Introduction
Filing articles of incorporation is an essential step in establishing a business as a legal entity in South Carolina. This process provides your company with the legal framework and protection necessary to operate. In this article, we will outline the steps to file south carolina articles of incorporation.
Step 1: Choose a Business Name
Before filing articles of incorporation, it is important to choose a unique and appropriate business name. South Carolina requires that your business name is distinguishable from any other registered entities. You can search the South Carolina Secretary of State website to ensure the availability of your desired name.
Step 2: Registered Agent
A registered agent is an individual or entity responsible for accepting legal and official documents on behalf of the business. South Carolina law mandates that every corporation has a designated registered agent with a physical address in the state. This can be an officer, a director, or a professional registered agent service.
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Step 3: Prepare the Articles of Incorporation
To draft your articles of incorporation, ensure you include the following key information:
1. Business Name: Clearly state the exact legal name of your corporation.
2. Registered Agent: Provide the name and physical address of your registered agent.
3. Principal Place of Business: State the physical address of your principal place of business.
4. Purpose: Briefly describe the purpose or activities your corporation will engage in.
5. Duration: Determine if your corporation will have a specific duration or is intended to be perpetual.
6. Number of Shares: Declare the number and types of shares your corporation is authorized to issue.
7. Incorporators: Provide the names and addresses of individuals initiating the incorporation process.
Ensure your articles of incorporation meet South Carolina's legal requirements. [Here is an example] provided by the South Carolina Secretary of State that you can use as a reference while drafting your own.
Step 4: Filing and Fees
Fill out the articles of incorporation form neatly and accurately. Make copies of the completed document for your records. Submit the original articles, along with the appropriate filing fee, to the South Carolina Secretary of State. The current filing fee is $135, payable by check or money order made out to the "Secretary of State."
It is advisable to use certified mail, return receipt requested, to ensure a proof of delivery in case of any issues or disputes.
Step 5: Certificate of Existence
After the successful processing of the articles of incorporation, you can request a Certificate of Existence, also known as a Certificate of Good Standing, from the South Carolina Secretary of State. This certificate confirms that your corporation is validly registered and in compliance with all statutory requirements. Several entities, such as banks and investors, may require this document before engaging in business with your corporation.
Conclusion
Filing South Carolina articles of incorporation is a crucial step towards establishing the legal groundwork for your business. By choosing a unique business name, designating a registered agent, preparing an accurate document, and paying the required fee, you can successfully incorporate your business in South Carolina. Remember to request a Certificate of Existence to establish your corporation's credibility. Have a great start to your entrepreneurial journey in South Carolina!
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