LLC Amendment and Legal-Name-Change Filing Requirements in South Carolina
At a glance
| Governing law and covered public record | South Carolina Uniform Limited Liability Company Act of 1996, S.C. Code title 33 ch. 44; amend or restate the domestic LLC's public Articles of Organization by filing with the Secretary of State (§§ 33-44-202 to -206) |
|---|---|
| Mandatory, permitted, and restatement routes | Articles may be amended at any time; § 33-44-204 states no general amendment deadline. Restated articles may be filed at any time, must be labeled, and identify the present name, every former name if changed, and initial filing date (§ 33-44-204) |
| Legal name and availability | Use amended articles for a legal-name change. The name needs an approved LLC/limited-company designator and must be distinguishable unless the existing user consents with an undertaking to change or a final judgment establishes the right (§§ 33-44-105, 33-44-204; SOS FAQ) |
| Internal approval and private consents | Default consent of all members for an articles amendment in either a member- or manager-managed LLC. The operating agreement regulates company affairs and Chapter 44 supplies the rule when it is silent, subject to nonwaivable limits. Name-conflict consent is a separate filing condition (§§ 33-44-103, 33-44-105, 33-44-404) |
| Filing contents and attachments | State the LLC name, original articles filing date, and amendment. Current Form F0030 says amended provisions must be lawful, permits referenced attachment sheets, and requires two copies for paper filing plus a self-addressed stamped return envelope (§ 33-44-204; SOS Form F0030) |
| Signer, filing channel, and fee | Manager signs for a manager-managed LLC; member for a member-managed LLC; attorney-in-fact may sign and the LLC retains the power. State signer name/capacity. File online or on paper; Form F0030 directs two paper copies by mail. $110 for amendment or restatement (§§ 33-44-205, 33-44-1204; SOS portal/form) |
| Effective time, delay, and rejection | Effective at accepted filing, at a stated filing-day time, or at a delayed date/time capped at the 90th day; date-only means close of business. The Secretary files a permitted-medium, fee-paid record unless it fails Chapter 44's form requirements and sends a receipt (§ 33-44-206) |
| Correction, change, report, and assumed-name alternatives | Articles of correction fix a false/erroneous statement or defective signature and generally relate back. A designated-office or service-agent change uses a separate $10 statement. Chapter 44 imposes no recurring Secretary annual report on an ordinary LLC, and the Secretary does not register DBA/trade names (§§ 33-44-109, -207, -1204; SOS FAQ) |
| Post-filing records, registrations, and status effect | The office returns a filing/fee receipt; paper filers can request the filed copy by return envelope. The operating agreement controls insiders while articles protect detrimental outsider reliance, and members have record-access rights. Keep the accepted amendment and approval record; foreign registrations and non-SOS records remain separate (§§ 33-44-203, -206, -408; SOS Form F0030) |
Requirements one by one
Amendment is available at any time
S.C. Code §§ 33-44-204 and 33-44-404 permit an articles amendment at any time and require the default consent of all members. S.C. Code §§ 33-44-103 and 33-44-203 let the operating agreement regulate company affairs, make Chapter 44 the gap-filler when the agreement is silent, and separate insider from outsider effect. The amendment states the LLC name, original articles filing date, and exact amendment.
Restatement is also available at any time under § 33-44-204. It must be labeled, state the current name, list every former name if the name changed, and give the initial articles filing date. It is signed and filed like an amendment.
A legal-name change uses amended articles
Under § 33-44-105, the new legal name needs one of the authorized LLC or limited- company designators and must be distinguishable in the Secretary's records. A non-distinguishable name needs either the current user's recorded consent and undertaking to change or a certified final judgment establishing the applicant's right. The Secretary's FAQ confirms that an entity already on file changes its name through Articles of Amendment.
Approval and signature are separate
Section 33-44-404 supplies unanimous member consent as the default for an articles amendment in either management form and permits member action without a meeting. A member may appoint a proxy by signed instrument. That approval record is internal; it is not one of § 33-44-204's three filed contents.
Under § 33-44-205, a manager signs for a manager-managed LLC and a member signs for a member-managed LLC. An attorney-in-fact may sign, but the company retains the power of attorney rather than filing it. The record states the signer's name and capacity.
The paper form uses two copies and $110
Current Form F0030 provides the three statutory fields and permits additional sheets tied to the appropriate paragraph. Its checklist calls for an original plus a duplicate original or conformed copy, $110, and a self-addressed stamped envelope for return of the filed copy. The Secretary's portal also offers online filing for an existing entity.
The $110 amendment and restatement fee comes directly from § 33-44-1204. Under § 33-44-206, the Secretary files a permitted-medium, fee-paid record unless it fails Chapter 44's form requirements and sends the company or representative a receipt for the record and fees.
The delayed-effective cap is the 90th day
Section 33-44-206 makes an accepted filing effective at filing or at a stated time that day. A record may instead state a delayed time and date. A date without a time means close of business, and a date later than the 90th day is pulled back to the 90th day after filing.
What trips people up
Correction is narrower than amendment. S.C. Code § 33-44-207 uses articles of correction only when the filed record contains a false or erroneous statement or was defectively signed. The correction generally relates back, except for a person who relied on the uncorrected record and is adversely affected.
A designated-office or service-agent update has its own § 33-44-109 statement and a $10 fee under § 33-44-1204. Chapter 44 contains no recurring annual-report filing for an ordinary domestic LLC. The Secretary's FAQ also says the office does not register DBA or trade names, so using another business name is not a South Carolina Secretary articles amendment or statewide DBA registration.
The accepted public filing and the private agreement have different audiences. Under § 33-44-203, the operating agreement controls among members, managers, and member transferees, while articles can control for another person who reasonably relies on them to that person's detriment. S.C. Code § 33-44-408 protects access to company records. Keep the accepted amendment, unanimous-consent record, and any power of attorney with the LLC's records; other-state registrations and tax, license, contract, banking, title, and trademark records remain separate.
Common questions
Can managers approve the amendment without the members?
Not under the statutory default. Section 33-44-404 requires all members to consent to an articles amendment even in a manager-managed LLC. Review the operating agreement before applying that default.
Does the power of attorney go to the Secretary of State?
No. Section 33-44-205 permits an attorney-in-fact to sign but directs the company to retain the power rather than file it as evidence of authority.
Does restatement replace correction?
No. Restatement consolidates the articles and their changes under § 33-44-204. Section 33-44-207 separately addresses a false or erroneous filed statement or a defective signature.
Statutes and sources
- South Carolina Code Title 33, Chapter 44, current complete official text — operating agreement, articles, name, amendment, restatement, approval, signer, filing, effectiveness, correction, office-agent change, records, and fees, accessed August 21, 2026.
- South Carolina Secretary of State Form F0030 and amendment forms listing — current amendment route, contents, paper copies, online option, return envelope, and $110 fee, accessed August 21, 2026.
- South Carolina Secretary of State Business Entity FAQ — legal-name-change, DBA/trade-name, signer-capacity, name-availability, and rejection guidance, accessed August 21, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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