Articles of Organization in Louisiana | How to File in 2024

Steve Bennett
Business Formation Expert  |   Fact Checked by Editorial Team
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File Articles of Organization in Louisiana

Forming a Limited Liability Company (LLC) in Louisiana is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the Louisiana Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Louisiana.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

What is Articles of Organization?

Articles of Organization is a legal document filed with the Louisiana Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Resident Agent, and management structure. Once filed and approved by Louisiana, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Resident Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom ($0 + State Fee)

How to File Articles of Organization in Louisiana?

Aside from hiring a Resident Agent, you should also be aware that a Resident Agent should file Articles of Organization in your Louisiana LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Louisiana Secretary of State Corporations Search, usually available on the Louisiana Secretary of State’s website.

Step 2: Appoint a Resident Agent

Resident Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Louisiana LLC. Most states require LLCs to designate a Resident Agent when filing the Articles of Organization. The Resident Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Resident Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Resident Agent, appoint a friend or family member, or hire a professional Louisiana Resident Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Louisiana LLC. While the specific requirements in Louisiana, the document includes the following information:

  • The LLC’s name
  • The name and address of the Resident Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Louisiana, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Louisiana guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Louisiana Secretary of State. The submission process may vary depending on the method of choice; Louisiana allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Louisiana Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Louisiana Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Louisiana Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Louisiana LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to State of Louisiana Secretary of State, P.O. Box 94125, Baton Rouge, LA 70804.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Louisiana, the Articles of Organization fee costs around $100 which you can pay in the Louisiana Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Louisiana LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Louisiana can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Louisiana is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Louisiana, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Louisiana Department of Revenue.

In terms of franchise tax for your LLC in Louisiana, there is $10 minimum. Consult your Louisiana Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in Louisiana, paying required fees every 1 year (anniversary date), and keeping accurate records of your LLC’s activities. Stay informed about Louisiana specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Louisiana?

Yes, the Articles of Organization is necessary to be filed with Louisiana Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Resident Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Louisiana.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Louisiana Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC?
An LLC is a type of business entity that provides liability protection for its owners while keeping a relatively simple taxation structure.
Can I file my LLC registration online in Louisiana?
Yes, you can file your LLC registration online through the Secretary of State’s website.
What is the filing fee for an LLC in Louisiana?
The filing fee for an LLC in Louisiana is $100.
How many members are required to file an LLC in Louisiana?
You need at least one member to file an LLC in Louisiana.
Can a foreign LLC operate in Louisiana?
Yes, a foreign LLC can operate in Louisiana by registering with the Louisiana Secretary of State.
What is a registered agent?
A registered agent is a person or entity designated to receive important legal and tax documents on your LLC’s behalf.
Do I need a Louisiana address to form an LLC in the state?
Yes, you will need a Louisiana address to form an LLC in the state.
Is there an age requirement for forming an LLC in Louisiana?
No, there is no age requirement for forming an LLC in Louisiana.
Is there a publication requirement for an LLC in Louisiana?
No, Louisiana does not require a publication requirement for LLCs.
How long does it take to form an LLC in Louisiana?
It takes 3-5 business days to process an LLC registration in Louisiana.
What is the minimum annual tax for an LLC in Louisiana?
The minimum annual tax for an LLC in Louisiana is $110.
Can I form an LLC on my own or do I need a lawyer?
You can form an LLC on your own or hire a lawyer to assist you.
Are there any special requirements for Professional LLCs in Louisiana?
Yes, Professional LLCs must only be owned by licensed professionals and the name of the company must include the word “professional.”
Can I change the name of my LLC after registering it?
Yes, you can change the name of your LLC after registering it by filing a Name Reservation/Name Registration.
Can I start my LLC before I receive the Articles of Organization?
No, you cannot start your LLC before receiving the Articles of Organization as it is a mandatory legal document for doing business.
Is a Operating Agreement required for my Louisiana LLC?
No, an Operating Agreement is not required by Louisiana law, but it’s strongly recommended for running your LLC.
How can I check the name availability for my LLC in Louisiana?
You can check name availability for your LLC in Louisiana through the Secretary of State’s website.
Can I convert my LLC to a different business entity type later on?
Yes, you can convert your LLC to a different business entity type by filing Articles of Conversion with the Louisiana Secretary of State.
Can I dissolve my LLC if I am not doing business in Louisiana?
Yes, you can dissolve your LLC even if you are not doing business in Louisiana.
Can I change my LLCs principal office address and registered agent?
Yes, you can change your LLCs principal office address and registered agent by filing an Amendment with the Louisiana Secretary of State.
Do I need to provide a Social Security Number to form an LLC in Louisiana?
No, you are not required to provide a Social Security Number to form an LLC in Louisiana.
Can I form a series LLC in Louisiana?
Yes, you can form a series LLC under Louisiana law.
Is single-member LLC registration possible in Louisiana?
Yes, single-member LLC registration is possible in Louisiana.
Do I need to file an Annual Report for my LLC in Louisiana?
Yes, all LLCs registered in Louisiana are required to file an Annual Report.
Can I reserve a name for my LLC before registering it in Louisiana?
Yes, you can reserve a name for your LLC before registering it in Louisiana for a period of 60 days.
Can I use abbreviations or symbols in my LLC’s name in Louisiana?
Yes, you can use abbreviations or symbols in your LLC’s name in Louisiana.
Can I register a website domain name with my LLC name in Louisiana?
Yes, you can register a website domain name with your LLC name in Louisiana.
What happens if I don’t file Annual Reports for my LLC in Louisiana?
If you don’t file Annual Reports for your LLC in Louisiana, the company could be terminated and the state may dissolve your LLC.
Why should I file Articles of Organization for my LLC in Louisiana?
If you plan to do business in Louisiana, you are required by law to file Articles of Organization with the Secretary of State, plus it makes you a recognized business entity in the state.
What is the process for filing Articles of Organization in Louisiana?
You can file Articles of Organization online or by mail with Louisiana Department of State.
How much will it cost to file articles of organization in Louisiana?
It costs $100 for the filing fee.
Who can file Articles of Organization in Louisiana?
Anyone authorized to do business in Louisiana can file LLC formation documents in the state.
How long will it take to process my Louisiana LLC Articles of Organization?
Processing time is typically 3-5 business days for online filings and 7-10 business days for paper filings.
Can I file Louisiana LLC Articles of Organization by mail?
Yes, you can download and submit the necessary forms.
What must I include in my Louisiana Articles of Organization for my LLC?
required terms that each LLC must have, such as the business name and the street address of the LLC.
Can I reserve a certain name for my LLC until I am ready to file Articles of Organization in Louisiana?
Yes, you can reserve a name for 120 days by filing an Application for Reservation of Name with Secretary of State
What are the restrictions on Louisiana LLC names?
Louisiana LLC names can’t be identical or similar to other Louisiana LLCs’ names or companies in the state of Louisiana; they should generally look unique.
Can a foreign LLC do business in Louisiana without filing Articles of Organization?
No. if you plan to conduct business in Louisiana, your business must be registered and pay registered agent fees
Who is the registered agent, and do I need one to file Articles of Organization for my LLC in Louisiana?
Louisiana LLC law requires all LLCs located in the state to have a registered agent for your business. Your agent can be an individual or an entity authorized to do business in Louisiana.
Can I be the registered agent for my Louisiana LLC?
Yes, you can be the registered agent for your own Louisiana LLC; you will need to give your name and physical address in the Articles of Organization filed in Louisiana.
How long can I make my LLC filing effective date in Louisiana?
You can make the LLC filing effective on a later date up to 90 days from the date of filing.
How many members must an LLC in Louisiana have?
There is no minimum due to which you can form an LLC in Louisiana.
Can I operate my Louisiana LLC myself, or do I need to hire an attorney?
Sole LLC members who want to save money or are comfortable with Louisiana state law have the option to file Articles of Organization online without legal help. That said, larger LLCs or people with complex processes typically use an attorney to make sure everything gets done correctly and following regulations.
Is the Louisiana LLC tax structure complex?
The LLC pass-through model applies to Louisiana LLCs. Each shareholder is taxed at their individual federal income tax rate on income from the LLC.
Are Louisiana LLCs required to file annual reports?
Yes. Louisiana LLCs must file Annual Reports with the Louisiana Secretary of State every year.
What information is required on the Annual Reports for Louisiana LLCs?
Members, managers, registered office, and annual taxes.
What happens if I file my Louisiana LLC Articles of Organization but don’t a file Annual Report and Taxes?
A fine will incur.
Can I dissolve my Louisiana LLC if I no longer need it?
Yes, in Louisiana, LLCs dissolve once the articles of termination are filed, the procedures of which either require meeting by the entire membership or a written consent signed by all owners.
How long does it take to dissolve an LLC in Louisiana, and what are the fees?
The process of closing down a Louisiana LLC typically takes 8-10 business days and requires an application filed with the state ($10), final tax return and using publication ($75)
Can I reinstate my dissolved Louisiana LLC?
Yes, you can reinstate your Louisiana LLC by filing articles and all missed annual reports with an impact on penalties.
Can an LLC member work outside the company?
Members can technically work outside the company but have to disclose the nature of other activities and alert their LLC operations accordingly.
How can you receive advice or tips in starting off the LLC correctly in Louisiana?
Consider speaking with legal counsel or transitioning through online legal services such as LegalZoom, Rocket Lawyer to ensure everything was done accordingly.
Where else can I find more information regarding Louisiana LLC formation process?
You can visit the Secretary of State’s website, small Business Administration, SCORE, and University of Louisiana Small Business Development Centre

Also Read

Can You Change or Modify Your Louisiana LLC Articles of Organization?

The good news is that yes, you can modify your LLC’s Articles of Organization in Louisiana. The process is relatively straightforward and allows businesses the necessary flexibility to adapt to new circumstances. However, it’s crucial to follow the proper legal procedures and understand the implications of any changes made.

Firstly, ensure you familiarize yourself with the existing Articles of Organization for your LLC. This document is legally binding and serves as the founding agreement for the company. Once you have a comprehensive understanding of its contents, carefully consider the amendments or modifications that need to be made. Common reasons for changing the Articles of Organization include altering the company’s name, adding or removing members or managers, changing the registered agent, or revising the purpose of the company.

To begin changing the Articles of Organization, the Louisiana Secretary of State requires the completion of specific forms. The specific form that needs to be submitted depends on the type of modification being made. These forms can usually be found on the Louisiana Secretary of State’s website, easily accessible for download. Make sure to complete the forms accurately and correctly as any mistakes may cause delays or even rejection of the modification request.

Once the requisite forms have been accurately filled out, they must be submitted to the Louisiana Secretary of State along with the necessary filing fee. It’s vital to ensure that all information on the forms is accurate and up to date, including information regarding the LLC itself, such as the name, mailing address, and contact information. Providing incorrect information or incomplete forms might result in adverse consequences.

Upon filing the modification request, the Louisiana Secretary of State will review the submission. It’s important to note that the review process time can vary, and businesses may need to exercise patience during this stage. It’s advisable to maintain copies of all submitted documents for future reference and to consult with legal professionals experienced in LLC modifications or even Limited Liability Company Operating Agreements to guide you through this process.

Overall, the ability to change or modify the Articles of Organization in a Louisiana LLC allows for adaptability and customization in response to the changing dynamics of business operations. While the process may seem daunting, understanding the necessary steps, accurately completing the required forms, and submitting them to the Louisiana Secretary of State will manage these changes efficiently. Remember, maintaining accurate and up-to-date business documents ensures legal compliance and represents a reliable foundation for your company’s future.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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