South Carolina Articles of Incorporation

South Carolina articles of incorporation are filed to create a corporation.

Preparing and filing your articles of incorporation is the first step in starting your business corporation. Approval of this document secures your corporate name and creates the legal entity of the corporation. Only after this approval can the corporation apply for tax IDs, obtain business licenses, sign contracts, and otherwise conduct business.

Benefits

Incorporating provides many important benefits:

• Limits the liability of directors, officers, and shareholders
• Fulfills statutory requirements to register your business name
• Provides governance and adds credibility

Fast Facts

For Domestic Corporations:

Agency:	South Carolina Secretary of State - Division of Business Filings
Form:	Articles of Incorporation (§33-2-102)
Filing Method:	Mail or online.
Agency Fee:	$135
Turnaround:	~7-10 business days by mail. ~1-2 business days online.
Law:	S.C. Code Ann. §33
Notes:	If filing by mail, submit the original, one copy, filing fee, and a self-addressed stamped envelope. The articles must contain a certificate, signed by an attorney licensed to practice in South Carolina, that all of the requirements of Chapter 2, Title 33 of the 1976 South Carolina Code of Laws have been complied with. (S.C. Code Ann. §33-2-102(a)(6)) Consider optional provisions.

For Domestic Professional Corporations:

Agency:	South Carolina Secretary of State - Division of Business Filings
Form:	Articles of Incorporation
Filing Method:	Mail or online.
Agency Fee:	$110

For Domestic Close Corporations:

Agency:	South Carolina Secretary of State - Division of Business Filings
Form:	Articles of Incorporation for a Statutory Close Corporation
Filing Method:	Mail or online.
Agency Fee:	$135

For Domestic Close Professional Corporations:

Agency:	South Carolina Secretary of State - Division of Business Filings
Form:	Articles of Incorporation Professional - Statutory Close Corporation
Filing Method:	Mail or online.
Agency Fee:	$135

Other Helpful South Carolina Facts

As you are preparing to incorporate, keep in mind the following requirements specific to South Carolina.

South Carolina Directors

• Number: One or more required.
• Qualifications: None.
• Quorum: Majority of directors, unless bylaws or articles of incorporations fix a different number. No less than one third.

South Carolina Officers

• As stated in the bylaws, but a minimum of one. One person may hold multiple offices. One officer is required to be responsible for maintaining corporate records.

South Carolina Bylaws

• Required: Yes.

South Carolina Annual Shareholder Meeting

• Required: Yes, unless all action taken by unanimous consent.
• Action by written consent: Allowed if by all shareholders entitled to vote on the action.

South Carolina Shareholders

• Qualifications: N/A
• Stock Certificate: Not required.
• Voting Trusts Allowed: Yes.