Protected and Registered Series LLC Formation Requirements in South Carolina
At a glance
| Governing act and covered entity | S.C. Code Ann. tit. 33, ch. 44; LLC means a company organized under that chapter (§ 33-44-101(9)). |
|---|---|
| Domestic series route | No domestic series route in current Title 33/Chapter 44; § 33-44-202(a) organizes an ordinary LLC through articles. |
| Parent LLC authorization and notice | Ordinary articles state company, office, agent, organizer, term/management, and specified member-liability details (§ 33-44-203(a)); agreement governs company affairs (§ 33-44-103(a)); series notice N/A. |
| Who creates a series and when | N/A to domestic series; one or more persons organize an LLC by delivering articles; its existence begins on filing unless delayed (§ 33-44-202(a)-(b)). |
| Series-level public filing | N/A to domestic series; § 33-44-203(a) lists ordinary articles contents, without a separate series filing. |
| Series name | N/A to domestic series; ordinary articles state the LLC name (§ 33-44-203(a)(1)). |
| Records and associated assets | N/A to domestic series; § 33-44-203 addresses ordinary LLC articles, not series asset-association records. |
| Statutory asset segregation | N/A to domestic series; § 33-44-201 addresses an LLC as an entity distinct from its members. |
| Changes and termination | N/A to domestic series; ordinary articles may contain other matters consistent with law (§ 33-44-203(b)). |
| Outside scope and effect limits | This domestic-formation finding does not decide foreign-series treatment, tax, bankruptcy, contracts, or actual creditor recovery. |
Ordinary LLC procedure under current Title 33
S.C. Code Ann. § 33-44-101(9) defines an LLC as one organized under Chapter 44. Under § 33-44-202(a)-(b), one or more persons deliver articles of organization to the Secretary of State; the LLC exists when filed unless a delayed effective date is specified. Under § 33-44-203(a), ordinary articles list the company name, designated office, agent, and organizers. Under § 33-44-103(a), an operating agreement may govern company affairs and member/manager relations.
The current official Title 33 and complete LLC chapter provide no domestic protected-, registered-, or designated-series establishment procedure. Under § 33-44-201, the LLC is an entity distinct from its members; the section does not state a separate series asset-segregation rule.
What trips people up
Section 33-44-203(a)(7) concerns whether a member is liable for the LLC's debts. It is not a mechanism to make one series' assets answer only for that series' obligations. Nor does § 33-44-203(b)'s permission for other lawful articles terms establish a domestic series route.
Common questions
Do ordinary articles establish a protected series?
No. Section 33-44-202 organizes the LLC through articles; Chapter 44 adds no domestic series-level formation record.
Does an operating agreement alone give series asset segregation?
Section 33-44-103(a) permits governance of the company's affairs. The current chapter does not tie that agreement to a statutory domestic series asset limitation.
Statutes and sources
- South Carolina Code, Title 33 and Chapter 44, including §§ 33-44-101, -103, -201, -202, and -203; official text accessed September 27, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
What does South Carolina law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current South Carolina law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace