Things You'll Need:
- Internet access
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Step 1
Following these steps will allow you to form a legal and valid Limited Liability Company, or L.L.C. in Louisiana. This is just the first step in successfully operating an L.L.C. and the advice of a reputable Louisiana licensed attorney will be invaluable in helping you do things correctly and get the most out of your L.L.C. if the L.L.C. is going to have more than one member then it is highly advisable to have a contract between those two or more members that governs how the L.L.C. will be run, how profits and losses will be shared and how the company can be sold or dissolved. The advice of a good lawyer is needed to help formulate this contract, usually called an operating agreement. Remember many good friendships and businesses have ended because the rules were not spelled out in the beginning.
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Step 2
Download the form provided by the Louisiana Secretary of State's office on it's website at http://www.sos.louisiana.gov.
The forms are located in the Commercial heading of the site. It is form number 365. The forms contain two separate documents that must be completed. They are the Articles of Organization and the Initial Report. -
Step 3
Choose a name for your new limited liability company. No matter what name you choose it must end with the abbreviation L.L.C.
The name must be unique and not already registered with the Louisiana Secretary of State. Browse the corporations database on the Secretary of State's web site to see of the name that you want has already been taken. To make doubly sure that the name is available it is best to call the Secretary of State's office and confirm the availability.
Once you have the name it is time to fill out the Articles of Organization and the Initial Report. -
Step 4
Start with the Articles of Organization.
List the name of the new L.L.C. that you chose in Step 2. Remember the name always ends in L.L.C.
The next question then asks the purpose of the L.L.C. It is generally best to check the box that states that the L.L.C. is formed for any lawful purpose. This is simply the easiest answer and it doesn't limit the business going forward.
The next question asks you for the duration of the L.L.C. Again, the best answer is to simply state that the duration of the L.L.C. is perpetual. It won't limit the business in the future.
Leave the "other provisions" section blank. -
Step 5
Once the Articles of Organization are completed they must be signed by a member of the L.L.C. Generally this is the member that is completing the forms on behalf of the L.L.C. or simply each member of the L.L.C. It is not required that all members sign this document, but they may.
The signature must be Notarized. Any lawyer or Notary Public can do this and should not charge more than twenty five or thirty dollars. Many lawyers will notarize documents free of charge as a way of establishing a relationship with a new business owner. Call around, particularly to smaller law offices or solo lawyers. -
Step 6
Next is the Initial Report of the new L.L.C.
While many lawyers will produce their own Articles of Organization and Initial Report using a word processor, it is not necessary. Simply filling in the forms, by hand or using a PDF editing program, provided by the Secretary of State provides you with a valid L.L.C.
The Articles of Organization simply ask for the name of the L.L.C., which you chose in Step 2. You will also need to provide an address for the L.L.C. This cannot be a P.O. Box, it must be a municipal address for a physical location, e.g. 321 Easy Street, Baton Rouge, LA 70809.
Remember that this information is public, it's best to give a business address rather than your home address, for privacy reasons. -
Step 7
You now need to list your registered agent. This is the person who will receive all official correspondence for the L.L.C. This is a very important role to consider. This will be the individual who gets important notices about the legal status of the L.L.C., tax information from the I.R.S. and notice of any lawsuits filed against the L.L.C. These things may include deadlines for response so it is important to chose a registered agent who is responsible, available and concerned. A member of the L.L.C. can be the registered agent. Again a municipal address is required.
The registered agent's signature and his acceptance of the position must be Notarized. -
Step 8
You will also need to provide the name of the first manager or members of the L.L.C.
In Louisiana, the people that are part of the L.L.C. are called members. If you have a business partner then the two of you will become members of the new L.L.C. Some L.L.C.'s elect to have a person designated the manager of the L.L.C., this is simply someone who manages the affairs of the L.L.C. and may or may not be a member of the L.L.C. as well.
IT IS LEGAL in Louisiana to have an L.L.C. with only one member.
Again, each member that you include in the Articles of Organization must give a municipal address.
Each member listed in the Articles of Organization must then sign the Articles of Organization. -
Step 9
Once the Articles of Organization and the Initial Report are complete, fill out the transmittal form and fax, mail or hand deliver your paperwork to the Louisiana Secretary of State, along with the $ 75.00 dollar fee.
Within a few days you should receive a certificate from the Louisiana Secretary of State. Your L.L.C. is now official and you may start conducting business as the L.L.C.
If you bring your paperwork in person you can pay an additional fee to "expedite" your paperwork and get your official evidence of existence certificate.
