South Carolina Foreign Qualification

Why You Need To Do It – If a company will have any kind of physical presence in South Carolina but was formed in another state, it will have to take steps to foreign qualify before you legally start operations within South Carolina.

When Should You Do It? – The sooner, the better. Once you decide that you’re going to branch out into South Carolina, you should start the process to avoid potential problems with delays or speed bumps on the way to full foreign qualification and compliance. Generally, you will need to receive South Carolina foreign qualification if your company falls under any of the following criteria:

• Has a physical presence in South Carolina
• Buying a property there
• Have remote employees
• Accepts orders in South Carolina
• Owns a bank account in South Carolina

There are several steps that a business has to take in order to receive South Carolina foreign qualification. These include the following.

1. Obtain Certificates – You will need to obtain an original Certificate of Existence or its equivalent from your home state. Additionally, you must file an Application for a Certificate of Authority. This form is available for download on the Secretary of State’s website. Corporations will also have to submit an Initial Annual Report form.

2. Collect And Submit Information – The forms will request a variety of basic information about your business.

LLC

• LLC name registered in the home state
• Name of the home state
• Principal office street address
• The street address of the designated office in South Carolina
• Name and address of the registered agent in South Carolina
• Duration of the LLC
• The management structure
• Names and addresses of managers if the LLC is manager-managed
• Indication if one or more members are liable for the company’s obligations
• An authorized signature

Corporation

• Corporation name
• Name of the home state
• The original date you formed the corporation
• Duration of the corporation
• Principal office address
• Address of proposed registered office in South Carolina
• Name and address of the registered agent
• Name and business addresses of directors and officers
• The aggregate number of shares the corporation has authority to issue, itemized by class and series
• An authorized signature

3. Appoint Registered Agent – Your registered agent is the person who will handle the majority of the foreign qualification process as well as maintaining full compliance. Most businesses elect to use a third party provider like DoMyLLC to handle this for them in order to simplify their daily activities.

4. File The Application – Once you finish filling out the paperwork, file two copies of it with the Secretary of State along with a filing fee of $110 for both a Corporation and an LLC. Corporations will also have to file an initial annual report with a $25 filing fee.

5. Ongoing Maintenance – Businesses in South Carolina must stay current on all of their taxes. Unlike some other states, there is no fee or any annual report requirements. As long as all taxes are paid and current, the business will be compliant.

Business leaders have a lot to worry about on a daily basis. We do all of the work involved in South Carolina foreign qualification so you have more time to focus on other aspects of your business. We provide:

•     Name availability checks
•     Full filing and registration
•     Dedicated account managers
•     Ongoing, unlimited customer support

If you’re planning on starting operations in South Carolina, contact us to ensure that you get foreign qualified quickly and easily.

Related Articles

• When to Foreign Qualify a Business
• When do you Need a Certificate of Good Standing?
• Business Tax Overview
• Searching Corporate Names
• Annual Report Due Dates and Fees

Business Filing Services

• Obtain a Certificate of Good Standing
• File a DBA
• Form an LLC
• Form a Corporation
• Foreign Withdrawal