How to Amend Articles of Organization in South Carolina (2024)


Steve Bennett
Steve Bennett
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Amend South Carolina Articles of Organization

Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in South Carolina, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Articles of Amendment with South Carolina SOS.

To amend your South Carolina Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the South Carolina SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend South Carolina Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.

What is Articles of Organization in South Carolina?

The Articles of Organization is a document that is required to form an LLC in South Carolina. The document must be submitted online or by mail to the South Carolina Secretary of State. Certain details need to be added while filing the South Carolina Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-

articles of organization
  • Name of your South Carolina LLC
  • The principal address of the LLC
  • Name and address of the South Carolina Registered Agent
  • Names of all the members and managers of the LLC
  • Summary of the LLC’s operation
  • Start date of the LLC
  • Purpose of the LLC
  • Signature of all the members and managers of the LLC

How to Amend South Carolina Articles of Organization

Changes such as name, physical address of the business, address or/and name of the South Carolina Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in South Carolina. There are three prominent steps to follow. The steps are as follows-

Step 1: Determine What Changes You Need in South Carolina LLC

The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.

These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Articles of Amendment with South Carolina Secretary of State.

Step 2: Draft the South Carolina Articles of Amendment

The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-

  • Name of the LLC
  • Purpose of the LLC
  • Entity filing number
  • Amendments
  • Members and Managers’ signature.
  • Along with these details, LLCs must submit more documents to the South Carolina SOS.

Step 3: File South Carolina Articles of Amendment

To file the Articles of Amendment in South Carolina, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in South Carolina, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).

For the online filing, the form must be submitted using the South Carolina Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the South Carolina Secretary of State’s Office, Attn: Corporate Fillings, 1205 Pendleton Street, Suite 525, Columbia, SC 29201. The amendment filing fee of $25 must be paid at the time of form submission.

Why Amend Articles of Organization?

There are six reasons why you need to file the Articles of Amendment in South Carolina. Following are the six points to note-

Change of South Carolina LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the South Carolina SOS through Amendment.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.

Tip from LLCBuddy

Change of South Carolina LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then South Carolina LLC has to file the amendment certificate.

Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the South Carolina SOS.

Change of South Carolina LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.

Change of the Purpose of South Carolina LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in South Carolina changes to a for-profit organization, or vice-versa, it must be filed with the SOS.

Change of South Carolina Tax Structure: The South Carolina LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with South Carolina SOS.

Cost to File South Carolina Articles of Amendment

The cost of filing the Amendment Certificate in South Carolina is $25. For other types of filing costs, please visit the official website of South Carolina Secretary of State.

Penalties for Not Filing Articles of Amendment

Failure to amend South Carolina Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in South Carolina. Another consequence of not filing an amendment in South Carolina is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend my South Carolina Articles of Organization?
To amend your South Carolina Articles of Organization, you must file Articles of Amendment with the South Carolina Secretary of State.
Can I make changes to the name of my South Carolina LLC through an amendment?
Yes, you can change the name of your South Carolina LLC by amending the Articles of Organization.
How much does it cost to file Articles of Amendment in South Carolina?
The filing fee to amend your South Carolina Articles of Organization is $10.
What information do I need to include in the Articles of Amendment for my South Carolina LLC?
You will need to include the name of your LLC, the date of filing of the original Articles of Organization, and the changes you are making.
Can I add or remove members from my South Carolina LLC through an amendment?
Yes, you can add or remove members from your South Carolina LLC by filing an Articles of Amendment.
Is there a deadline for filing an amendment to the South Carolina Articles of Organization?
There is no specific deadline for filing an amendment, but it is recommended to do so promptly after any changes are made.
How long does it take to process an amendment to the South Carolina Articles of Organization?
The processing time for an amendment to the South Carolina Articles of Organization is typically 3-5 business days.
Can I change the registered agent for my South Carolina LLC through an amendment?
Yes, you can change the registered agent for your South Carolina LLC by filing an Articles of Amendment.
Do I need to notify other members or managers of my South Carolina LLC when filing an amendment?
It is recommended to notify all members and managers of your South Carolina LLC when filing an amendment to the Articles of Organization.
Can I add or remove a manager from my South Carolina LLC through an amendment?
Yes, you can add or remove a manager from your South Carolina LLC by filing an Articles of Amendment.
What is the purpose of amending the Articles of Organization for a South Carolina LLC?
The purpose of amending the Articles of Organization is to reflect any changes to the structure or information of the LLC.
How do I obtain a copy of the original Articles of Organization for my South Carolina LLC?
You can request a copy of the original Articles of Organization from the South Carolina Secretary of State’s office.
Can I change the principal office address of my South Carolina LLC through an amendment?
Yes, you can change the principal office address of your South Carolina LLC by filing an Articles of Amendment.
What happens if I fail to file an amendment for my South Carolina LLC when necessary?
Failure to file an amendment for your South Carolina LLC when necessary may result in legal complications and penalties.
Can I change the purpose or activities of my South Carolina LLC through an amendment?
Yes, you can change the purpose or activities of your South Carolina LLC by filing an Articles of Amendment.
How do I know if an amendment to the South Carolina Articles of Organization is necessary?
An amendment is necessary whenever there are changes to the information contained in the original Articles of Organization for your South Carolina LLC.
Can I change the duration of my South Carolina LLC through an amendment?
Yes, you can change the duration of your South Carolina LLC by filing an Articles of Amendment.
Who has the authority to file an amendment to the Articles of Organization for a South Carolina LLC?
Any member or manager of a South Carolina LLC has the authority to file an amendment to the Articles of Organization.
Can I change the distribution of profits and losses in my South Carolina LLC through an amendment?
Yes, you can change the distribution of profits and losses in your South Carolina LLC by filing an Articles of Amendment.
How often do I need to amend the Articles of Organization for my South Carolina LLC?
You need to amend the Articles of Organization for your South Carolina LLC whenever there are significant changes to the business structure or information.
Can I change the voting rights of members in my South Carolina LLC through an amendment?
Yes, you can change the voting rights of members in your South Carolina LLC by filing an Articles of Amendment.
Do I need to publish notice of the filing of an amendment to the Articles of Organization for my South Carolina LLC?
No, there is no requirement to publish notice of the filing of an amendment to the Articles of Organization for a South Carolina LLC.
Can I change the management structure of my South Carolina LLC through an amendment?
Yes, you can change the management structure of your South Carolina LLC by filing an Articles of Amendment.
What is the most common reason for amending the Articles of Organization for a South Carolina LLC?
The most common reason for amending the Articles of Organization is to reflect changes in membership or ownership of the LLC.
Can I file an amendment to the Articles of Organization for my South Carolina LLC online?
Yes, you can file an amendment to the Articles of Organization for your South Carolina LLC online through the South Carolina Secretary of State’s website.
Can I change the registered office address of my South Carolina LLC through an amendment?
Yes, you can change the registered office address of your South Carolina LLC by filing an Articles of Amendment.
Will amending my South Carolina Articles of Organization affect my tax status?
Amending your South Carolina Articles of Organization should not affect the tax status of your LLC, but it is recommended to consult with a tax professional for clarification.
Can I change the allocation of income and losses in my South Carolina LLC through an amendment?
Yes, you can change the allocation of income and losses in your South Carolina LLC by filing an Articles of Amendment.
Can I add a new business purpose to my South Carolina LLC through an amendment?
Yes, you can add a new business purpose to your South Carolina LLC by filing an Articles of Amendment.
How do I amend the South Carolina Articles of Organization?
To amend the South Carolina Articles of Organization, you must file the appropriate form with the South Carolina Secretary of State.

Also Read

In Conclusion

While running a limited liability company in South Carolina, it might be possible to make changes. From the name of the business to the Registered Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Articles of Amendment is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.

This article shares all the important steps you need to follow to file the Articles of Amendment in South Carolina. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the South Carolina Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.

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