Limited-Liability-CompanySouth Carolina Limited Liability Company

The South Carolina limited liability company is the most popular form or business entity in which to operate a business.  A limited liability company, or LLC,  is a hybrid type of statutory legal entity, pursuant to the South Carolina Uniform Limited Liability Company Act, that combines various principles of the corporation (such as limited liability for all members of the LLC) with some principles of the partnership (such as simplistic management structures and relaxed and informal decision-making procedures).  Further, a South Carolina limited liability company offers business owners important legal and tax benefits that are otherwise unavailable through any other business organization form.  For example:

  • Most often an LLC is better suited to the needs of most start-up businesses and small business owners compared with other traditional business organizations such as the partnership or limited partnership business structures.
  • An LLC business entity makes available, for the first time, the combination of limited liability for all members and the option to elect a partnership tax structure, to multi-owner or multi-member businesses
  • A South Carolina LLC business form is the only business entity that simultaneously provides an individual with limited liability (for a one member – single member LLC) and sole proprietorship taxation.
  • A South Carolina LLC business form is used by virtually every type of business, trade, and profession (with the exception of medical practices), and the LLC business entity can be, and is, used by businesses of every size and differing levels of complexity.

South Carolina Limited Liability Company Operating Agreement – Multi-Member

For the overwhelming majority of South Carolina LLC’s with multiple business owners, negotiating a well-drafted, thoughtful limited liability company agreement (or Operating Agreement) results in major benefits to the business owners and the LLC itself.  Generally speaking, prospective business owners of a South Carolina limited liability company have a reasonably sound understanding of the financial and management rights that they will undertake as business owners, but, these business owners are often unaware of the critical duties, rights, obligations and liabilities to which LLC business owners are normally subject to.  The process of negotiating an operating agreement for the South Carolina LLC educates business owners about these duties, rights, obligations and liabilities and it often: i) dissuades prospective members who may be unsuitable to join the LLC, and ii) enhances the effectiveness and preparedness of those prospective members who do join.

Once negotiated and adopted by the business owners, South Carolina LLC operating agreements provide a variety of legal and tax benefits, including the prevention of toxic and destructive member disputes and improved tax planning and business maintenance.  The LLC Operating Agreement also serves as a sort of user manual offering a comprehensive guide to business owners regarding how to operate the LLC.

The South Carolina limited liability company is the most popular form or business entity in which to operate a business. LLCs offer business owners important legal and tax benefits that are otherwise unavailable through any other business organization form.

South Carolina LLC Characteristics

  • Limited liability, with exceptions similar to those applicable to corporations;
  • Limited life, i.e., a fixed number of years or a specific termination date stated in the operating agreement (or its existence may be perpetual);
  • A prohibition against the transfer of management or membership rights (but not against the transfer of rights to profits) without unanimous or majority approval of the remaining members;
  • Deferral to the LLC’s operating agreement for purposes of determining the LLC’s management structure; and
  • Dissolution upon the death, retirement, resignation, expulsion, bankruptcy, or dissolution of a member unless the remaining members elect (unanimously or by majority) to continue the LLC.