How to File Louisiana Articles of Incorporation (original) (raw)

File Louisiana Articles of Incorporation

Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Articles of Incorporation, business owners in Louisiana can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file Louisiana Articles of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.

Whether you are a startup founder or a seasoned business owner, understanding the process of filing Articles of Incorporation in Louisiana, popularly known as The Pelican State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to Louisiana, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in Louisiana.

What is Articles of Incorporation in Louisiana?

The Articles of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the Louisiana Secretary of State ensures the formation of the corporation in Louisiana officially. The Articles of Incorporation is similar to filing the Louisiana LLC Articles of Organization while filing an LLC in Louisiana.

Louisiana, also known as The Pelican State, has some rules when it comes to file the Articles of Incorporation. We shared the step-by-step process here to file the incorporation document with the Louisiana SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the Louisiana SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

– LLCBuddy Editorial Team

How to File Louisiana Articles of Incorporation

You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In Louisiana, you can file it in four ways, online, by mail, fax, and in person. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first step is to get the Articles of Incorporation form from the Louisiana Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $75 for filing online, fax, in person and by mail when submitting the form. Following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the Louisiana corporation naming requirements too. There are a few points to note when you name your company. They are,

You cannot have a name used by other companies or businesses.
You cannot have any name that is misleading or the same as government organizations.
Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in Louisiana. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

Louisiana Resident Agent

The next point is to provide information about the Resident Agent. The Louisiana Resident Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Resident Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Resident Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In Louisiana, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.

If you amend Louisiana Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the Louisiana SOS while filing the Articles of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In Louisiana, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in Louisiana, then you must add one document along with the Articles of Incorporation. Foreign corporations in Louisiana must submit the Louisiana Certificate of Good Standing along with the incorporation documents.

Signature

Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in Louisiana. Get their signatures to file the Articles of Incorporation.

Step 2: Submit the Articles of Incorporation in Louisiana

Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in four ways, online, by mail, fax, and in person. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

Online filing: Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything.
Offline filing: Send the form by mail to State of Louisiana Secretary of State, P.O. Box 94125, Baton Rouge, LA 70804. Drop it off in person to 8585 Archives Ave., Baton Rouge, LA 70809. Fax it to 225-932-5314

Cost of Filing the Articles of Incorporation in Louisiana

The cost of filing the Articles of Incorporation in Louisiana is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of Louisiana. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their Louisiana in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in Louisiana, you must pay a filing fee. The filing fee is $75 for filing online, fax, in person and by mail.

FAQs

How do I file the Louisiana Articles of Incorporation?

The Louisiana Articles of Incorporation must be submitted electronically with the Louisiana Secretary of State.

What is the filing fee for Louisiana Articles of Incorporation?

The filing fee for Louisiana Articles of Incorporation is $100.

How long does it take to process Louisiana Articles of Incorporation?

It usually takes 5-7 business days to process the Louisiana Articles of Incorporation.

What information do I need to include in my Louisiana Articles of Incorporation?

The Louisiana Articles of Incorporation must include the name of the corporation, its purpose, the number of authorized shares of stock, the name and address of the registered agent, and the incorporator’s name and address.

Are there any restrictions on naming my Louisiana corporation?

Yes, the Louisiana Secretary of State’s office prohibits the use of certain words and phrases in corporate names, such as “bank” and “insurance.”

What is a registered agent?

A registered agent is a person or business entity responsible for receiving documents on behalf of your Louisiana corporation, such as service of process and tax notices.

What are the benefits of filing Louisiana Articles of Incorporation?

Filing Louisiana Articles of Incorporation provides your business with limited liability protection, tax benefits, and access to capital.

Can I change my Louisiana Articles of Incorporation after they are filed?

Yes, you can amend your Louisiana Articles of Incorporation at any time with the Louisiana Secretary of State.

Do I need to publish a notice of my Louisiana Articles of Incorporation?

Yes, you must publish a notice of your Louisiana Articles of Incorporation in a newspaper of general circulation in the state of Louisiana.

Who is responsible for maintaining corporate records for a Louisiana corporation?

The officers of the company are responsible for maintaining corporate records for a Louisiana corporation, such as meeting minutes and shareholder records.

What is the minimum number of directors for a Louisiana corporation?

The minimum number of directors for a Louisiana corporation is three.

How often do I need to hold meetings for my Louisiana corporation?

You must hold an annual meeting of the shareholders and directors of your Louisiana corporation.

What are the requirements for issuing stock for a Louisiana corporation?

The Louisiana Secretary of State requires that an issuance of stock for a Louisiana corporation is recorded in the corporation’s minutes and that each share is fully paid and non-assessable.

What taxes must a Louisiana corporation pay?

Louisiana corporations must pay federal income tax, Louisiana state income tax, and Louisiana franchise tax.

What is the Louisiana franchise tax?

The Louisiana franchise tax is a state tax imposed on corporations that register to do business in Louisiana.

What is the deadline for filing Louisiana corporate taxes?

The deadline for filing Louisiana corporate taxes is April 15th.

Is there an annual report requirement for Louisiana corporations?

Yes, all Louisiana corporations must file an Annual Report with the Louisiana Secretary of State by May 1st.

What is the penalty for not filing an Annual Report for a Louisiana corporation?

The penalty for not filing an Annual Report for a Louisiana corporation is a $50 late fee.

How do I dissolve a Louisiana corporation?

To dissolve a Louisiana corporation, you must file Articles of Dissolution with the Louisiana Secretary of State.

What documents do I need to dissolve a Louisiana corporation?

To dissolve a Louisiana corporation, you will need to provide the Articles of Incorporation, the Articles of Dissolution, and a Certificate of Dissolution.

How do I reinstate a Louisiana corporation?

To reinstate a Louisiana corporation, you must file a Certificate of Reinstatement with the Louisiana Secretary of State.

What are the penalties for not filing taxes for a Louisiana corporation?

Penalties for not filing taxes for a Louisiana corporation include fines, interest, and potential jail time.

Is there a fee for filing a Certificate of Reinstatement in Louisiana?

Yes, the filing fee for a Certificate of Reinstatement in Louisiana is $50.

What is the penalty for not filing a Louisiana Annual Report?

The penalty for not filing a Louisiana Annual Report is a $50 late fee.

When do I need to file my Annual Report for a Louisiana corporation?

The Annual Report for a Louisiana corporation must be filed by May 1st.

How do I change the registered agent for my Louisiana corporation?

To change the registered agent for your Louisiana corporation, you must file an Amendment to the Articles of Incorporation with the Louisiana Secretary of State.

How do I change the name of my Louisiana corporation?

To change the name of your Louisiana corporation, you must file an Amendment to the Articles of Incorporation with the Louisiana Secretary of State.

How do I change the number of authorized shares of stock for my Louisiana corporation?

To change the number of authorized shares of stock for your Louisiana corporation, you must file an Amendment to the Articles of Incorporation with the Louisiana Secretary of State.

Can I change the purpose of my Louisiana corporation?

Yes, you can change the purpose of your Louisiana corporation by filing an Amendment to the Articles of Incorporation with the Louisiana Secretary of State.

What happens if I fail to file my Louisiana Annual Report?

If you fail to file your Louisiana Annual Report, your corporation may be administratively dissolved.

How do I reinstate my Louisiana corporation after it has been administratively dissolved?

To reinstate your Louisiana corporation after it has been administratively dissolved, you must file a Certificate of Reinstatement with the Louisiana Secretary of State.

Why Louisiana Articles of Incorporation is So Important

The Articles of Incorporation serve as the founding document of a corporation, outlining important information such as the name of the corporation, its purpose, the number and classes of shares that may be issued, and the names and addresses of the individuals incorporating the business. By filing this document, a business is able to obtain legal recognition as a separate entity from its owners, providing protection for the shareholders from personal liability.

In addition to establishing the legal entity of the corporation, the Articles of Incorporation also play a key role in defining the structure and operations of the business. For example, by specifying the number and classes of shares that may be issued, the document sets the framework for how ownership and control of the company will be distributed among its shareholders. This can be crucial for preventing disputes and conflicts among owners in the future.

Furthermore, the Articles of Incorporation also help to clarify the purpose and goals of the corporation. By clearly outlining the business’s objectives and mission, the document establishes a shared vision for the company and provides a guiding framework for decision-making and strategic planning. This clarity and focus can be invaluable for driving the success and growth of the business.

Moreover, filing the Articles of Incorporation is necessary for obtaining various legal and financial benefits. For instance, by officially forming a corporation, a business may be eligible for tax advantages, such as deductions for business expenses and access to certain tax credits. Additionally, having a well-drafted Articles of Incorporation can also enhance the credibility and reputation of the business, making it more attractive to investors, customers, and partners.

In conclusion, the Louisiana Articles of Incorporation is a critical document that every business owner must carefully consider and prepare when forming a corporation. By providing a legal foundation for the business, defining its structure and operations, clarifying its purpose and goals, and unlocking various legal and financial benefits, this document plays a crucial role in laying the groundwork for the success and sustainability of the company. Therefore, it is essential for business owners to understand the importance of the Articles of Incorporation and ensure that it is carefully drafted and filed in compliance with the state’s regulations.

Conclusion

In conclusion, the process of filing Louisiana Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of Louisiana’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.