Non-Compete Agreement in South Carolina — Free PDF & Word (2026 Updated)
Restrict employee from competing after leaving
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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.
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 Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Carolina standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Carolina |
| Sales Tax | 6% | South Carolina base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | South Carolina requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
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.
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
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
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
Other Forms in South Carolina
Non-Compete Agreement in Neighboring States
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.