Louisiana Certificate of Formation: What Is It and The Filing Procedures in the Bayou State

 

 

Do you own or operate a business in Louisiana? If so, did you know that you are required to file a Certificate of Formation? This document is used to create a legal entity for your business and sets out the basic information about your company. In this blog post, we will provide an overview of the Certificate of Formation and the steps involved in filing for a Certificate of Formation in Louisiana.

What is a Certificate of Formation and why do you need one for your business in Louisiana 

A Certificate of Formation (also known as an Articles of Incorporation in some states) is a document that is filed with the state to officially form a corporation. The Certificate of Formation must include certain information about the corporation, such as the name, address, and contact information of the incorporator, the purpose of the corporation, and the names and addresses of the directors. In Louisiana, the Certificate of Formation must also include the corporate veil provision discussed below. Once the Certificate of Formation is filed and approved by the state, the corporation will be officially formed and can begin conducting business.

While it is not required by law to have a Certificate of Formation to form a corporation in Louisiana, it is generally recommended by attorneys since it helps to establish formalities and can prevent personal liability for corporate debts or liabilities. Additionally, banks often require a copy of the Certificate of Formation when opening a corporate bank account. Therefore, while it is not strictly necessary to have a Certificate of Formation to form a corporation in Louisiana, it is generally a good idea to go ahead and file one.

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How to file a Certificate of Formation with the Louisiana Secretary of State

 

 In order to file a Certificate of Formation with the Louisiana Secretary of State, you will need to gather the following items:

  1. The name of your LLC. This should be the name you want to use for your business. It must include the phrase “Limited Liability Company” or “LLC.”
  2. The registered agent’s name and address. This is the person or company who will receive legal documents on behalf of your LLC.
  3. The LLC’s principal office address. This is the address of your LLC’s main office.
  4. The names and addresses of each member of your LLC.
  5. The LLC purpose statement. This states what your LLC will be doing.
  6. The duration of your LLC, if it is not perpetual
  7. The signature of a person authorized to sign on behalf of the LLC
  8. The filing fee, which is $100 as of 2019

Once you have gathered all of the required items, you can file your Certificate of Formation by mail, in person, or online through the Secretary of State’s website.

The documents and information that you will need to provide when filing for a Certificate of Formation

 When you file for a Certificate of Formation, you will need to provide several documents and pieces of information.

  • First, you will need to draft your company’s Certificate of Formation. This document includes basic information about your company, such as the company name, address, and contact information.
  • Next, you will need to file this document with the appropriate state agency. In most states, this is the Secretary of State’s office.
  • Finally, you will need to pay the filing fee, which is typically around $100. Once these steps are completed, your company will be officially formed!

 

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The benefits of having a Certificate of Formation in Louisiana 

  • One of the benefits of having a Certificate of Formation in Louisiana is that it allows your company to operate as a limited liability company (LLC). This means that your personal assets are protected from lawsuits or other debts incurred by your business.
  • Additionally, an LLC can help you to save on taxes by allowing you to choose how your business will be taxed. For example, you can choose to be taxed as a sole proprietor, partnership, or corporation.
  • You will also need a Certificate of Formation if you want to open a bank account in your company’s name. This document proves to the bank that your company is legitimate and that you have the authority to open an account on behalf of the business.
  • Finally, a Certificate of Formation can also make it easier to apply for business licenses and permits. This document can show that your company is properly formed and registered with the state, which can streamline the application process.
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How much it will cost to file for a Certificate of Formation in Louisiana 

In Louisiana, the cost of filing for a Certificate of Formation depends on the type of business entity you are forming. For example, the fee for forming a limited liability company (LLC) is $100, while the fee for forming a corporation is $175. The state also charges a $25 fee for each registered agent listed on the Certificate of Formation.

Additionally, there may be additional fees associated with publishing notice of your formation in a local newspaper. Overall, the cost of filing for a Certificate of Formation in Louisiana ranges from $100 to $225, plus any additional publication fees.

The processing time for your Certificate of Formation

Once you have submitted your Certificate of Formation to the state, it can take anywhere from a few days to a few weeks for the state to process your filing. While this may seem like a long time, it is actually quite typical for businesses to experience a slight delay in the processing of their formation documents.

In most cases, the state will notify you once your certificate has been processed and you will be able to move forward with the next steps in forming your LLC. However, if you have not received any notification after several weeks, it is advisable to reach out to the state directly to inquire about the status of your filing. By following up with the state, you can ensure that your LLC is on track to be fully formed and operational as soon as possible.

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Brief overview

A Certificate of Formation is an important document for your business in Louisiana. By filing a Certificate of Formation with the Louisiana Secretary of State, you are creating a legal entity for your business and establishing yourself as a business owner in the state. The benefits of having a Certificate of Formation in Louisiana include limited liability protection for you and your business, the ability to contract with other businesses, and the ability to open a bank account in the name of your company.

 

 

Frequently Asked Questions

How do you I get a certificate of formation in Louisiana?

You can get a certificate of formation in Louisiana by filing the necessary paperwork with the Louisiana Secretary of State. The specific forms you will need to file depend on the type of business entity you are forming, but all businesses will need to submit a Certificate of Formation.

Is a certificate of status required in Louisiana?

No, a certificate of status is not required in Louisiana. However, you may need to submit a Certificate of Good Standing if you are applying for business licenses or permits, or if you are trying to open a bank account in the name of your company.

How do I get a letter of good standing from Louisiana?

You can get a letter of good standing from Louisiana by contacting the Louisiana Secretary of State. You will need to provide the name and address of your business, as well as the date you were formed or registered in the state. The Secretary of State will then generate a letter of good standing that you can use for business purposes.

What is a Louisiana certificate?

A Louisiana certificate is an official document issued by the state. There are many different types of certificates, but a Certificate of Formation is required in order to legally establish your business in Louisiana.

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