South Carolina LLC Operating Agreement

Set out who owns your South Carolina LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.

Reflects current South Carolina rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

South Carolina LLC act rules · as of 2026

Required by law?: No — but strongly recommended
Recognized form: "may enter into an operating agreement, which need not be in writing, to regulate the affairs of the company and the conduct of its business" (S.C. Code § 33-44-103(a))
Governing act: South Carolina Uniform Limited Liability Company Act of 1996 (S.C. Code Title 33, Chapter 44)

Without an agreement: Distributions made before dissolution and winding up "must be in equal shares" (per capita, not by contribution) — S.C. Code Ann. § 33-44-405(a). Source: S.C. Code Ann. § 33-44-103 · verify ↗.

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Why your South Carolina LLC needs this — even single-member

It overrides the default rules. Without an agreement, the South Carolina Uniform Limited Liability Company Act of 1996 (S.C. Code Title 33, Chapter 44) decides how profits are split and who can act for the company — not you.
It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.

South Carolina law

No — South Carolina does not require an operating agreement (as of 2026): Not required. § 33-44-103(a): all members "may enter into an operating agreement, which need not be in writing"; to the extent it does not otherwise provide, the chapter governs relations among members, managers, and the company.. But without one, the default rules of the South Carolina Uniform Limited Liability Company Act of 1996 (S.C. Code Title 33, Chapter 44) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: S.C. Code Ann. § 33-44-103. Check the current South Carolina LLC rules before relying on any default.

Frequently asked questions

Is an operating agreement required in South Carolina?

Does the operating agreement get filed with the state?

No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no South Carolina agency records it.

Can the agreement be oral in South Carolina?

South Carolina's statute recognizes: "may enter into an operating agreement, which need not be in writing, to regulate the affairs of the company and the conduct of its business" (S.C. Code § 33-44-103(a)) (S.C. Code Ann. § 33-44-103). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.

How does South Carolina compare? See which states actually require an operating agreement, every claim cited to the state LLC act.

How South Carolina compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for South Carolina: S.C. Code Ann. § 33-44-103 ↗.

South Carolina is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).

The rest of what South Carolina requires

The figures below are South Carolina's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Carolina page for that document.

Security deposit cap · as of 2026: No statutory limit S.C. Code §27-40-410 ↗
Deposit return deadline · as of 2026: 30 days after move-out S.C. Code §27-40-410 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days S.C. Code §27-40-410 ↗
Notice for unpaid rent · as of 2026: 5 days to pay or quit S.C. Code § 27-40-710; § 27-40-770 ↗
Notice to cure a lease violation · as of 2026: 14 days S.C. Code § 27-40-710; § 27-40-770 ↗
Small claims limit · as of 2026: $7,500 S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
Where you file · as of 2026: Magistrates Court (commonly called small claims court) · filing fee About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference. S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
Rental application fee · as of July 2026: No statutory limit South Carolina Code ↗
Bill of sale notarization · as of 2026: Not required South Carolina SCDMV (Form 4031) ↗
Power of attorney signing · as of 2026: Notarization required · 2 witnesses S.C. Code §62-8-105 ↗
Recording a deed · as of 2026: Register of Deeds (in some counties the Clerk of Court performs the register's recording duties) — S.C. Code § 30-5-30 / Title 30 · 2 witnesses S.C. Code §§ 27-7-10, 30-5-30 ↗

LLC operating agreement in other states

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