South Carolina Certificate of Authority / F0008 for LLCs
Form F0008: the LLC application for a South Carolina certificate of authority
Form F0008, the Application for a Certificate of Authority by a Foreign Limited Liability Company, is the paper a foreign LLC files to obtain a South Carolina certificate of authority, and the fee is $110. It is authorized by the LLC Act at section 33-44-1002. We prepare it for $199.
F0008 in brief
- Official title
- Application for a Certificate of Authority by a Foreign Limited Liability Company
- Number
- Form F0008
- Statute
- LLC Act, section 33-44-1002
- Fee
- $110
- Copies
- Two
- Attachment
- Certificate of existence, under 30 days old
- Signer
- A manager when management is vested in managers, otherwise a member
- Where
- South Carolina Secretary of State
What does the application have to say?
The LLC Act makes the application state the company name (or a fictitious name where its own is unavailable), the state or country of organization, the street address of its principal office, its designated office in South Carolina, the name and street address of its initial agent for service of process, whether it has a fixed term, whether it is manager-managed with each initial manager's name and address, and whether members are liable for company debts under a provision like section 33-44-303(c).
Each point and where the answer comes from
| Point | What to give | Source of the answer |
|---|---|---|
| Name | The home name, or a fictitious name | The home certificate, or the resolution adopting a fictitious name |
| State of organization | The state or country | The formation papers |
| Principal office | A street address | Where the business is run |
| Designated office | A South Carolina address | Need not be a place of business |
| Initial agent | Name and street address | The person who agreed to serve |
| Term | A fixed period, or none | The operating agreement |
| Management | Members or managers, with names | The operating agreement |
| Member liability | Whether members are shielded, as in section 33-44-303(c), or not | The operating agreement |
How do I choose the name?
It must be distinguishable on the Secretary of State records from every corporation, limited partnership and company on file, every reserved or registered name, and the fictitious name of another foreign LLC. If it is not, adopt a fictitious name by a resolution of the managers or members and file Form F0022, which costs $2. The Secretary of State ranks "name not available" first among its rejection reasons.
Who can serve as the agent?
An individual resident of South Carolina, a domestic corporation, another limited liability company, or a foreign corporation or foreign company authorized to do business in the state.
What certificate goes with it?
An original certificate of existence not more than 30 days old, or a record of similar import, authenticated by the Secretary of State or other official who keeps the LLC's records in its home state or country.
What do the form's instructions add?
They say two copies of the form are filed, the original and either a duplicate original or a conformed copy; a self-addressed stamped envelope can be enclosed to receive a filed copy by mail; a manager signs when management is vested in managers and a member when it is reserved to the members, saying in which capacity; and the filing fee, payable to the Secretary of State, goes with the form. Extra sheets can be attached if space is short, with a reference to the paragraph.
Where does the package go?
To Secretary of State, ATTN: Corporate Filings, 1205 Pendleton Street, Suite 525, Columbia, or through Business Entities Online at businessfilings.sc.gov.
What am I agreeing to by applying?
By signing, the LLC agrees to answer to the Department of Revenue and the state courts over its South Carolina tax, withholding and estimated tax included. It does not agree that any tax is due.
What do I get back?
A receipt and the filed application, and with them authority to transact business, once the Secretary of State has filed it and been paid.
What if the form is wrong?
The Secretary of State returns an application that fails as to form, with a reason. Fix the point and file again with the fee.
What do I do first?
Search the name first. A clash means preparing a fictitious name resolution, and the rest of the filing waits on that answer.
Filing F0008 through us
Answer the questions
Name, state of organization, offices, agent, term, management, member liability.
Check the draft
Compare each point with the operating agreement.
Sign and state your capacity
A manager when management is vested in managers, otherwise a member.
We request the certificate
Dated close to the filing date.
We send two copies and the fee
$110 to the Secretary of State.
Registered agent: first year included, then $149 a year
$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
F0008 questions
Is F0008 only for LLCs?
Yes. A corporation files a different form, F0002.
Does F0008 need a notary?
No notary is mentioned; the signer states the capacity.
What if the LLC has no fixed term?
Say so in the term point.
Price summary
Get your South Carolina certificate
Georgia or any stateSouth Carolina
$199
+ $110 to the state
- Your certificate of authority application, drafted from a questionnaire
- The home-state certificate requested on the right date
- A South Carolina agent for service if you need one
- The filed copy and the state's receipt
- Renewal: after the first year, the agent service renews at $149 a year
The $110 state fee is the LLC and corporation fee, paid to the Secretary of State and itemized separately; a corporation also pays a license fee, and other entity types are priced on the cost page. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Official sources
- Form F0008, application for a certificate of authority (foreign LLC), with filing instructions
- S.C. Code Title 33, Chapter 44, Uniform Limited Liability Company Act
- South Carolina Secretary of State, FAQs about business entities
- S.C. Code Title 33, Chapter 1, general provisions, fees and taxes
- Form F0002, application by a foreign corporation for a certificate of authority
- S.C. Code Title 33, Chapter 31, nonprofit corporations
- South Carolina Business Entities Online
- Form F0022, adopting a fictitious name
- Form F0054, foreign LLC certificate of cancellation of authority
- S.C. Code Title 33, Chapter 15, foreign corporations
Need a South Carolina certificate of authority?
Send the entity type and we take over the filing.