How to change your registered agent in South Carolina
South Carolina LLCs file a notice of change for their agent for service of process. The designated office and the agent's address are separate fields; identify exactly which information is changing rather than treating them as interchangeable.
Checked against primary sources ·
South Carolina- Jurisdiction terminology
- registered agent
- Change filing
- Notice of Change of Designated Office, Agent for Service of Process, or Address of Agent (LLC — Domestic and Foreign)
- Filing office
- South Carolina Secretary of State, Division of Business Filings
Choose the right South Carolina filing
For a South Carolina LLC, the designated office and the agent for service of process are two separate pieces of the state record. The LLC statute does not tell you to make both addresses identical. A careful replacement therefore starts by deciding whether the agent changes, its street address changes, the designated office changes, or several of those changes happen together. This guide uses the LLC statement elements in sections 33-44-108 and 33-44-109 and the official LLC form's consent requirement, rather than importing the corporation procedure.
- Procedure scope
- Domestic LLCs and foreign LLCs authorized to do business in South Carolina.
Which route fits your registered agent change?
- Replace the LLC's agent for service of process
The LLC notice of change identifies the current agent and supplies the replacement agent's name and street address. The designated office remains its own field. Section 33-44-108 covers both South Carolina LLCs and foreign LLCs authorized in the state, so confirm which South Carolina entity record is being updated before preparing the notice. Source 1.
- Change only an office or the same agent's address
Section 33-44-109 also permits changing the designated office or the existing agent's street address. Identify which information will actually change and leave the company-identification and current-information portions accurate. Do not manufacture a different agent appointment merely because the agent moved, or change the designated office solely because the replacement agent has another address. Source 1.
- Do not substitute resignation or a corporation notice
The LLC's statement of change under section 33-44-109 is different from an agent's resignation under section 33-44-110. A resignation does not name the LLC's chosen successor. Likewise, use the LLC form identified as domestic and foreign rather than a corporation notice carrying a different statutory basis. Source 1.
Prepare for the change in South Carolina
- Identify the existing designated office
Get the street address currently recorded as the LLC's designated office, even if that office is not the principal operating location. The statement must identify it. Mark separately whether a new designated office is intended, so the preparer does not confuse an unchanged office with a missing answer. Source 1.
- Collect the current agent details
Obtain the current agent's name and address as recorded, then confirm the incoming agent's exact name and street address directly with that agent. These are separate statutory statement elements. A service contract or invoice may use a marketing name that is less precise than the appointment name needed for the filing. Source 1.
- Check the replacement's category
Section 33-44-108 permits a South Carolina resident individual, a domestic corporation, another LLC, or an authorized foreign corporation or foreign company. Do not assume any out-of-state person or business can serve merely because it can receive forwarded mail. Check eligibility before asking anyone to sign the acceptance. Source 1.
- Arrange both signatures
The official LLC notice includes an incoming-agent consent statement and Agent's Signature line. Have the new agent complete that filed acceptance as well as arranging the company's dated signature and signer capacity. Do not rely on the corporation's consent rule as the only reason: the LLC form itself supplies the acceptance field. Source 4.
Consent and acceptance
The official LLC form includes an incoming agent's consent to appointment and an Agent's Signature line. Complete that filed consent as well as the company's signature section; do not describe the consent as a retained-only document.
Entity-type differences
The LLC form is labeled domestic and foreign. Business corporations follow section 33-5-102 and the corporation notice of change, not the LLC form; that corporate statute expressly calls for the new agent's written consent on or attached to the statement. The LLC statute uses agent for service of process and designated office even where the filing portal uses registered-agent wording.
Complete the South Carolina change filing
Retrieve the company's exact registered name, current designated office, and current agent name and street address from its state record.
Choose an eligible replacement under section 33-44-108: a South Carolina resident individual, a domestic corporation, another LLC, or an authorized foreign corporation or company.
Complete the LLC notice of change, listing the current designated office and agent and the new agent's name and street address; supply a new designated office only if that office also changes.
Obtain the incoming agent's signature on the form's consent line and have the company's signer complete the dated signature and capacity fields.
Deliver the notice to the Secretary of State for filing using the current form's submission instructions, then retain the filed notice and check that the company record identifies the intended replacement.
Open the official filing instructions or transaction. Read the primary sources below alongside these steps.
Form fields and statement requirements
- Company name
Use the LLC name identifying its South Carolina record, not the name of the service provider or the individual signing. For a foreign LLC, reconcile the South Carolina registration record with the home-state name rather than assuming they necessarily appear identically. Source 1.
- Current and new designated-office addresses
State the current designated-office street address. If that office will change, supply the new designated-office street address as its own change. The statute describes an office that need not be a place of business in South Carolina; do not convert this into an unsourced requirement that it must be the agent's business office. Source 1.
- Current agent and replacement agent
Identify the current agent's name and address, then give the new agent's name and street address if the appointment changes. For a same-agent address update, the statement identifies the new street address instead. Review these blocks side by side so the outgoing provider is not accidentally carried into the new-agent field. Source 1.
- Consent and company execution
The incoming agent's acceptance belongs on the consent signature line; the company's signer completes the statement's signature, date and capacity information. Those roles are not interchangeable just because one person prepared the entire packet. If the agent is an organization, obtain the acceptance through a person acting for that named agent. Source 4.
Submit the change to South Carolina Secretary of State, Division of Business Filings
- Use the official LLC download and delivery instructions
The statute requires delivery of the statement to the Secretary of State for filing. Obtain the current LLC notice from the official Business Filings download service and follow its current submission directions with both signatures completed. The direct PDF download timed out during this review, although the official indexed form confirmed the consent field; no live portal sequence or paper destination is represented here as inspected. Source 4.
- Keep the transmission and the statement together
Practical guidance. Before submission save the completed statement and acceptance as one filing packet, then retain the delivery or electronic submission record. If the official download remains unavailable, obtain the current LLC instructions from the filing office rather than borrowing a corporation address or guessing which online transaction accepts the notice.
Before you submit
Do not replace the LLC's designated office with the agent's address unless that office is also being changed. Select the LLC form in the official download list rather than a corporation or agent-resignation form.
Verify the change and finish the transition
- Look for the filed change
Practical guidance. Treat a courier receipt, downloaded blank form or prepared signature page as preparation evidence, not proof that the Secretary of State filed the statement. Obtain the filed notice or state acknowledgment and compare it with the company record before closing your change checklist.
- Recheck both address categories
Practical guidance. Compare the resulting agent name and agent street address with the accepted appointment, then check that the designated office is still correct. A successful replacement can still leave an unintended office change if the draft treated all address fields as interchangeable.
- Plan for notices and service during transition
Section 33-44-111 describes service on the appointed agent and alternative service when an agent is not maintained or cannot with reasonable diligence be found. Do not treat a private cancellation notice as a reliable transition plan. Agree internally who monitors incoming legal documents while the state filing is being completed. Source 1.
Avoid these South Carolina filing mistakes
- Automatically moving the designated office
The statute separately enumerates the designated office and the agent's address. If only the agent changes, identify the existing designated office accurately and do not invent an additional office move. If both change, explicitly provide both sets of new information. Source 1.
- Keeping consent off the filed form
The LLC notice's agent-consent signature is not a retained-only checklist. Send the completed acceptance with the notice rather than assuming the company's signature or a provider invoice satisfies the actual printed consent line. Source 4.
- Filing a resignation to appoint a successor
The resignation provision ends an existing agency on its statutory timetable; it is not the LLC's statement naming the replacement. Use the change route to identify the incoming agent rather than expecting the outgoing agent's resignation to do that work. Source 1.
Questions about changing your registered agent in South Carolina
Must the designated office be the agent's office?
The LLC provisions reviewed treat them separately. Section 33-44-108 requires a designated office and an agent with a street address; section 33-44-109 lists separate change elements. This guide does not impose an identical-office rule taken from another state's form. Source 1.
Can a foreign LLC use the LLC notice?
The official LLC notice is labeled domestic and foreign, and section 33-44-108 expressly covers a foreign LLC authorized in South Carolina. Use its South Carolina registration record, not a home-state agent-change form. Source 4.
What if the agent stays the same and only its address changes?
Section 33-44-109 expressly allows changing the agent's street address. Identify the existing agent and provide the new address; do not describe that as appointing a different person when the appointment itself is unchanged. Source 1.
Is signing a service agreement enough to change the state record?
No. The LLC change provision calls for delivery of a statement of change to the Secretary of State for filing. Arrange acceptance with the provider, complete the form's signatures and separately track the state filing. Source 1.
Which primary sources support this procedure?
Checked . The filing office’s current instructions govern the submission.
- South Carolina Code sections 33-44-108 and 33-44-109
- South Carolina Code section 33-5-102 — corporation change and filed consent
- Secretary of State — LLC notice of change F0080
- Official LLC notice of change and consent fields
Procedural guidance, not legal advice. Confirm the correct filing for your entity and its current record.
Need help with your South Carolina change?
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