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The Articles of Amendment, also sometimes called a Certificate of Amendment, is a document filed with your state of incorporation (or any states in which your company has foreign qualified to transact business), to enact a specific change to the information included in your company's incorporation or qualification ...
The process of adding a member to a South Carolina LLC may involve amending the company's articles of organization to include the new member. Depending on the terms in the agreement, current LLC members may need to vote on it for the amendment to pass.
Current through 2023 Act No. 102. Section 33-44-202 - Organization (a) One or more persons may organize a limited liability company, consisting of one or more members, by delivering articles of organization to the office of the Secretary of State for filing.
General Rules for LLC Names Your preferred business name cannot be used by any other LLC or formed entity in the State of South Carolina. This is why it's imperative to perform a South Carolina business entity search prior to beginning the filing process. Your LLC name should be original, but that's not enough.
Essentially, you need to clearly discuss changes with other members or managers to get consent. Once that's done, you update the agreement, get it signed and use it for future decisions. The process you choose to follow is up to you, and you can update your Operating Agreement whenever you think it's necessary.
SECTION 33-44-303. Liability of members and managers. (a) Except as otherwise provided in subsection (c), the debts, obligations, and liabilities of a limited liability company, whether arising in contract, tort, or otherwise, are solely the debts, obligations, and liabilities of the company.
The state of South Carolina does not require an LLC Operating Agreement, but it may still be recommended for many LLCs.
South Carolina Code of Laws Sections 33-44-108 through 33-44-111 contain the state law governing registered agents for limited liability companies. This includes the need to have an agent and office for service of process, the procedures for changing the agent or office, and what an agent must do to resign.