3 min read — Published 2 months ago

How to Register With The South Carolina Secretary of State

We explain the various reasons you may need to register with South Carolina's Secretary of State.

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Summary

The fact that you may need to register with state agencies like South Carolina Secretary of State is a sneaky misconception that many folks miss.

However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.

If you're considering operating in South Carolina, use this guide to:

  • Explore the that triggers the need to register with the South Carolina Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
  • Determine where and how to register with the South Carolina Secretary of State.
  • Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.

What criteria would trigger the requirement to register with the South Carolina Secretary of State?

Key Factors

Physical Presence: The following constitute a physical connection to South Carolina:

  • Having an office, store, warehouse, or other physical location.
  • Having employees, contractors, or sales representatives operating in the state.
  • Owning or leasing property in South Carolina (real estate or tangible property).

Economic Activity: These economic activities also indicate you have a connection to the state:

  • Selling goods or services to South Carolina customers (includes remote and online sales).
  • Providing services within South Carolina.
  • Regularly soliciting business in South Carolina.

Specific Examples The following are likely to be considered doing business in South Carolina:

  • Operating a retail store or restaurant in South Carolina.
  • Having a South Carolina office.
  • Maintaining a warehouse or distribution center in South Carolina.
  • Providing consulting or repair services to clients in South Carolina.
  • Regularly selling products through an online store or marketplace to South Carolina residents.

Nexus and Remote Sellers South Carolina follows the concept of nexus, meaning that a sufficient connection with the state, whether physical or economic, can create tax obligations. Remote sellers (businesses without a physical presence) need to be aware of sales and transaction thresholds that may trigger sales tax obligations.

Where do I register, and what else is required?

South Carolina Secretary of State

  • A Certificate of Good Standing is required (dated within the past 90 days)

In addition:

  • A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.

  • You'll want to review the other registrations required in South Carolina. Here's a South Carolina specific guide we put together.

What is the registration fee?

The fee charged by South Carolina is $150.

How long does South Carolina usually take to process?

South Carolina usually takes approximately 1 - 2 weeks to process registrations.

What is required ongoing?

Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at South Carolina's:

C-Corporation

  • Filing Date: June 1
  • Filing Frequency: Annual

LLC

  • Filing Date: June 1
  • Filing Frequency: Annual

Non-Profit

  • Filing Date: June 1
  • Filing Frequency: Annual

There is an Easier Way

Automate registration and annual report tracking in AbstractOps.Automate registration and annual report tracking in AbstractOps.

This guide should definitely help reduce some of the confusion for South Carolina. However, if you have multiple states to worry about, you may look to:

  • Automate state registrations and annual reports

  • Centralize email, snail mail, state ID’s, and registered agents, and

  • Take control of action items, eliminating risks before they become penalties.

Start the AbstractOps product demo to see how easy this can be.

Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.


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