Register Your South Carolina Foreign Corporation

Of course your corporation already has a name, but the name still needs to be registered in South Carolina, and may already be in use. To see if your corporation name has already been claimed, use a South Carolina business name search. If it’s available, you can use it on your Application for Certificate of Authority.

If someone’s already snagged the name you use for your business elsewhere, you’ll need to choose a fictitious name to do business in South Carolina, and file a Adoption of a Fictitious Name (Corporation – Foreign) form. The fee to file that form is $10. Your Application for Certificate of Authority will also need a a certified copy of a resolution approving the name by your corporation’s board of directors.

Want your business name to be exclusive to your company? A federal trademark can secure it for your industry in all fifty states.

Your corporation probably already has a registered agent in your home state, but you also need one physically located in South Carolina to operate there. If you don’t already have a viable choice for an agent living in the state, you’ll probably need to hire someone to be your South Carolina registered agent to receive legal notices for your corporation.

Luckily, we provide registered agent service in every state, so no matter what state you want to expand to, we can be the one and only registered agent for your business. We even have bulk discounts for using us as your agent in five or more states.

Once your business is legal in the new state, you’ll want to be ready to make sales. Forming your business identity — the way you present yourself to your potential clients — can prepare customers for your upcoming products and services.

Maybe you’ve never started getting your business out there. Now’s a great chance to start a business website or get a custom business email address.

Maybe you already have a digital presence, but want to make it easier for out-of-state people to find you and start building awareness and a trustworthy reputation in your new territory. Consider getting a phone service that has the local area code or a local business address to use on documents where possible. Either way, make sure your business has a way to market itself in the new state, especially if you are not opening a brick-and-mortar.

A certificate of good standing (or certificate of existence, in some places) establishes your home state has no issues with your corporation: its annual reporting is in compliance, and no outstanding taxes are owed. You’ll need this certificate when filing your Application for Certificate of Authority. How to get a certificate of good standing varies based on your home state’s laws.

When you file a certificate of good standing with the South Carolina Secretary of State, the certificate must have been issued within 30 days before filing your Application for Certificate of Authority.

The Application for Certificate of Authority form can be submitted by mail, or you can file through South Carolina’s Business Entities Online system. Filing costs $135 by mail, but a $15 electronic filing fee applies online. bringing the total to $150.

Your form must include:

• Corporation name (matching the name on the certificate of existence)
• Status as a general business corporation or professional corporation
• Current home state where incorporated (“incorporated under the laws of”)
• Principal office address
• Registered agent’s office address, name, and signature of consent
• Names and addresses of corporation’s directors (or of the persons acting with the directors’ authority on behalf of the corporation), and of principal officers
• Number of shares the corporation is authorized to issue, itemized by class and series
• Date when the Certificate of Authority will be effective, either immediately upon filing or on a delayed effective date up to 90 days after the filing
• Corporation name as registered in South Carolina if different
• Copy of a Fictitious Business Name Statement, if necessary
• Date of corporation formation
• Dated name and signature of an authorized officer stating their position in the corporation

In addition, you must include an initial report for your corporation and the certificate of good standing from your corporation’s state of origin. You may also need to include certified name approval resolution from your corporation’s board of directors.

Mailed applications will receive verification through a stamped copy in the self-addressed envelope you’ll include with the filing. You will receive a verification email if you filed online.

Once you receive your notification, your Certificate of Authority is valid. You now can conduct business in South Carolina!

Your foreign corporation will now have taxes and reports to file independent of the ones you file in your home state.

• Income Tax: South Carolina has a 5% corporate net income tax. In addition, you’ll have to file a Corporate Income Tax return. This costs a minimum of $25, plus a percentage of your total capital and paid-in surplus. You can file your report online or by mail. Income tax is due four months after the end of a C corporation’s tax year (usually April 15th), or three months after the end of the tax year for S corporations (usually March 15 15th).
• Annual Report: Your South Carolina foreign corporation annual report must be filed by May 1st. Filing the annual report accompanies the Corporate Income Tax return and costs a minimum of $25, along with a percentage of your total capital and paid-in surplus. You can file your report online or by mail.