Limited Liability Formation in Louisiana
Limited liability company formation in Louisiana occurs when the business files a document called the articles of organization with the Louisiana Secretary of State. The Louisiana Secretary of State provides LLCs with fill-in-the-blank articles of organization. The company's owners have to create rules and regulations that indicate how the members and managers will govern the business.
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Business Name
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Business owners must conduct a preliminary name search to determine if the name of the company is the same as an existing Louisiana business. Business owners can use the Louisiana Secretary of State website to confirm name availability, or the business owners can call the Louisiana Secretary of State office to confirm name availability. The name of a Louisiana LLC cannot appear too similar to an existing business in the Louisiana Secretary of State database. The LLC identifier "Limited Liability Company" must appear on the end of the company's legal name.
Articles of Organization
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Business owners can print fill-in-the-blank articles of organization from the Louisiana Secretary of State website. The LLC must supply information such as the length of the company's existence, the purpose for forming the business, and whether members of the company or non-members will manage the company. The name and address of the company's registered agent must appear in the articles. The registered agent accepts legal processes served against the Louisiana LLC. The articles must contain the name and address of each person or business responsible for organizing the company. A member, manager or authorized individual has to sign the articles of organization.
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Filing
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LLCs in Louisiana can file articles of organization by fax, which must include a coversheet indicating the name of a contact person, mailing address, phone number, credit card number and return fax number. In addition, the LLC can submit articles of organization to the Louisiana Secretary of State by mail or in person at the Louisiana Secretary of State office. As of 2011, it costs $60 to file articles of organization with the Louisiana Secretary of State, and an additional $30 to have approval of articles of organization within 24 hours.
Operating Agreement
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The state of Louisiana does not require an LLC to create an operating agreement, but it will help the company avoid disputes between the company's members and managers. The operating agreement needs no specific provisions, but can contain information regarding the time and place of member meetings, the responsibilities of the company's managers and each member's contribution to the business. The operating agreement needs to remain at the LLC's main business location.
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