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Franchise Lawyers Serving South Carolina

What You Need to Know About Franchising

South Carolina

A state that loves being the leader of the pack, South Carolina boasts about being one of the original 13 colonies. On the flip side, they were also the first to secede from the Union during the Civil War. While they might not get everything right, starting a business in SC is definitely a good pursuit.

The Palmetto State is a non-registration state. So, channel your inner colonist and be a trailblazer with a new business venture. Whatever your passion, South Carolina is a great place to start! Keep in mind that if you do not have a federally registered trademark with the USPTO, you will have to get initial approval and pay a filing fee.


South Carolina Franchise Filing Fees

$100

Initial

$100

Renewal*

$0

Amendments**

*Renewal filings must be submitted before the expiration date every two years.

**South Carolina does not require the submission of amendment filings.

Notes

South Carolina requires payment of the filing fee via check made payable to “Secretary of State”.

South Carolina requires the registered agent for service of process for the franchisor be based in South Carolina. In most states, the Securities Commissioner or the Secretary of State will fulfill this role, but South Carolina does not allow for that. You will have to secure your own registered agent in South Carolina. We will provide you with a friend of the firm to help you with this process.

The South Carolina application is not required to be notarized, but the information for the registered agent must be included on it, so we recommend you secure one before we send you the application for completion.

The state requires the submission of the current FDD along with audited financials, but they do not conduct a full review, and filings are usually approved within a month.

When approved by the state, South Carolina will assign a registration number that must appear on all advertising used in promoting the franchise in South Carolina.

Did You Know?

South Carolina has more than 300 golf courses in total, and Myrtle Beach is known as the golf capital of the world.

Cool Kid Facts

Commercial and residential cleaning is the top franchise industry, with 9.1% of franchises being in this category.

IFA

South Carolina produces more peaches than Georgia.

Seven Seas Media

South Carolina Franchise Exemptions

Federally Registered Trademark – exemption from registration only

CORE

Flat Fee Program for Franchisors

Spadea Lignana’s CORE program for franchisors is a cost-effective and practical solution for the ongoing legal needs of franchisors, including but not limited to, FDD updates, state registrations and franchise agreement executions. Through a proprietary cloud-based system we can effectively and efficiently manage FDD Disclosures and Franchise Agreement executions for fair flat fees billed monthly. We believe that hourly billing, although necessary in certain circumstances like complex M&A deals and litigation, can weigh on the relationship between client and attorney.  By coming up with a fair flat monthly fee, the uncomfortable negotiating of whether or not a 6 minute increment in your bill for replying to an email was legitimate goes away.

Start With a Free Consultation

Attorneys Who Understand SC Franchise Law

Franchise laws vary from state to state, and it can be difficult to understand the requirements. Spadea Lignana has streamlined the process to ensure you remain compliant as you grow nationally.

We also work with franchisors nearby in North Carolina, Georgia, and Tennessee.

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