Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in South Carolina.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in South Carolina.
NOTE: If you need help changing registered agents, the same services that are known for offering online LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a South Carolina Registered Agent?
A South Carolina registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of South Carolina. According to Title 33, Chapter 5 of the South Carolina Code of Laws, each business entity needs a registered agent that is either:
- an individual who resides in this state and whose business office is identical with the registered office; or…
- a domestic corporation or not-for-profit domestic corporation whose business office is identical with the registered office; or…
- a foreign corporation or not-for-profit foreign corporation authorized to transact business in this state whose business office is identical with the registered office.
For more general information regarding the role of a registered agent with a South Carolina LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in South Carolina?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In South Carolina, the only way for a limited liability company to change its registered agent is by filing a Notice of Change form with the Secretary of State.
Option 1) Filing a Notice of Change Form
To change an LLC’s registered agent in South Carolina, you need to file a Notice of Change of Designated Office, Agent for Service of Process, or Address of Agent form. There is a $10 fee associated with this filing, and you can submit the form online, via email, or in person.
The South Carolina Secretary of State has estimated processing times available on their FAQ page. In most cases, online filings are processed within 24 hours, while paper filings typically take 2-3 business days, although paper filings may take a bit longer during peak periods.
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in South Carolina
It’s always important to be well-informed regarding the specific laws for changing your registered agent. South Carolina’s registered agent laws vary depending on business entity type, but not by foreign/domestic classification, so all limited liability companies in this state operate by the same rules and regulations.
Specifically, we can look to Title 33, Chapter 44 of the South Carolina Code of Laws, which states:
- “A limited liability company may change its designated office or agent for service of process by delivering to the Secretary of State for filing a statement of change which sets forth:
- the name of the company;
- the street address of its current designated office;
- if the current designated office is to be changed, the street address of the new designated office;
- the name and address of its current agent for service of process; and
- if the current agent for service of process or street address of that agent is to be changed, the new address or the name and street address of the new agent for service of process.”
If you operate a limited liability company in the state of South Carolina, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In South Carolina, an LLC may change its registered agent only by filing a Notice of Change form with the Secretary of State. It’s a simple document with a reasonable filing fee, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in South Carolina, and as always we thank you for choosing Registered Agent Ready!