How Long Does It Take to Form an LLC in South Carolina?

11 Oct, 2023

On Behalf of Mack & Mack Attorneys | business law

When forming and launching a business in South Carolina, you may want to consider creating a limited liability company (LLC). Creating an LLC allows your business to protect and separate its personal assets better than if you were an individual entity. However, going through this process takes a significant amount of time, as the process includes plenty of paperwork and other information that everyone involved must complete.

It’s common for local business owners to ask how long this process is and whether it’s worth it. We’ve illustrated how long the process can take depending on how you file your paperwork, and we hope the following guide explains this process and its timeframe more clearly.

The Time It Takes to Form an LLC

To answer the leading question, it takes one to two days to form an LLC in South Carolina. However, if you submit your required paperwork by mail, the process then increases to anywhere from three to four weeks. When submitting paperwork and other information to the Secretary of State, they must go through all of the information and approve it. This takes longer if you submit by mail, whereas if you meet with the Secretary of State in person, the process can be accelerated considerably.

How to File for an LLC

There are multiple different ways a business can file for an LLC formation. Arguably, the most common method is by submitting paperwork online. You can create an account on the Secretary of State’s website and submit your information there. Your application is then reviewed and processed in the next day or two. If your business is approved for an LLC status, they must then send you an email alerting you of the decision.

You can also form an LLC by filing paperwork and sending it in via mail. Along with your one-time fee of $110 to file, you can mail your signed documents to the office, which are then processed and reviewed. Keep in mind, however, that this method takes three to four weeks to process compared to the two-day maximum through online documents. This is because there is more information that needs to be verified through this method, and if it looks accurate, it takes additional time to process and enter into a system.

Finally, you can go in person and meet with the Secretary of State. You can complete the Articles of Organization and initial report, as well as the $110 filing fee, and submit it in person for review. This process also only takes a couple of days to review, and some people opt for this method due to the short time period and convenience.

Why You Should Hire Legal Representation

Theoretically, you can navigate the detail-oriented and complicated legal system alone, though this is risky if you’re trying to form an LLC. Instead, a knowledgeable business attorney can help you and your business make sense of the situation and legal process. This can usually be a time-consuming process, and you may become impatient waiting to hear back about your submission. You may start to wonder if you did something wrong in the application process, and trying to correct this can only increase the time spent trying to form an LLC.

To avoid this situation completely, consider speaking with an experienced attorney about your concerns and allow them to help you file the paperwork accurately and timely.

FAQs

Q: How Much Does It Cost to Start an LLC in South Carolina?

A: It costs $110 to file an LLC form. This payment is made only once, and there are no annual or monthly payments following this one. However, if you hire a registered agent to assist you with legal documents and state notices, you may need to pay at least an additional $100 a year. You can avoid paying this if you opt to be your own registered agent, however.

Q: Is an LLC Free in South Carolina?

A: No, you cannot start an LLC in South Carolina without paying the $110 fee at the start. The Articles of Organization is a document you must complete when filing for an LLC, as this contains relevant information about your business that the Secretary of State must verify. If you wish to create an LLC in South Carolina, you must be prepared to pay $110 to file; otherwise, your documentation will be considered invalid.

Q: How Can I Get an LLC in South Carolina?

A: To get an LLC in South Carolina, you must fill out the Articles of Organization in South Carolina at the Secretary of State’s office. Also, you may need to fill out an initial report that lists the names of your business, owners, and more. After submitting this information via mail, in-person, or online, you must wait for confirmation that you’ve been approved, and this can take at least three weeks to do if you opt to do it through the mail.

Q: Does South Carolina Allow Single Member LLC?

A: Yes, South Carolina does indeed allow for single member businesses to file for an LLC. If you opt for this type of LLC, you can expect to be taxed like a sole proprietorship. Meanwhile, an LLC with at least two members is considered a partnership. If you have a solo business and are looking to form an LLC, you can do so without any partners, though you may want to contact legal assistance when filing.

We Can Help You File for an LLC

Filing for an LLC is challenging, especially if you’ve just started a business or don’t have any prior experience doing this. You don’t have to attempt this alone. Instead, our team at Mack & Mack Attorneys can step in and ensure you’re going through this process correctly and accurately. We have more than eight decades of experience helping South Carolina business owners form an LLC, and we’re prepared to review your paperwork for you so your odds of being approved increase.

Contact us today to learn more about LLCs, as well as schedule a consultation.

Talk to an Experienced Attorney Today