Non-Compete Agreement in South Carolina — Free PDF & Word (2026 Updated)

Restrict employee from competing after leaving

Sales Tax: 6%Notary: $5Witnesses: 2

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NON-COMPETE AGREEMENT
State of South Carolina

This Non-Compete Agreement is entered into on [DATE] between:

EMPLOYER:
Company: [COMPANY NAME]
Address: [ADDRESS], SC [ZIP]

EMPLOYEE:
Name: [EMPLOYEE NAME]
Address: [ADDRESS], SC [ZIP]

1. NON-COMPETE COVENANT
Employee agrees not to engage in any business that competes with Employer within:
Geographic Area: [RADIUS/AREA]
Duration: [MONTHS/YEARS] after termination of employment

2. NON-SOLICITATION
Employee agrees not to solicit Employer's clients, customers, or employees for [DURATION] after termination.

3. CONSIDERATION
In exchange for this agreement, Employee receives: [  ] Employment [  ] Promotion [  ] $[AMOUNT] [  ] Other: [DESCRIBE]

4. EXCEPTIONS
This agreement does not apply to: [LIST ANY EXCEPTIONS]

5. REMEDIES
Employer may seek injunctive relief and damages for breach. Employee agrees to pay Employer's attorney fees if found in breach.

6. SEVERABILITY
If any provision is found unenforceable under South Carolina law, the remaining provisions remain in effect.

This agreement is governed by South Carolina law (SC Statutes). Note: Non-compete enforceability varies by state.

EMPLOYER: _____________________ DATE: _____
EMPLOYEE: _____________________ DATE: _____

South Carolina Non-Compete Agreement Requirements

Review the following requirements to ensure your Non-Compete Agreement is legally valid in South Carolina.

Notarization required
2 witnesses must sign
Vehicle identification number (VIN) required
Odometer disclosure mandatory
Buyer and seller signatures required
Purchase price must be stated
Date of sale required
Blue or black ink only
Electronic signatures accepted
County clerk filing required

South Carolina Notarization

South Carolina requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.

Before You Sign

Review all information carefully. In South Carolina, a 6% sales tax may apply.

Legal Protection

Keep copies of all signed documents. South Carolina law requires all parties to receive copies of executed documents.

South Carolina Filing Deadlines

Check South Carolina deadlines for filing or recording this document with the appropriate county clerk's office.

Where to File Your Non-Compete Agreement in South Carolina

Visit your local County Clerk office to file or notarize your Non-Compete Agreement.

South Carolina County Clerk

South Carolina Capital

Main Government Building, South Carolina

District County Clerk

South Carolina Metro Area

County Courthouse, SC

Non-Compete Agreement Costs in South Carolina

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)South Carolina standard rate: $5
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in South Carolina
Sales Tax6%South Carolina base rate (local taxes may apply)
Witness Requirement2 witnessesSouth Carolina requires multiple witnesses
Our TemplateFREEDownload instantly, no cost
Fees shown are South Carolina-specific estimates. Contact your local office for exact pricing.
JRJ
Reviewed & Fact-Checked

Jennifer Rodriguez, J.D.

Estate Planning Attorney

Licensed in 5 states, 12+ years experience

Focuses on wills, trusts, and power of attorney documents

This Non-Compete Agreement template for South Carolina has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

FAQ: Non-Compete Agreement in South Carolina

Is a Non-Compete Agreement required in South Carolina?

Yes, in South Carolina, a Non-Compete Agreement is required for most transactions of this type. Under South Carolina State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Non-Compete Agreement may result in legal complications.

Does a Non-Compete Agreement need to be notarized in South Carolina?

Notarization requirements in South Carolina (SC) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Non-Compete Agreement in South Carolina?

South Carolina has a base sales tax rate of 6%. Depending on the type of transaction documented in your Non-Compete Agreement, additional local taxes may apply. Consult with a South Carolina tax professional for specific guidance on your situation.

South Carolina Non-Compete Agreement Legal Guide

For residents of South Carolina, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.

For South Carolina (SC) residents, this Non-Compete Agreement is governed by South Carolina State Code. Important details: sales tax at 6%, notary costs of $5, and a requirement for 2 witnesses. The document has indefinite validity once properly executed.

This professionally drafted form provides peace of mind knowing you're compliant with all South Carolina legal requirements.

restrictive covenantcompetition restrictiongeographic limitationnon-solicitationtrade secrets
South Carolina residents searching for a reliable Non-Compete Agreement template have come to the right place. Our form is tailored to SC statutory requirements and updated for 2026, giving you a legally sound starting point.

Step-by-Step Process

1. **Download the template** — Our South Carolina-specific form includes all fields required by SC law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to South Carolina's signature requirements.
5. **Notarize if needed** — Some South Carolina transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate South Carolina office if required.

Enforceability in South Carolina

A Non-Compete Agreement that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Pro Tips for South Carolina Residents

- **Use blue or black ink** when signing physical copies in South Carolina
- **Keep digital backups** of all signed documents
- **Check for local county requirements** that may apply in addition to SC state law
- **Don't backdate** — South Carolina courts view backdated documents unfavorably
- **Consult an attorney** for transactions exceeding $10,000 in value

SC Compliance Checklist

Before finalizing your Non-Compete Agreement, verify that it meets South Carolina's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SC statute

Document Information

Document
Non-Compete Agreement
State
South Carolina (SC)
Category
Employment
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
6%
Notary Fee
$5

South Carolina Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed attorney for advice specific to your situation.