What is a South Carolina Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of South Carolina then you will
most likely need to form a South Carolina Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of South Carolina then you will
most likely need to form a South Carolina Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the South Carolina Secretary of State.
A South Carolina Professional Corporation may render Professional Services in the state of South Carolina
only through individuals licensed or otherwise authorized in South Carolina to render the specific Professional Service.
Depending on exactly what it is that you want to do in South Carolina, approval from a specific South Carolina state agency or board may be required before the SC Secretary of State will approve a new
South Carolina Professional Corporation filing.
This could add to the total processing time for a new South Carolina Professional Corporation.
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What are the advantages of a South Carolina Professional Corporation? |
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South Carolina Professional Corporations are commonly formed by a group of licensed Professionals who want to open a joint practice.
The main advantage of Forming a South Carolina Professional Corporation is that malpractice by one of the Professionals will not be
held against the other Professionals if they we're not involved in the malpractice.
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Do I need a lawyer to Form a Professional Corporation in South Carolina? |
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The filing for a new South Carolina Professional Corporation does have to be signed by a licensed South Carolina lawyer.
Our fees include the cost of the South Carolina lawyer.
This can potentially save you a lot of money.
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The filing for a new South Carolina Professional Corporation does have to be signed by a licensed South Carolina lawyer.
Our fees include the cost of the South Carolina lawyer.
This can potentially save you a lot of money.
Our detailed Professional Corporation Information page may help you understand some
of the implications of forming a South Carolina Professional Corporation.
However, if there is anything about Forming a Professional Corporation in South Carolina
that you're not sure about you should seek the advice of a competent South Carolina lawyer, a South Carolina accountant,
or both before you Form a Professional Corporation in South Carolina.
Once you have made the decision to Form a Professional Corporation in South Carolina, a South Carolina lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new South Carolina Professional Corporation.
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Do I have to Reserve a Company Name before I Form a Professional Corporation in South Carolina?
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You are not legally required to reserve a Company Name for a new South Carolina Professional Corporation before you submit your application to Form a Professional Corporation in
South Carolina.
Whether or not you need to reserve a company name for your new South Carolina Professional Corporation depends entirely on your business situation.
The South Carolina Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that South Carolina Company Name.
Click here for more information on
South Carolina Company Name Reservation
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What if the South Carolina Professional Corporation Name I want is already taken?
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If the Name you have chosen for your new South Carolina Professional Corporation is already in use by a currently active
South Carolina Corporation or LLC, and you still want to use that Professional Corporation Name, then you will have to register a DBA Name with the administrative clerk in each South Carolina city or town in which you want to do business. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new South Carolina Professional Corporation is available before we submit
your Incorporation filing to the South Carolina Secretary of State.
If necessary we can register a DBA Name in South Carolina for you so that you can open your new South Carolina business as quickly as possible.
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Are there any Company Name restrictions for a SC Professional Corporation? |
A South Carolina Professional Corporation corporate name must comply with all laws and regulations for regular South Carolina
Corporation corporate names.
In addition, a South Carolina Professional Corporation corporate name may not contain any language stating or implying that it is
incorporated for a purpose other than that authorized by its Articles of Incorporation.
A South Carolina Professional Corporation corporate name must also conform with the name regulations of
any applicable South Carolina Professinal licensing board.
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What do I have to do to Form a Professional Corporation in South Carolina?
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8 things you have to do in order to Incorporate in South Carolina.
1. Choose a name for your South Carolina Professional Corporation
2. Select an official address and a Registered Agent for your South Carolina Professional Corporation
3. Choose a Board of Directors for your South Carolina Professional Corporation
4. Decide who will be Officers for your South Carolina Professional Corporation
5. Determine how you want your South Carolina Professional Corporation to be taxed
6. File Articles of Incorporation with the South Carolina Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your South Carolina Professional Corporation
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Your South Carolina Professional Corporation name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the South Carolina Professional Corporation name that you choose must be distinguishable from the name of any other registered South Carolina Professional Corporation or other
business entity and the name must also be different from any reserved names on record with the state of South Carolina.
Your South Carolina Professional Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your South Carolina Professional Corporation name must not be a name that is likely to mislead the public.
The name of a South Carolina Professional Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your South Carolina Professional Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the South Carolina Secretary of State (and pay a fee).
We will:
- Check to make sure that your South Carolina Professional Corporation name is available
- Make sure your South Carolina Professional Corporation name conforms to state of South Carolina regulations
- Reserve your South Carolina Professional Corporation name with the South Carolina Secretary of State
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2. Select an official address and a Registered Agent for your South Carolina Professional Corporation
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Every South Carolina Professional Corporation must have an address that is physically located in the state of South Carolina.
This address is "registered" with the South Carolina Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of South Carolina to receive all correspondence on behalf of the South Carolina
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many South Carolina Professional Corporations hire a Registered Agent because they don't have a physical
address within the state of South Carolina or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your South Carolina Professional Corporation.
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3. Choose a Board of Directors for your South Carolina Professional Corporation
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All South Carolina Professional Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your South Carolina Professional Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your South Carolina Professional Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of South Carolina or shareholders of the South Carolina Professional Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your South Carolina Professional Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your South Carolina Professional Corporation
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The Board of Directors elects Officers for your South Carolina Professional Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the South Carolina Professional Corporation.
Officers handle the day to day operation of the South Carolina Professional Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a South Carolina Professional Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the South Carolina Professional Corporation.
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5. Determine how you want your South Carolina Professional Corporation to be taxed
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| The South Carolina Corporate Income Tax Rate is %.
You may form an S Corporation in South Carolina.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any South Carolina Corporate Income Tax.
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your South Carolina Professional Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the South Carolina Secretary of State
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In order to form a Corporation in South Carolina you must file Articles of Incorporation with the South Carolina Secretary of State.
The Articles of Incorporation must include certain specific information about your South Carolina business. If the Articles do not conform exactly to state of South Carolina requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your South Carolina Professional Corporation but you will have to pay a fee to the state of
South Carolina in order to make the changes official.
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7. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your South Carolina Professional Corporation.
All South Carolina Professional Corporations are required to have an FEIN.
- We can obtain an FEIN for your South Carolina Professional Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a South Carolina Professional Corporation.
When you form your South Carolina Professional Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small South Carolina Professional Corporations hold 100% of the shares.
Stockholders in a South Carolina Professional Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the South Carolina Professional Corporation is able to make all Corporate business decisions.
South Carolina Professional Corporations usually hold at least 51% of the corporate stock in order to retain control of the South Carolina Professional Corporation.
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What do I have to do after I form my South Carolina Professional Corporation? |
6 things you have to do after you Incorporate in South Carolina.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in South Carolina for your SC Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required South Carolina Professional Corporation reports
6. Keep proper records of your South Carolina Professional Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your South Carolina Professional Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the South Carolina Professional Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the South Carolina Professional Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or South Carolina law or
the South Carolina Professional Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal South Carolina office.
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2. Open a Business Bank Account in South Carolina
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It's very important that you have a separate business bank account for your South Carolina Professional Corporation.
Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your South Carolina Incorporation package.
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Note that forming a South Carolina Professional Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A South Carolina Professional Corporation merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your South Carolina Professional Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your South Carolina Professional Corporation vary depending on your business activities
and the specific locations within the state of South Carolina in which you want to conduct business.
If your South Carolina Professional Corporation will be selling products in South Carolina you may be required to obtain a Reseller's Permit from the appropriate
South Carolina state agency.
If your South Carolina Professional Corporation will be selling products in South Carolina you will also be responsible for all applicable local and state of South Carolina
sales taxes if there are any.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every South Carolina Professional Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the South Carolina Professional Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
South Carolina Professional Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your South Carolina Professional Corporation into a form that complies with all
state of South Carolina requirements.
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5. File the required South Carolina Professional Corporation reports
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In South Carolina an Initial Annual Report must be submitted when a SC company files its Articles of Incorporation with the SC Secretary of State. The fee for the South Carolina Corporation Initial Annual Report is included in the filing fees.
If a South Carolina Corporation does not file an Initial Annual Report with the SC Secretary of State within 60 days after starting Business in South Carolina, penalties will accrue. | A South Carolina Corporation does not file Annual Reports with the SC Secretary of State. The South Carolina Corporation files its Annual Report, as part of the SC Corporate tax return, with the South Carolina Department of Revenue.
The SC Corporation Annual Report is due the 15th day of the third month after the close of the South Carolina Corporation tax year.
For example, if the tax year ends on Dec 31 for a South Carolina Corporation the SC corporate tax return, along with the Annual Report, is due by March 15 of the following year.
You can reach the SC Department of Revenue by telephone at 1-844-898-8542 or you can email the department at CorpTax@dor.sc.gov. |
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6. Keep proper records of your South Carolina Professional Corporation on file
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Keep the following records on file and available at the principal business office of your South Carolina Professional Corporation:
- Names and addresses of all Directors and Officers of the South Carolina Professional Corporation
- Articles of Incorporation for the South Carolina Professional Corporation and any Amendments to them
- Corporate Bylaws for the South Carolina Professional Corporation and any Amendments to them
- List of current shareholders of the South Carolina Professional Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the South Carolina Professional Corporation
- Copies of all tax returns and Annual Reports for the South Carolina Professional Corporation for the last 3 years
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What information do I need in order to Form a Professional Corporation in South Carolina? |
In order to Incorporate in South Carolina you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in South Carolina you'll need the following information about your new Company:
- The name of your new South Carolina Professional Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation office in South Carolina (not a PO Box)
- Name and address of your South Carolina Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with the South Carolina Professional Corporation
- Names and addresses of the initial Directors of the South Carolina Professional Corporation
- Names and addresses of each Officer of the South Carolina Professional Corporation
- The number of shares of stock that the South Carolina Professional Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate in South Carolina becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in South Carolina.
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How long does it take to Form a Professional Corporation in South Carolina? |
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Processing times for new South Carolina Professional Corporation applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new South Carolina Articles of Incorporation takes the state around 7 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your South Carolina LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE SOUTH CAROLINA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the South Carolina Secretary of State.
In our experience 7 business days is the time it usually takes the South Carolina Secretary of State to process
a new South Carolina Professional Corporation application.
We get your South Carolina Professional Corporation application to the SC Secretary of State ASAP.
Once it is at the state we have no control over the new South Carolina Professional Corporation application process.
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Are there any Expedited Processing Options for new SC Corporation Filings?
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| The South Carolina Secretary does not offer expedited filing options for new SC Corporation filings. |
How much does it cost to Incorporate in South Carolina? |
The state of South Carolina charges $325.00 to Incorporate a Profesional Corporation.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the SC Secretary of State.
If you choose All Business Documemnts to help you form your Professional Corporation in South Carolina our processing fees are $125.00.
We start processing your new South Carolina Professional Corporation order as soon as we get it.
Total cost includes:
- SC Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the South Carolina Secretary of State
- Certified Copies of Articles of Incorporation
- South Carolina Professional Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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