How to Get Certificate of Existence in South Carolina (2024)

Get South Carolina Certificate of Existence

The Certificate of Existence in South Carolina is a significant document that is required if you expand your business to another state. When you file an LLC in South Carolina, you must submit a handful of documents to the Secretary of State. In case you take your business beyond the state border, you need this additional document, commonly known as the Certificate of Good Standing.

In this article, LLCBuddy editors share the ins and outs of South Carolina Certificate of Existence. You’ll also learn what the uses of this document are other than having a foreign LLC out of state. We shared how to get the Certificate of Existence in South Carolina. The Certificate of Existence is one of the most important documents your business needs. Whether it is the LLC filing or a corporation filing in South Carolina or any other form of business, the Certificate of Existence must be obtained. Let’s dive in and get your business one step closer to achieving its goals!

What is Certificate of Existence in South Carolina

The Certificate of Existence is a document that every business in South Carolina requires to obtain. This document states that the company (LLC, Corporation in South Carolina, Partnership, etc.) complies with the State government. In other words, the business has fulfilled all the legal requirements in South Carolina. Whether you form an LLC or any other form of business, you must get this document.

If you take your business to a different state, Certificate of Existence will be a necessary document to be produced. It shows that your business does not have any illegitimate or outlawed activities. Besides, to restore or reinstate an LLC in South Carolina after dissolution, you must obtain this document.

What Information You Have in South Carolina Certificate of Existence

The Certificate of Existence consists of very pivotal information related to your business. Following is the information your Certificate of Existence will have-

The entity type (LLC, Corporation, LLP, LP, or any other registered entity type) when it was formed
The date of filing the business entity (filing the formation document).
The current name and address of the business entity
Whether the business entity exists today
Name and address of the Registered Agent
The State where the document is issued
A declaration that the business entity has paid all the required taxes and complies with all applicable legal requirements.
A declaration that the business entity met all the requirements to get the document.

Who Should Obtain the Certificate of Existence

Any business entity, a Limited Liability Company (LLC), a Corporation, a Limited Liability Partnership (LLP), a Limited Partnership (LP), or any other registered business structure in South Carolina is eligible to obtain the Certificate of Existence. Anyone with a sole proprietorship does not need to obtain the Certificate of Existence because sole proprietorship companies do not have to register their business.

How to Obtain South Carolina Certificate of Existence

The South Carolina Secretary of State issues this document. To obtain the Certificate of Existence, you must fill out the form and send it to the South Carolina SOS along with the required filing fees. There is some information you will need to enter while submitting the form. Here are the points to add-

Step 1: Get the Form

In South Carolina, one can request and purchase the Certificate of Existence online. You can visit the South Carolina Secretary of State and log in to the portal. On your dashboard, find the Certificate option and order as per the process.

The following points are required to be mentioned in the form-

Details of The Requester: The first information you need to provide is the details of the requester. Provide your full name, address (which can be your business address), and phone number.

Name of Your Business: Provide the exact name of your business. Make sure no spelling mistakes are made. The spelling must be the same as mentioned in the Certificate of Formation. Besides the name, provide the company registration number or file number. The SOS issues this number after you file the Certificate of Formation. This is not mandatory, but it is recommended that you share the file number to get the process done quickly.

Details of Return Method: The certificate can be collected in person or by mail from South Carolina SOS. If you request the document in person, you can take the return in person or by mail. Choose which way you want it.

Copies of the Certificate: You can request the number of copies of the certificate from SOS. There is a box in the form you need to check for multiple copies of this document. You can obtain more than one copy of the Certificate of Compliance for various purposes. It is recommended that more copies of the certificate be obtained for future use.

Fax Copy of the Certificate: You might get a Fax copy before receiving the certificate’s hard copy. This is one of the options available in some of the states. If you want to receive the fax copy of the certificate, you must provide the fax number while filing the form.

Copies of Other Documents: If you want, you can request copies of other documents filed with the SOS. Other documents include the South Carolina Articles of Organization for LLCs, Articles of Incorporation for corporations, LLC amendment, corporation amendment, and other registered documents with the SOS. This is optional, and you can avoid this. You must pay a stipulated fee for every copy you request.

Step 2: Submit the Form

You can submit the form online, by mail, or in person, whichever is available and more convenient. Send the form to the South Carolina Secretary of State’s Office, Attn: Corporate Fillings, 1205 Pendleton Street, Suite 525, Columbia, SC 29201 for offline filing. You must search the South Carolina SOS official website for the appropriate form.

Step 3: Filing Fee and Processing Time

A filing fee of $14 must be paid to the SOS to obtain the Certificate of Existence. The amount might be more depending on the number of copies you request. If you request other document copies, you might have to pay an additional fee for that.

Processing Time: The Certificate of Existence’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Existence in South Carolina.

Step 4: Receive the Certificate of Existence

Once you submit the form and the necessary filing fee, your forms start processing. The process might take a lot of time. If you do not want to wait, you can check with the South Carolina SOS if they have expedited filing or not. In South Carolina, it can take up to a few months to receive the Certificate of Existence.

Why Do You Need a Certificate of Existence

The Certificate of Existence in South Carolina is a character certificate of any business. Obtaining this document makes your business legitimate officially. You need this document every now and then while making business decisions. You must obtain the document for the following reasons,

To get business loans and advances or investors
To get business bank accounts
To purchase insurance for business coverage
To renew licenses & permits
To set up your business in other states, for example, a Foreign LLC.
To sell or transfer your business completely or partially to another.
To get into a legal business contract with other businesses or clients.
If your LLC is dissolved for any administrative reasons and you want to restore it, you must obtain the Certificate of Existence for reinstatement.

The document is required as much as the formation document. Hence, obtaining the South Carolina Certificate of Existence is needed.

FAQs

What is a South Carolina Certificate of Existence?

A South Carolina Certificate of Existence is a document that confirms a company’s existence and compliance with state regulations.

How can I obtain a South Carolina Certificate of Existence?

You can obtain a South Carolina Certificate of Existence by submitting a request through the Secretary of State office or online.

Why do I need a South Carolina Certificate of Existence?

A South Carolina Certificate of Existence is often required for various business purposes such as obtaining financing, entering into contracts, or doing business in other states.

How much does a South Carolina Certificate of Existence cost?

The cost of a South Carolina Certificate of Existence varies depending on the processing method and urgency of the request.

How long is a South Carolina Certificate of Existence valid for?

A South Carolina Certificate of Existence is typically valid for a specific period, usually around 30-60 days.

Can I request a South Carolina Certificate of Existence online?

Yes, you can request a South Carolina Certificate of Existence online through the Secretary of State’s website.

What information is included on a South Carolina Certificate of Existence?

A South Carolina Certificate of Existence typically includes the company name, date of formation, current status, and whether the company is in good standing with the state.

How long does it take to receive a South Carolina Certificate of Existence?

The processing time for a South Carolina Certificate of Existence can vary, but typically range from a few days to a few weeks.

Can I expedite the processing of a South Carolina Certificate of Existence?

Yes, you can expedite the processing of a South Carolina Certificate of Existence for an additional fee.

Can I use a South Carolina Certificate of Existence for international purposes?

Yes, a South Carolina Certificate of Existence can be used for international purposes to demonstrate the company’s good standing.

Do I need a South Carolina Certificate of Existence to open a bank account?

Some banks may require a South Carolina Certificate of Existence to open a business bank account.

Can I request copies of a South Carolina Certificate of Existence?

Yes, you can request multiple copies of a South Carolina Certificate of Existence for an additional fee.

How do I know if my business is in good standing with South Carolina?

You can check the status of your business by requesting a South Carolina Certificate of Existence or through the Secretary of State’s online database.

What is the difference between a South Carolina Certificate of Existence and a Certificate of Good Standing?

A South Carolina Certificate of Existence confirms a company’s existence, while a Certificate of Good Standing also confirms compliance with state requirements.

Can a South Carolina Certificate of Existence be notarized?

Yes, you can request a notarized South Carolina Certificate of Existence for an additional fee.

Is a South Carolina Certificate of Existence the same as a Certificate of Status?

Yes, a South Carolina Certificate of Existence is also known as a Certificate of Status in some states.

Can I get a South Carolina Certificate of Existence for a non-profit organization?

Yes, non-profit organizations in South Carolina can also request a Certificate of Existence.

Can I request a South Carolina Certificate of Existence for a foreign (out-of-state) entity?

Yes, you can request a South Carolina Certificate of Existence for a foreign entity that is authorized to do business in the state.

Do I need a South Carolina Certificate of Existence to apply for government contracts?

Some government contracts may require a South Carolina Certificate of Existence as part of the bidding process.

Can I request a South Carolina Certificate of Existence on behalf of someone else?

Yes, you can request a South Carolina Certificate of Existence on behalf of another individual or company with their permission.

What happens if my South Carolina Certificate of Existence is incorrect or missing information?

If there are errors or missing information on your South Carolina Certificate of Existence, you can request a correction or amendment from the Secretary of State.

Can I download a South Carolina Certificate of Existence online?

Yes, you can download a South Carolina Certificate of Existence online once it has been approved and issued by the Secretary of State’s office.

Is a South Carolina Certificate of Existence the same as a business license?

No, a South Carolina Certificate of Existence confirms a company’s existence, while a business license grants permission to operate within the state.

Can I use a South Carolina Certificate of Existence as proof of ownership?

A South Carolina Certificate of Existence may not serve as proof of ownership but rather as confirmation of a company’s legal existence in the state.

Can I request a South Carolina Certificate of Existence if my business is no longer active?

Yes, you can request a South Carolina Certificate of Existence for a dissolved or inactive company as long as it was once registered in the state.

Can I request a South Carolina Certificate of Existence for a sole proprietorship?

A South Carolina Certificate of Existence is generally issued for formal business entities such as corporations, LLCs, and partnerships, rather than sole proprietorships.

Can I request a South Carolina Certificate of Existence for a trade name or DBA?

A South Carolina Certificate of Existence is typically issued for formal business entities, not for trade names or “doing business as” (DBA) entities.

Can I verify the authenticity of a South Carolina Certificate of Existence online?

You can typically verify the authenticity of a South Carolina Certificate of Existence online through the Secretary of State’s website by entering the unique certificate number.

Can I request a South Carolina Certificate of Existence for a foreign individual?

A South Carolina Certificate of Existence is typically issued for business entities rather than foreign individuals but may be required in certain transactions involving an individual’s business activities in the state.

Can I request a South Carolina Certificate of Existence to prove compliance with tax regulations?

While a South Carolina Certificate of Existence provides confirmation of a company’s existence and standing with the state, it may not specifically address tax compliance requirements.

In Conclusion

The Certificate of Existence is a vital document for any business entity in South Carolina, as it enables you to expand your operations throughout the United States. It’s essential to provide accurate and truthful information in this document. If you plan to establish the same business in another state, obtaining a Certificate of Existence is necessary.

While forming a Limited Liability Company (LLC) or a Corporation in South Carolina, it is necessary to have some documents filed with the State authority. The Certificate of Existence is one of them. In some cases, if the business gets shut down or dissolved due to administrative reasons, this document helps the owners retrieve their business in the future. In this article, we shared DIY ways to get the document, but you can always hire a professional to get that for you.