Welcome to Start a Business’s guide to LLC registration in the state of Louisiana. Representatives of both foreign and domestic entities will be able to take advantage of the Secretary of State’s geauxBIZ portal; a website which has allowed for a smooth and virtually stress-free registration experience. We’ve covered both the online registration process as well as the paper filing procedure in our tutorials linked below. Note that if you choose to print off the filing forms, you will have to file with the Department of Revenue and Louisiana Workforce Commission separately (these two processes have already been consolidated into the geauxBIZ platform). Regardless of how you decide to file, you will need to pay the filing fee of either $150 if filing as foreign entity or $100 if forming a new domestic LLC. All limited liability companies must submit their documents and conduct business in accordance to RS 12:1342 and/or RS 12:1304 .
Note- All foreign entities will need to supply a certificate of good standing issued within 60 days of their filing with the Louisiana Secretary of State. There will be a step provided for online filers to upload the PDF of this certificate onto the form. Otherwise, you will be required to attach this certificate to your Application for Authority.
How to File
Step 1- The Louisiana Secretary of State advises all registering entities to first perform a Name Reservation to ensure that the title they plan to operate under is completely unique to their LLC. This document is also an imperative step in the online filing process as it will allow for new business entities to obtain their FEIN, a piece of information required early in the registration process. This will also benefit foreign entities as it will allow them additional time to file without the stress of other companies registering under their name.
Step 2- Once you’ve established the name reservation and you have your FEIN on hand, you can proceed with the filing of your documents online. Paper filers needn’t worry about the acquisition of a FEIN until after the filing process. Below we’ve detailed both the online and the paper registration procedures for both foreign and domestic entities. Select the applicable link to learn more.
Step 3- Now that you’ve completed the online/paper application, you will be able to supply the corresponding filing fee. As mentioned above, this will mean $100 for domestic filers and $150 for foreign. If you’re submitting the paper application, you can attach a moner order or check made out to the Secretary of State, or you can provide your credit card number and expiry date on the transmittal form. Those who have finished the geauxBIZ application will be able to enter their credit card information and finish by clicking Checkout & File.
Step 4- All documents once completed can be sent in the mail with the attached filing fee to the below address. It will be necessary for you to attach a certificate of good standing if you’re applying as a foreign llc.
P. O. Box 94125
Baton Rouge, LA 70804
FEIN- FEIN stands for the Federal Employer Insurance Number and it will be necessary for all those wishing to hire employees or otherwise transact any manner of financial transaction to obtain one from the IRS. The application can be accomplished online or through the mail with the PDF application Form SS-4. The geauxBIZ website has made it necessary for domestic filers to apply using this identifier so that they can also register with the Department of Revenue and the Louisiana Workforce Commission. The EIN is a vital aspect of your business’s formation, without one the IRS will not be able to identify you as a legitimate tax paying entity.
Operating Agreement- There’s a good chance that the provisions supplied in the Articles of Organization of your company are not sufficient in organizing the various internal affairs of your business which is why you should consider drafting an operating agreement. This document is used to delineate the relationship between the members of the company and the company itself. This will include the percentage of interest of each managing member, the distribution of assets upon dissolution, the allocation of funds and the like. A free template can be found linked at the beginning of this paragraph, available in both Adobe PDF and MS Word formatting.
Renewal-Each entity operating in Louisiana will be required to renew each year by updating the Secretary of State with any changes which have happened over the previous 12 months. This can be accomplished in the form of an annual report, submitted online, within 30 days of the renewal date. The required pieces of information to do so are your charter number and renewal ID. After 2016, the postcard reminder system will discontinue and it will be necessary for business representatives to register for geauxBIZ account to file their annual reports.