?

A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.

Bibliography

  1. South Carolina Secretary of State. “LLC - Articles of Organization.” Accessed November 30, 2022.

  2. South Carolina Secretary of State. “Business Entities Online Login.” Accessed November 30, 2022.

  3. South Carolina Secretary of State. “Corp - Articles of Incorporation.” Accessed November 30, 2022.

  4. South Carolina Secretary of State. “Non-profit - Articles of Incorporation.” Accessed November 30, 2022.

  5. South Carolina Secretary of State. “Downloadable Paper Forms.” Accessed November 30, 2022.

  6. South Carolina Secretary of State. “Registered Agent Search.” Accessed November 30, 2022.

Originally published on March 09, 2023, and last edited on September 11, 2023.
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