Start an LLC in Louisiana

First, you need to name your LLC. LA Rev Stat § 12:1306 lists out all the rules for naming an LLC in Louisiana. Basically, your LLC’s name must:

• Contain an indicator such as “limited liability company,” “L.L.C.,” or “LLC.”
• Not include words that could spell confusion around your entity type, like “incorporated” or “limited partnership.”
• Be unique among business names in Louisiana.

Already have a business name in mind? Check to see if it’s available. If it is, you can reserve it for 120 days by filing the Reservation of Limited Liability Company Name application and paying the $25 fee.

Want to do business under a second (or third or fourth) name? Register a Trade Name (also called a DBA) with the Secretary of State. Just complete the Application for Registration of Trade Name (or file on Louisiana’s online business portal) and pay the $75 registration fee.

Registered agents—sometimes called just “agents” in Louisiana—are required by law. A registered agent can be an individual or a business and must be available during regular business hours to accept legal mail, like lawsuits, on your behalf.

When filling out your LLC paperwork, you’ll need to include the name and address of your registered agent. According to Louisiana business statute §1305, you’ll also need to include a signed affidavit where your agent acknowledges their responsibility to your business. (Part of your formation documents, this statement holds as much legal power as a court testimony.)

You can change your registered agent in Louisiana at anytime for $25 by filing the “Notice of Change of Registered Office and/or Change of Registered Agent” with the Louisiana Secretary of State.

To register your Louisiana LLC, you’ll need to file your Articles of Organization and Initial Report with the Secretary of State and pay the $100 filing fee (plus $5 if you file online). The Articles of Organization may need amending from time to time, but never needs to be re-submitted. However the Initial Report functions as your first ever annual report, so this information will need to be re-submitted annually.

You cannot form your LLC without filing both these forms. All of the information on these forms will become part of the public record.

Because Louisiana requires both your Articles of Organization and the Initial Report to be submitted together, the information below is be required in order to properly fill out both.

• Transmittal Information. Paper filing only. Indicate if payment is enclosed and whether the documents should receive standard or expedited processing. You’ll also need to provide contact information.
• Tax Information. Online filing only. You have the option to register with the state tax and employment departments.
• LLC Ownership Type. Online filing only. How your business is classified for taxation by the IRS. A multi-member LLC is classified as a partnership and a single-member LLC as a sole proprietorship.
• Company Name. This is your legal business name, not a DBA.
• Purpose. Most people check the box “engaging in any lawful activity.”
• Duration. Unless you have an end date for your LLC, you can leave this blank.
• Registered Office. This is the physical address where you will receive legal documents.
• Registered Agent. Name your registered agent here.
• Registered Agent Affidavit. A notarized affidavit is required to confirm your agent knows their duties and responsibilities. This is a part of your Articles of Organization document.
• LLC Management. If your LLC is managed by its members, include their names and addresses. If your LLC is managed by managers, include their names and addresses.
• Louisiana Organizer. Your organizer is the person who is actually filing your formation paperwork with the state.
• Notarization. Paper filing only. You will need to have a notary sign your Articles and Initial Report.

An operating agreement is basically a user’s manual for your business. It should offer clear definitions of ownership percentage, voting rights, distribution of profits and losses, as well as rules for buying out a member.

Operating agreements are not legally required in Louisiana, but without your own, you’re subject to the “default rules” set by the state. Plus, you’ll likely need one to open a business bank account.

Contact a lawyer or use our free Louisiana LLC Operating Agreement Template.

If you’re going to make money, you’ve got to let Uncle Sam know. You can get an EIN (a unique number that acts like your business’s social security number) by filing an application with the IRS.

From there, you can open a business bank account (crucial for your limited liability protection) and fund the business. Generally speaking, each member should make an initial contribution to pay for their membership interest.

Though it might feel like a big hurdle, Louisiana taxes and reports are nothing to be afraid of. Here’s the breakdown:

• Taxes: Louisiana LLCs are taxed as “pass-through entities” which means the members report the profits on their personal tax filings. Instead of paying corporate taxes on the earnings, the members pay the federal self-employment tax rate of 15.3%.
• Annual Reports: Once a year, you must file and submit an annual report for your Louisiana LLC. This needs to be submitted by the LLC’s anniversary date. It costs $30 to file by mail and $35 to file online. (Worried you’ll forget? Let us file your annual report for you.)
• BOI Report: Most Louisiana businesses are required to file a Beneficial Ownership Report within 90 days of formation. You’ll include information on who runs your business, both on paper and in practice. This information will go in a private federal database. You can file your BOI Report on the BOI E-Filing System for free. Any update (like if you get a new manager) can be made on the same filing system. (Sick of paperwork? Hire us to do it for you)

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.