Do I have to reregister my LLC from NJ to SC?

If you are living here and operating your business in SC, then you have to register it with the Secretary of State's office as an authorized foreign company. You are subject to SC taxes and must have a business license for the county or municipality in which you are operating. My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

You will need to apply for a certificate of authority from the South Carolina Secretary of State if your LLC in considered “transacting business” in South Carolina. Section 33-44-1003 of the South Carolina Limited Liability Company Act provides a list of activities that are not considered transacting business. The list includes the following (1) maintaining, defending, or settling an action or proceeding; (2) holding meetings of members or managers or carrying on other activity concerning its internal affairs; (3) maintaining bank accounts; (4) maintaining offices or agencies for the transfer, exchange, and registration of the foreign company’s own securities or maintaining trustees or depositories with respect to those securities; (5) selling through independent contractors; (6) soliciting or obtaining orders, by mail or through employees or agents or otherwise, if the orders require acceptance outside South Carolina before they become contracts; (7) creating or acquiring indebtedness, mortgages, or security interests in real or personal property; (8) securing or collecting debts or enforcing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired; (9) conducting an isolated transaction that is completed within thirty days and is not one in the course of similar transactions of a like manner; (10) transacting business in interstate commerce; and (11) owning, without more, an interest in a limited liability company organized or transacting business in South Carolina. DISCLAIMER—This answer is for informational purposes and is subject to the .com terms and conditions of use. It discusses general legal principles and is not intended as specific legal advice regarding your question. Full evaluation of your legal situation would require personal consultation permitting an understanding of all the facts and circumstances. This answer does not establish an attorney client relationship.