South Carolina LLC Operating Agreement

If you have ever owned or wanted to run a limited liability company (LLC), you probably know the term “Operating Agreement.” This brief review will tell you more about it and the peculiarities of compiling one in South Carolina.

An operating agreement is a particular legal form popular amongst business holders (especially LLCs) across the US. The operating agreement template contains information about the organization’s structure, membership, management approach, and even handling the day-to-day routine. All shareholders use this document to establish legal rules and restrictions and personalize them according to the company’s needs and demands. The state laws also control LLCs’ business activity, but these norms are often considered too broad by the local legal community. These norms apply to all organizations of every state industry. Thus, an operating agreement makes it possible to invent individual norms based on the company’s field, organizational culture, and other peculiarities.

Another obvious advantage of having an operating agreement is the convenience of multiple-owner management. Once the shareholders negotiate and compromise on running their business entity, they should sign the paper. When the agreement comes into force, all the respective employees, officers, and managers will have a strict set of rules and a straightforward algorithm for regulating internal processes. If you want to avoid conflicts in your LLC, make sure to designate universal regulations for every person in the entity.

Even though this covenant is not mandatory in South Carolina, creating it is an essential step in forming an LLC. The main benefit of completing it is your financial security, as the agreement helps separate your personal assets from the company’s property and indebtedness. If you do not legalize your LLC agreement, the court can partially or entirely confiscate the company’s wealth for unfulfilled obligations. Therefore, we strongly recommend agreeing with your colleagues on this matter to evade the loss of individual property. Besides, creating and registering an Operating Agreement is free of charge in South Carolina. Local LLC owners only have to pay for the Articles of Organization.

Here is a list of essential topics any LLC operating covenant should cover in South Carolina:

  • A paragraph Introducing Your LLC. In this section, you need to indicate your company’s legal name and contact information, as well as the agreement’s effective date.
  • Information About the Shareholders. Please list all existing entity members’ and shareholders’ names, physical addresses, and percentage share.
  • Personal and Shared Responsibilities. Here, the assigned person distributes everyone’s duties and responsibilities for the company’s personnel to know their scope of work and personal control.
  • Structure of Income and Finances. Determine the proportion of costs and profits every member should acquire.
  • Schedule of Official Meetings. Usually, the Board of members makes up a plan for primary business events and LLC activities at the beginning of the working process.
  • Information on the Officers and Managers (if applicable). The Board (or the sole owner) shall appoint the firm’s manager or divide the voting power among the members. Voting is a process of decision-making on all the company’s internal and external affairs.
  • Dissolution Procedures. Create a detailed plan of the company termination just if you want to dissolve the business entity one day.
  • An Amending procedure. Design a transparent and straightforward procedure for changing or updating the operating agreement according to the corresponding needs and challenges.

If you face some issues completing the agreement, you can use legal assistance services on our website or our automated PDF editor to fill out the legal form online.

South Carolina LLC Laws and Definition

Limited Liability Company is one of the most common business entity types available in the US. It provides its users with more flexibility and freedom of action compared with big corporations. Besides, you will not need to prepare a pile of documents when registering an LLC.

The LLC is a structure that will save you as its owner from most financial risks. As we have mentioned above, you can easily separate personal and the company’s property if you register it as an LLC and file an operating agreement. It effectively means that you do not have to worry about your private investments.

Additionally, creating an LLC shields you from double taxation. For instance, the income from corporations is taxed twice—on the organizational and individual level. In an LLC, only its members’ income is subject to taxation. Therefore, it is more beneficial to establish a limited liability company than a giant corporation.

Before you decide to operate an LLC, ensure you learn more about the state laws concerning this category of entities. You may search for the Limited Liability Company Act on governmental websites to read the applied rules and restrictions. In South Carolina, they all are under Title 33, Chapter 44 of the SC Code of Laws. The definitions regarding this topic are outlined in Section 101. We recommend reviewing them to be confident in your firm’s consistency with the state laws.

We have prepared step-by-step instructions for you on establishing an LLC in South Carolina. Please pay attention to the review below to avoid challenges during the application process.

Steps to Forming an LLC in South Carolina

When you get acquainted with all the necessary information concerning LLC creation, you need to go through five simple steps to register it. Let us get a closer look at each one of them.

Pick the LLC Name

Every business begins with a proper name, and an LLC is not an exception. Please, pay attention to the terms that are obligatory to include in the title, such as “Limited Liability Company” or “Liability Company.” Also, you can replace the word “Company” with its acronym “Co.” and “Limited” with “Ltd.”

Additionally, you need to check the availability of the chosen name in South Carolina. The easiest way to do so is to verify it on the official website of the state. The last restriction regarding the title is a state ban on using local or federal governmental organizations’ names.

Nominate a Local Agent

A Registered (or Local) Agent is a person or an entity responsible for all legal correspondence in your LLC, including handling letters from the court, tax forms, and others. The essential feature of the agent is their residential address. The agent must have a valid physical or mailing address in South Carolina and specified working hours.

You can offer your friends or family members to become an agent for your LLC. Moreover, you can represent an agent yourself. Another popular option is to hire a local agent and pay them once a year.

Request the Articles of Organization

Articles of Organization is another legal form confirming your intention to create an LLC. You can find this paper on the official website of the Secretary of State.

You need to fill in your agent’s data, business field, the company’s name, and the LLC’s effective date in this document. You can choose either to send the form online or offline. The time of LLC registration depends on the method of filing you select. Online requests are faster to process; you will get the answer in only two days. But it will take up to 14 working days to receive a response from the government regarding a written request.

Please, do not forget to attach the receipt for the LLC registration fee. That fee equals $110 in South Carolina.

Fill Out an Operating Agreement

Operating Agreement in South Carolina provides you security and financial independence from the firm. It sets the organization’s rules and shares responsibility amongst the company’s holders. Financial problems inside the enterprise will never put your personal income and wealth at risk if you sign this document. There are more reasons to complete this document, even though it is not obligatory in the state. Learn more about it at the beginning of this article.

Acquire an EIN

Employer Identification Number is a confirmation that you are registered in the IRS. You need to get this number if you have more than one member in LLC or intend to employ people. The EIN allows taxation, creating a bank account, and paying salaries to employees legally.

You can obtain the Tax ID online or by US mail. Explore this topic on the website of the IRS for more detailed information.

Published: Mar 24, 2021