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South Carolina Public Charities Compliance Checklist

Published: Last updated: Reviewed: Sources: sos.sc.gov scstatehouse.gov

TLDR

South Carolina nonprofits face three recurring compliance touchpoints: registering with the SC Secretary of State Public Charities Division, filing the Annual Financial Report on schedule, and clearing the state audit threshold ($500,000 in gross revenue (audited financial statement per S.C. Code § 33-56-110)). This checklist walks through initial registration, the annual renewal cadence (4 months and 15 days after fiscal year end), required attachments, fee tiers ($50 annual renewal), common rejection reasons, and the closeout steps when activity in South Carolina ends. Pulled from S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act) and the SC Public Charities Division portal at https://sos.sc.gov/charities.

Why South Carolina Compliance Is Worth Calendaring Now

South Carolina enforces a $10 per day late fee, capped at $1,000. Suspension is automatic after 90 days delinquent. Every South Carolina nonprofit that solicits contributions has the same three obligations: an initial registration filed before solicitation begins, a recurring Annual Financial Report renewal at the cadence the SC Secretary of State Public Charities Division sets, and the financial schedules and disclosures the statute requires. None of those are dramatic on their own. They become dramatic when one slips and a foundation grantmaker checks public registry status before approving an award.

The governing law in South Carolina is S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act). The administrative portal is https://sos.sc.gov/charities. Fees, deadlines, and forms can change between fiscal years - confirm against the source before each cycle.

This checklist is structured the way the work actually flows: confirm your registration trigger, complete the initial registration, calendar the recurring renewal, manage the audit threshold, and handle closeout. Each step links to the form name and authority so you can hand it to a colleague without re-explaining context. For broader grant compliance scope beyond charitable registration, see our Grant Compliance 101 for Nonprofits guide and the South Carolina nonprofit software overview.

Step 1: Confirm Whether You Must Register

  • Determine the registration trigger. Most South Carolina 501(c)(3) charities that solicit contributions from South Carolina residents must register with the SC Secretary of State Public Charities Division under S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act).
  • Check exemption categories. Religious organizations, accredited educational institutions, certain government-affiliated entities, and small organizations under specific revenue thresholds may be exempt. Read the statute, do not rely on assumption.
  • Document any claimed exemption. If you believe you are exempt, keep written documentation of the category and supporting facts. Some exemptions require an affirmative filing with the SC Public Charities Division; others apply automatically but still require records if questioned.
  • Confirm out-of-state solicitation rules. A nonprofit headquartered outside South Carolina that runs an email campaign or direct mail to South Carolina residents is generally soliciting in South Carolina for registration purposes.

South Carolina Public Charities Compliance Checklist

A practical compliance checklist for South Carolina nonprofits covering Annual Financial Report filings with the SC Secretary of State Public Charities Delivered by email.

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Q&A

What state agency regulates nonprofit charitable solicitation in South Carolina?

The SC Secretary of State Public Charities Division regulates charitable solicitation in South Carolina under S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act). Filings are submitted through https://sos.sc.gov/charities.

Q&A

What is the deadline for the Annual Financial Report?

4 months and 15 days after fiscal year end. Calendar this date the day registration is approved - most missed renewals trace back to the deadline never being entered into a shared calendar.

Q&A

How much does South Carolina charitable registration cost?

Initial registration is $50 initial registration. Annual renewal is $50 annual renewal. Confirm tier on the SC Public Charities Division fee schedule.

Q&A

When does South Carolina require an independent CPA audit?

$500,000 in gross revenue (audited financial statement per S.C. Code § 33-56-110). Engage a CPA firm before fiscal year end if you are within 10% of the threshold - audit engagements typically take 60-120 days.

Q&A

What attachments are required with the Annual Financial Report?

Most South Carolina renewals require IRS Form 990 (or 990-EZ/990-PF), a list of officers and directors, and the financial schedule appropriate to your gross revenue tier. Audited statements are required at the audit threshold.

Frequently asked

Frequently Asked Questions

Any 501(c)(3) or charitable organization that solicits contributions from South Carolina residents - including online appeals targeting South Carolina donors - must register before fundraising begins. Some categories of organization (religious, certain educational institutions) may be exempt under S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act), but exemption is not self-executing in most cases.
Annual Financial Report is the recurring filing required by the SC Secretary of State Public Charities Division to maintain registration. It is due 4 months and 15 days after fiscal year end. Late filings incur penalties and can lead to suspension of registration.
Initial registration costs $50 initial registration. Renewal is $50 annual renewal. Fees may be tiered based on gross revenue or contributions, so verify the exact tier on the SC Public Charities Division fee schedule before submitting.
$500,000 in gross revenue (audited financial statement per S.C. Code § 33-56-110). The threshold is calculated on a per-fiscal-year basis. Organizations crossing the threshold mid-year often discover the obligation only when assembling the next renewal package - start CPA procurement early.
The SC Public Charities Division can issue cease-and-desist letters, assess late fees and penalties, and pursue civil enforcement under S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act). Donors may also have refund rights for contributions solicited unlawfully. The reputational risk is bigger than the dollar penalty: foundation grantmakers check public registry status before approving awards.
Some categories are exempt under S.C. Code § 33-56-10 et seq. (South Carolina Solicitation of Charitable Funds Act), but exemption is not automatic. Document your basis for the exemption in writing and, where the agency provides a process, obtain an exemption letter rather than relying on an implicit qualification.