Louisiana LLC Formation Guide

This step-by–step guide for starting an LLC Louisiana contains detailed instructions on how to file documents, get tax IDs, set up company records, and more.

Overview

LLCs are the most common business structure. They are cost-effective, flexible, and easy to operate. The legal formation of an LLC allows you to establish your business, limit your personal liability, and gives you tax flexibility. You will find the steps below helpful as you complete this process.

Louisiana LLC Instructions – Step-by –

  1. Check Name Availability

    Your LLC’s legal title may not be confused with any other registered name. Conduct a name look to verify availability.

    Name Search Louisiana Secretary-of-State – Commercial Section

    Name searching

    Name Reservation Optional
    Suffix: Shall contain “limited liability company”, abbreviation L.L.C. “, or the abbreviation L.C.” For low-profit limited liabilities companies, the words “low-profit company” should be included.

    Louisiana RS §12:1306

  2. Nominate a registered Agent

    Before you can officially file to form your Louisiana LLC you need to choose who your Louisiana Registered Agent will be. Registered agents are appointed by a business as their legal representative to receive legal and government notices.

    A registered agent is required by law in every state. The Louisiana Secretary of State Commercial Division will designate the registered representative when you file Louisiana articles.

  3. Louisiana Certificate of Formation

    Register the articles to form a limited liability corporation.

    Agency: Louisiana Secretary-of-State – Commercial Section
    Form:
    Articles of Organization-Louisiana Limited Liability Company
    Filing Method Mail, Fax, In-person or Online
    Agency Fee $100 + $30-$50 extra expedite fee
    Turnaround: ~1 week. $30 expedite charge. With in-person filing, you can wait while you wait for $50 expedite charge
    Law:
    Louisiana RS SS12:1301 et seq.
    Notes:
    • If you are filing by mail, please include:
      • Transmittal Information cover form
      • Form 365 – Articles of Organization for Louisiana Limited Liability Company
      • Form 973 – Initial Report to LLC
      • Signature notarized
      • Filing fee
    • Louisiana also offers L3C, which is a structure that has additional formation requirements.
  4. Send your initial report

    Agency: Louisiana Secretary-of-State – Commercial Section
    Form:
    Supplemental Initial report
    Agency Fee Included in the foreign qualifications fee.
    Notes: If you are filing articles of incorporation, it is important to attach the initial report.
  5. Establish Company Records

    Your LLC must keep accurate records and books. Your LLC’s documents begin with your filed articles. Other records will be created by your LLC, including:

    • Minutes of a meeting
    • Operating agreement
    • EIN verification letter
    • Amendments and other filings made during the LLC’s lifetime
  6. Sign the Operating Agreement

    You can draft an Operating Agreement by using a template. This is the governing document that governs the LLC. This agreement defines the basic rules of the LLC’s operation, such as the holding of an annual meeting. You will discuss and approve the agreement at your organizational meeting.

  7. Host the Organizational Meeting

    The organizational meeting is a first meeting of LLC members. For this meeting you will need your operating agreement as well as your filed articles. Keep the minutes of this meeting.

  8. Get a Federal Employee Identification Number (EIN).

    EIN is required if your LLC employs more than one person or has multiple members. EIN is often required to open bank accounts.

    Agency: Internal Revenue Service
    Form:
    IRS SS-4
    Filing Method Mail, phone or fax
    IRS fee $0
    Turnaround: Instantly online or by phone 4 business day by fax. 4-5 weeks by postal mail
    Notes: The IRS website can only be accessed during specific hours. Print your EIN before you close the session. For additional guidance, visit IRS Pub1635: Understanding Your.
  9. Get Louisiana State Tax Identification Numbers/Accounts

    Louisiana offers a consolidated application for state tax registration.

    Send an email to:
    Louisiana Department of Revenue

    http://www.rev.state.la.us/

    Form:

    Form R-1619: Application to Louisiana Revenue Account Number
    Filing Method
    Mail or Online
    Fee:
    $0
    Turnaround:
    It takes 3 to 5 business days to order online and 4-6 weeks to send by mail
  10. Consider Electing C-Corp taxation or S-Corp taxation

    Your LLC automatically receives pass through taxation. The vast majority of LLCs however, keep this tax category. Some LLCs have the option to choose S-Corporation or C-Corp tax treatment.

    • S-Corp is a way for owner-employees earning more than $75,000 to save on self-employment taxes.
    • C-Corps have double taxation. Members pay taxes on the profits of the corporation, while members pay taxes when they receive their distributions. C-Corp treatment may allow you to benefit from low tax rates on retained earnings, if you have more than $250,000 in profits per owner.
  11. Get business licenses & permits

    The necessary licenses or permits are required in order to operate your business legally. Searching by business type and location using the Small Business Administration Business License & Permit search tool is the easiest way to navigate the vast array of federal, state and local requirements.

    Louisiana Business License

    NOT REQUIRED

     

    Louisiana does not require the licensure of general business licenses.

    Louisiana does NOT have a general business licence at the state level. However, licenses from local authorities are often required.

  12. Keep your LLC afloat with ongoing filings

    Federal and state tax returns must be filed.

    A lot of states require that business entities file an annually required report in order to remain in good standing with their secretary of state. See the table below for information on Louisiana LLCs.

    Louisiana Corporation Annual Report Requirements:

    Agency: Louisiana Secretary-of-State – Commercial Section
    Form:
    Search for your company record and print your form.
    Filing Method Mail or online .
    Agency Fee $30 + $5 charge to pay with credit card
    Due: An annual report must be filed each year on the anniversary of your incorporation. If you were formed on February 14th then your annual reports must be submitted by February 14th.
    Law:
    Louisiana Laws.
    Original Ink Not required
    Notarize: Not required
    Penalties: No late fee. There is no late fee for a business dissolution or revocation.
    Notes:
    • Online annual report filings must be completed no later than 30 calendar days before due date.
    • The filing of a complaint can be made by any officer, director, manager or member.
    • When you file via mail, original signatures are required