Change Registered Agent in South Carolina

When Is a Change of Registered Agent Required in South Carolina?

 

A business entity organized or authorized to transact business in South Carolina must file a statement of change with the Secretary of State whenever it needs to update its registered agent or its registered office. Under the South Carolina Code of Laws (S.C. Code Ann.) § 33-5-102, a corporation delivers a statement of change to the Secretary of State that identifies the current and new registered agent or registered office information. The same filing obligation extends to every domestic and foreign entity type administered by the Secretary of State’s office — including limited liability companies, limited partnerships, limited liability partnerships, nonprofit corporations, and benefit corporations.

South Carolina law requires every filing entity to continuously maintain both a registered office and a registered agent in the state. For domestic business corporations, this requirement appears in S.C. Code Ann. § 33-5-101, while foreign corporations authorized to transact business here must comply with S.C. Code Ann. § 33-15-107. Limited liability companies are subject to the parallel mandate in S.C. Code Ann. § 33-44-108, and limited partnerships must satisfy the requirements of S.C. Code Ann. § 33-42-50. When a registered agent’s information becomes outdated, or the agent is no longer willing or able to serve, the entity must promptly file an updated statement to remain in compliance and avoid the risk of administrative dissolution or certificate-of-authority revocation.

The specific circumstances that trigger a filing include:

• The current registered agent resigns from the appointment
• The current registered agent moves out of South Carolina or is no longer a resident
• The registered agent’s street address changes because of a physical relocation, postal renaming, or other cause
• The registered agent is no longer available at the registered office during normal business hours
• The entity voluntarily selects a new registered agent
• The agent no longer consents to serve in that capacity

South Carolina draws no distinction between a voluntary and an involuntary change — the same form and process apply regardless of the reason.

Grounds for Changing Your Registered Agent in South Carolina

Several practical situations lead a South Carolina entity to update its registered agent or registered office on file with the Secretary of State. The table below outlines the most common grounds and the corresponding filing requirement.

Here’s the Grounds table with inline links added to each row’s filing reference:

Вы правы — таблица не должна ссылаться только на форму для корпораций (F0077). Каждая строка должна вести на страницу, где представлены формы для всех типов юридических лиц. Вот исправленная версия:

Ground	Filing Required
Registered agent resigns	Entity files a Notice of Change of Registered Office or Registered Agent to appoint a replacement
Registered agent relocates outside South Carolina	Entity files a Notice of Change of Registered Office or Registered Agent
Registered agent’s street address changes	Agent may file an agent-initiated address change under S.C. Code Ann. § 33-5-102(b) (corporations/nonprofits: $2.00), or entity files a Notice of Change ($10.00)
Entity switches to a professional registered agent service	Entity files a Notice of Change of Registered Office or Registered Agent
Agent no longer available during business hours	Entity files a Notice of Change of Registered Office or Registered Agent
Agent no longer consents to serve	Entity files a Notice of Change of Registered Office or Registered Agent
Entity relocates its registered office to a new address	Entity files a Notice of Change or agent files an agent-initiated address change under S.C. Code Ann. § 33-5-102(b)

An entity’s registered agent information is part of the public record maintained by the South Carolina Secretary of State and is searchable through the Business Entities Online system. Any inaccurate or outdated information should be corrected promptly by filing the appropriate form to avoid compliance consequences.

South Carolina Registered Agent Change Requirements

Before delivering a statement of change, the entity must satisfy several statutory requirements concerning the eligibility of the new registered agent, the registered office address, and the agent’s consent.

Eligibility of the new registered agent:

• Option A – Organization: A domestic corporation, a domestic nonprofit corporation, a foreign corporation authorized to transact business in South Carolina, or a foreign nonprofit corporation authorized to transact business in this state. The filing entity itself cannot serve as its own registered agent.
• Option B – Individual: An individual who resides in South Carolina and whose business office is identical with the registered office.

For limited liability companies, S.C. Code Ann. § 33-44-108(b) sets out the same two categories: the agent must be an individual resident of South Carolina, a domestic corporation, another LLC, or a foreign corporation or company authorized to do business in the state.

Registered office address:

The registered office must be a physical street address in South Carolina where service of process can be personally delivered during normal business hours. A P.O. Box, mailbox-only service, or telephone answering service does not meet this requirement. S.C. Code Ann. § 33-5-102(a)(6) explicitly requires the entity to confirm that “the street addresses of its registered office and the business office of its registered agent will be identical” after the change takes effect.

Consent of the new registered agent:

When a new registered agent is being designated, S.C. Code Ann. § 33-5-102(a)(5) requires the statement of change to include “the name of the new registered agent and the new agent’s written consent (either on the statement or attached to it) to the appointment.” The official change forms published by the Secretary of State include a consent signature line for the new agent directly on the form. Alternatively, the written consent may be provided as a separate attached document.

Note: By signing the statement of change and including the agent’s consent, the entity affirms that the named person has agreed to accept the appointment. Designating a person as a registered agent without that person’s knowledge or agreement may expose the filer to liability.

Execution:

For business corporations and nonprofit corporations, the statement of change must be signed by an authorized officer. For limited liability companies, S.C. Code Ann. § 33-44-205(a) requires the form to be signed in the name of the company by a manager of a manager-managed company, a member of a member-managed company, the organizer if the company has not yet been formed, or a fiduciary if the company is in the hands of a receiver or trustee. The statement does not require notarization.

How to File a Statement of Change of Registered Office/Agent

The form used to change a registered agent or registered office varies by entity type. For domestic and foreign business corporations, the filing is made on the Notice of Change of Registered Office or Registered Agent or Both of a South Carolina Corporation (Form F0077 for domestic corporations; Form F0078 for foreign corporations), authorized under S.C. Code Ann. §§ 33-5-102 and 33-15-108. For limited liability companies, the corresponding filing is the Notice of Change of Designated Office, Agent or Address of Registered Agent (Form F0080 for domestic LLCs; Form F0086 for foreign LLCs). Limited partnerships, limited liability partnerships, nonprofit corporations, and benefit corporations each have dedicated forms, all accessible through the Secretary of State’s Downloadable Paper Forms page.

When completing the form, the filer must provide the following information:

1. Entity name — must match the name on record with the Secretary of State exactly.
2. Entity type and formation date — domestic entities provide the date of incorporation or organization; foreign entities provide the jurisdiction, date of incorporation, and date of authorization in South Carolina.
3. Current registered office address — the street address currently on file with the Secretary of State.
4. New registered office address — if the registered office is being changed, provide the new South Carolina street address.
5. Current registered agent name — the name of the agent currently on file.
6. New registered agent name and consent — if the agent is being changed, provide the name of the new agent and obtain the agent’s written consent either on the form or as an attachment.
7. Identity of addresses — the form includes a recitation that the street address of the registered office and the business office of the registered agent will be identical after the change.
8. Effective date — unless a delayed date is specified, the change becomes effective upon acceptance by the Secretary of State. A delayed effective date may be specified but may not be later than the ninetieth day after filing.

Two copies of the form — the original and either a duplicate original or a conformed copy — must be submitted. When filing by mail, include a self-addressed stamped envelope to have a filed copy returned.

Filing Method: Online vs. Mail

A statement of change of registered agent may be filed online through the Business Entities Online system, by mail, or in person at the Secretary of State’s office in Columbia. The Secretary of State encourages online filing because it reduces rejection rates, allows the filer to save and resume the filing, and provides instant confirmation upon acceptance.

Method	Details
Online	Business Entities Online — account registration required; secure online payment; instant filing confirmation
Mail	Secretary of State, Attn: Corporations, 1205 Pendleton St., Ste. 525, Columbia, SC 29201 — include two copies of the form, filing fee by check or money order payable to the SC Secretary of State, and a self-addressed stamped envelope
In Person	1205 Pendleton St., Ste. 525, Columbia, SC 29201 — same document and fee requirements as mail filings

When filing by mail, payment must be made by check or money order payable to the South Carolina Secretary of State. Checks must be signed. The Secretary of State will not process filings that are not accompanied by the correct filing fee — unpaid filings are among the most common reasons for rejection.

Registered Agent Change Filing Fees by Entity Type

Filing fees for a change of registered agent or registered office are established by statute. The fee schedule for business corporations under S.C. Code Ann. § 33-1-220 sets the corporation’s statement-of-change fee at $10.00. The fee schedule for nonprofit corporations under S.C. Code Ann. § 33-31-122 also sets the change fee at $10.00. The LLC fee schedule under S.C. Code Ann. § 33-44-1204(a)(9) sets the statement-of-change fee at $10.00. Limited partnerships are charged $10.00 under the blanket filing fee provision at S.C. Code Ann. § 33-42-2090(a), which applies to all documents filed under Chapter 42. LLP change filings carry the same $10.00 fee.

Entity Type	Filing Fee
Business Corporation (Domestic)	$10.00
Business Corporation (Foreign)	$10.00
Limited Liability Company (Domestic)	$10.00
Limited Liability Company (Foreign)	$10.00
Limited Partnership (Domestic)	$10.00
Limited Partnership (Foreign)	$10.00
Limited Liability Partnership (Domestic)	$10.00
Limited Liability Partnership (Foreign)	$10.00
Nonprofit Corporation (Domestic)	$10.00
Nonprofit Corporation (Foreign)	$10.00
Benefit Corporation (Domestic)	$10.00

The filing fee for a registered agent resignation is different. For business corporations (domestic and foreign), nonprofit corporations, and benefit corporations, the resignation fee is $5.00 when the agent is resigning and the registered office is also being discontinued, or $3.00 if the agent is resigning but the registered office address will remain valid. For LLCs, LPs, and LLPs, the resignation fee is $10.00.

An agent-initiated address-only change — where the agent updates the registered office street address without changing the agent — costs just $2.00 per entity for corporations and nonprofit corporations. This reduced fee does not apply to LLCs, LPs, or LLPs.

Effective Date of a Registered Agent Change in South Carolina

South Carolina gives a filing entity flexibility in choosing when a change of registered agent or registered office takes effect.

Immediate effect: Under S.C. Code Ann. § 33-1-230, a document filed with the Secretary of State is effective at the time of filing on the date it is filed, as evidenced by the Secretary of State’s endorsement on the original document. This is the default — if no delayed effective date is specified, the change is effective immediately upon acceptance.

Delayed effective date: A document may specify a delayed effective time and date. If a delayed date is specified but no time is given, the document becomes effective at the close of business on that date. The delayed effective date may not be later than the ninetieth day after the document is filed. The same ninety-day maximum applies to limited liability companies under S.C. Code Ann. § 33-44-206(d).

For business corporations, the statement of change updates the entity’s registered agent and registered office information in the Secretary of State’s records. It does not operate as a formal amendment to the articles of incorporation — it is a standalone filing that replaces the information of record.

Changing the Registered Agent Address Without Changing the Agent

When a registered agent relocates its own business office but continues to serve as the agent for one or more South Carolina corporations, the agent may file the address change directly with the Secretary of State rather than requiring each represented entity to file its own separate statement of change. For business corporations and foreign corporations, this mechanism is authorized by S.C. Code Ann. § 33-5-102(b) and § 33-15-108(b), respectively. For nonprofit corporations, the parallel provision is S.C. Code Ann. § 33-31-502(b).

Under § 33-5-102(b), a registered agent who changes the street address of its business office “may change the street address of the registered office of any corporation for which he is the registered agent by notifying the corporation in writing of the change and signing … and delivering to the Secretary of State for filing a statement” that complies with the standard change form requirements and recites that the corporation has been notified of the change.

The agent-initiated address change uses the same Notice of Change form as an entity-initiated change, but the registered agent signs the form instead of a corporate officer and includes the statement “The corporation has been notified of this change” typed on the form above the agent’s signature. The filing fee for this agent-initiated address change is $2.00 per entity for corporations and nonprofits, compared with the standard $10.00 fee when the entity files the change itself.

Feature	Entity-Filed Change	Agent-Initiated Address Change
Filed by	Officer, member, or manager of the entity	Registered agent
Purpose	Change the registered agent, registered office, or both	Update the registered office street address only
Can appoint a new agent	Yes	No
Covers multiple entities in one filing	No — one form per entity	No — one form per entity, but at the reduced $2.00 fee
Prior written notice to entity	Not required	Required — agent must notify the entity in writing before filing
Signed by	Authorized officer or governing person of the entity	Registered agent
Filing fee (Corps/Nonprofits)	$10.00	$2.00

Note: South Carolina’s LLC statute (S.C. Code Ann. § 33-44-109) does not include an explicit agent-initiated address change provision parallel to § 33-5-102(b). For LLCs, limited partnerships, and LLPs, the standard $10.00 filing fee applies regardless of whether the agent or the entity initiates the change.

The $2.00 agent-initiated rate is particularly practical for commercial registered agent services that represent large numbers of corporations and nonprofits in South Carolina. If a new agent is being designated rather than merely updating the existing agent’s address, the entity must file the standard $10.00 change form itself.

What Happens After the Change Is Filed

Once the Secretary of State accepts a statement of change, several effects follow:

• The entity’s registered agent and registered office information is updated in the Secretary of State’s records, and the updated information becomes part of the entity’s public filing history searchable through Business Entities Online.
• The Secretary of State endorses the original document with “Filed,” along with the date and time, and returns the filed copy to the submitter or its representative.
• The former registered agent’s authority to receive service of process on behalf of the entity terminates as of the effective date of the change.
• The new agent’s name and address become the information of record for service of process going forward.
• If the entity filed by mail with a self-addressed stamped envelope, the Secretary of State returns the filed copy by mail.

Online filings submitted through Business Entities Online produce an instant filing confirmation, and the entity’s updated record is posted to the database without delay.

Changing a Registered Agent for a Foreign Entity Registered in South Carolina

A foreign corporation authorized to transact business in South Carolina is subject to the same registered agent and registered office obligations as a domestic corporation. Under S.C. Code Ann. § 33-15-107, each foreign corporation must continuously maintain a registered office and a registered agent in the state, with the same eligibility categories — an individual who resides in South Carolina, a domestic corporation, or an authorized foreign corporation — and the same requirement that the agent’s business office address be identical to the registered office address.

A foreign corporation changes its registered agent by filing the same Notice of Change form used by domestic corporations, under S.C. Code Ann. § 33-15-108. The filing fee is $10.00, the same as for a domestic corporation. The same consent requirements, physical street address requirements, execution rules, and filing methods apply. The agent-initiated address change mechanism under § 33-15-108(b) is also available at the $2.00 per-entity fee for agents representing foreign corporations.

Foreign LLCs file the change on Form F0086 under S.C. Code Ann. § 33-44-109 at $10.00. Foreign limited partnerships and foreign limited liability partnerships use their respective change forms — also at $10.00 each — all available through the Downloadable Paper Forms page. Foreign nonprofit corporations file the change on Form F0099 under S.C. Code Ann. § 33-31-1508 at $10.00.

A foreign corporation that fails to notify the Secretary of State that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued exposes itself to revocation of its certificate of authority under S.C. Code Ann. § 33-15-300(a)(4). The Secretary of State must provide written notice and a sixty-day cure period before revoking the certificate.

Frequently Asked Questions About Changing a Registered Agent in South Carolina

How long does it take to change a registered agent in South Carolina?

Online filings submitted through Business Entities Online are generally processed more quickly than paper submissions and provide instant confirmation upon acceptance. Mail filings are processed in the order received. The Secretary of State does not offer a formal expedited processing tier for change-of-agent filings. For questions about current processing times, contact the office at 1205 Pendleton St., Ste. 525, Columbia, SC 29201.

Do I need to notify my current registered agent before changing?

South Carolina law does not require the entity to notify its outgoing registered agent before filing a statement of change. The change is effective upon acceptance by the Secretary of State — or on a delayed effective date if one is specified on the form. Many entities choose to notify the outgoing agent as a courtesy, particularly to ensure that any pending service of process is properly forwarded. If the outgoing agent wants to end the relationship independently, the agent may file a separate Resignation of Registered Agent form under S.C. Code Ann. § 33-5-103.

Can I change my registered office address without changing the registered agent?

Yes. The statement of change form allows the entity to update only the registered office street address while keeping the same registered agent. The entity completes the new-address fields and leaves the agent fields unchanged. Alternatively, when the same agent’s business office has moved, the agent may use the agent-initiated address change mechanism under S.C. Code Ann. § 33-5-102(b) at a reduced $2.00 fee for corporations and nonprofits.

What is the agent-initiated address change form and when is it used?

The agent-initiated address change uses the same Notice of Change form used for entity-initiated changes, but the registered agent signs the form in place of a corporate officer. It is used when the registered agent relocates its own business office while continuing to serve as agent. Under S.C. Code Ann. § 33-5-102(b), the agent must first notify the entity in writing and must include a recitation on the form that the corporation has been notified. The filing fee is $2.00 per entity for corporations and nonprofits. This mechanism cannot be used to appoint a different agent — it only updates the address of the current agent’s office.

Is there a penalty for not filing a change of registered agent?

South Carolina requires every filing entity to continuously maintain a current registered agent and registered office. For domestic business corporations, failure to keep this information current — including failure to notify the Secretary of State of a change, a resignation, or a discontinuance — is a ground for administrative dissolution under S.C. Code Ann. § 33-14-200(a)(3) and (a)(4). The Secretary of State must provide sixty days’ written notice and an opportunity to cure before dissolving the corporation. For foreign corporations, the same failure triggers revocation of the certificate of authority under S.C. Code Ann. § 33-15-300(a)(3) and (a)(4). Practical consequences include the loss of standing to maintain lawsuits in South Carolina courts and the risk of default judgment if service of process is made on the Secretary of State as substitute agent.

Can I change my registered agent and the registered office address in the same filing?

Yes. The statement of change form permits the entity to change the registered agent, the registered office address, or both in a single filing. A single $10.00 filing fee applies regardless of whether the entity is updating only the agent, only the address, or both at once.

What happens if my registered agent resigns?

A registered agent may resign the appointment by signing and delivering a statement of resignation to the Secretary of State. Under S.C. Code Ann. § 33-5-103, the agent must deliver the signed original and two exact or conformed copies. After filing, the Secretary of State mails one copy to the registered office (if not discontinued) and the other copy to the corporation at its principal office. The resignation becomes effective on the thirty-first day after the date the statement was filed. There is no requirement that the agent give advance notice to the entity before filing. The entity should promptly file a Notice of Change to appoint a replacement agent before the thirty-first day elapses to avoid a gap in registered agent coverage.

Does the new registered agent need to sign the change form?

The change form itself is signed by the entity’s authorized officer, member, or manager — not by the new agent in the capacity of the filer. However, the new registered agent must provide written consent to the appointment. The official forms include a consent signature line directly on the form, or a separate written consent may be attached. S.C. Code Ann. § 33-5-102(a)(5) requires the statement to include “the new agent’s written consent (either on the statement or attached to it) to the appointment.”

Can I use a P.O. Box for the new registered office address?

No. The registered office must be a physical street address in South Carolina where service of process can be personally delivered during normal business hours. The street address of the registered office must be identical to the business office address of the registered agent. A P.O. Box, mailbox-only location, or telephone answering service does not satisfy this requirement under S.C. Code Ann. § 33-5-101 or the corresponding provisions for other entity types.

Is the filing fee the same whether I file online or by mail?

Yes. The filing fee for a change of registered agent or registered office is $10.00 regardless of whether the entity files online through Business Entities Online or submits the form by mail. No separate surcharge or convenience fee applies for online filing. When filing by mail, payment must be by check or money order payable to the South Carolina Secretary of State.