South Carolina Certificate of Authority
A South Carolina Certificate of Authority is a crucial document needed by foreign corporations seeking to conduct business in the state of South Carolina. Issued by the South Carolina Secretary of State, this certificate grants permission for the corporation to legally operate in the state and ensures compliance with all relevant laws and regulations. Without this certificate, a corporation may face penalties and limitations in conducting business activities within South Carolina.
Obtaining a South Carolina Certificate of Authority involves submitting a formal application, along with all required documentation and fees, to the Secretary of State’s office. This process helps to verify the legitimacy and authenticity of the corporation, ensuring that it meets all necessary criteria to conduct business within the state. Once granted, the certificate serves as evidence of the corporation’s authorization to operate in South Carolina and allows it to establish a physical presence, hire employees, and enter into contracts within the state.
Contents
What is a South Carolina Certificate of Authority?
Businesses must register with the South Carolina Secretary of State before conducting operations in the state. Companies incorporated elsewhere usually apply for a South Carolina certificate of authority, which designates them as a foreign entity and obviates the need to establish a new entity.
Operating without this certificate can lead to penalties or fines, and various entities such as licensing agencies, banks, and vendors often require it.
Common reasons for seeking a certificate of authority include:
- Establishing a physical presence or office in the state
- Employing individuals residing in the state
- Commencing work under a contract in a new state
- Fulfilling requirements of vendors, banks, or licensing authorities
How to obtain a South Carolina Certificate of Authority?
To acquire your South Carolina Certificate of Authority, you must complete an Application for Certificate of Authority and provide necessary certificates or certified copies from your home state. You must also appoint a registered agent for your filing to be accepted. Adhere closely to the state’s guidelines to avoid rejection due to minor errors.
For Foreign Corporations:
- Agency: South Carolina Secretary of State – Division of Business Filings
- Form: Application for a Certificate of Authority to Transact Business
- Filing Method: Mail or online
- Agency Fee: $110 + $25 initial report fee + $19 online filing fee if submitted online
- Law: SC Code § 33-15-103
- Certified Copy Requirement: Not needed
- Certificate of Good Standing Requirement: Certificate of existence dated within 30 days
For other entity types, similar procedures apply, along with specific fees and laws.
What is the role of a registered agent?
A registered agent accepts legal documents and official notifications on behalf of your business. When applying for a South Carolina Certificate of Authority, you must designate a registered agent with a physical address within the state. Utilizing a local registered agent service that offers same-day document scanning for a flat annual fee can fulfill this requirement efficiently.
State Contact Information
South Carolina Secretary of State – Division of Business Filings
Physical Address: Edgar Brown Building, 1205 Pendleton Street, Suite 525, Columbia, SC 29201
Mailing Address: SC Secretary of State’s Office, 1205 Pendleton Street, Suite 525, Columbia, SC 29201
Phone: (803) 734-2158
Website: sos.sc.gov/online-filings/business-entities
Name Search: businessfilings.sc.gov/BusinessFiling/Entity/Search
Forms: businessfilings.sc.gov/businessfiling/Home/CategorizedForms
Online Filing: businessfilings.sc.gov/businessfiling/Home