What is A South Carolina Amendment?
South Carolina requires companies to register with the state so that they can conduct business legally. It involves the submission of the Articles of Incorporation/Organization. If your company intends to make changes to any of the items listed there, you will have to undergo the amendment process.
Reasons Why You Need To File An Amendment
Some changes require you to file an amendment. Generally, if the change that your South Carolina company wants to make affects the formal entity structure of the business, you will have to file an amendment with the state.
A. Changing The Company Name –
- LLCs
The name of your company represents your South Carolina LLC. So, if your LLC decides to operate under a new name, it is necessary to inform the state of your plan. Submit an amendment. Additionally, you will also have to make sure that all the official records of the company are updated.
- Corporations
A South Carolina corporation also needs to file an amendment to inform the state of its plan to change its company name. Aside from this, your company also has to check all legal records with the state and government and ensure that they reflect the new name.
B. Changing Members Of The Business –
- LLCs
South Carolina does not require LLCs to submit information about the members of the company. However, LLCs have to report the names, addresses, and contact information of their managers. Any changes to these pieces of information must be reported to the Secretary of State through an amendment.
- Corporations
South Carolina corporations do not have to disclose information about their officers and directors. However, it is necessary to list the names of directors on the annual report that the company submits to the Department of Revenue. If there is an update on the information related to the officials, your company can send a letter to the Department of Revenue. The letter has to bear the corporate letterhead and the signature of an officer.
C. Changing Address Related To The Business –
- LLCs
The state needs to know the location of your LLC office. They have to be able to access you if they need to. So, you have to update them on any changes. However, you cannot use an amendment form for this. Your LLC will have to file the Notice of Change of Designated Office/Agent for Service of Process or Address of Agent – Limited Liability Company.
- Corporations
South Carolina does not allow corporations to make changes to their operating address or registered office through an amendment. Your corporation will have to update its address on the annual tax return. You can also submit a Change of Address/Business Location form. Another alternative is to send a letter to the Department of Revenue. It has to bear the corporate letterhead and the signature of an officer.
D. Changing Contact Information –
- LLCs
The state has to have a way to communicate with your South Carolina LLC. If you change any official contact information, you have to report it to the Secretary of State. Your LLC has a registered agent that serves as its point of contact with the state. Report any changes regarding your registered agent using the Notice of Change of Designated Office or Agent for Service of Process, or Address of Agent – Limited Liability Company.
- Corporations
The same rule applies to South Carolina corporations. Inform the Secretary of State of any changes to the corporation’s contact information. Since the registered agent serves as the recipient of legal documents on behalf of your corporation, you have to inform the state if there are any changes using the Notice of Change of Registered Office or Registered Agent.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – South Carolina LLCs do not issue stock This amendment is not relevant to them. But if your South Carolina corporation wants to change its stock, you will have to file an amendment. Doing this will inform the state of your intention to change the number of shares your company is allowed to sell.
What Is Needed To File An Amendment?
LLC
South Carolina LLCs have to file 2 copies of the completed Amended Articles of Organization with the Division of Business Filings of the Secretary of State. You can download the form from their website. Make sure you use black ink only. You can submit the documents by mail or in person. Include $110 for the fee.
Corporation
Corporations have to file 2 copies of the completed Articles of Amendment form with the Division of Business Filings of the Secretary of State. You can download the form from their website. Make sure you use black ink only. You can submit the documents by mail, UPS/FedEx, or in person. Do not forget the $110 filing fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to South Carolina business owners who need help in handling formalities to ensure compliance with the state.
South Carolina Amendment FAQs
Is There A Filing Fee For The Amendment?
The filing fee for an amendment is $110.
What Information Is Required For The Articles Of Amendment?
LLCs have to provide the following information:
- Name of the company
- Organization date
- Exact text of the amendment
- Authorized signature
Corporations have to provide the following:
- Name of the company
- The date of incorporation
- Adoption date
- Exact text of the amendment
- Authorized signature
How Long Does It Take The State To Process The Amendment?
The Division of Business Filings usually finishes the processing of amendments within 2 business days. The process may take longer depending on the workload of the staff.
Do You Receive A Copy Of The Certified Amendment From The State?
If your company files in duplicate with a self-addressed and stamped envelope, the division will return a copy by mail.
South Carolina Business Resources
South Carolina Office of Secretary of State
Phone:
(803) 734-2158
Address:
South Carolina Secretary of State
1205 Pendleton Street, Ste. 525
Columbia, SC 29201
If you’re interested in more info on filing an amendment, call 888-366-9552.