How to Get a Louisiana LLC

Step 1: Name your Louisiana limited liability company

Begin by giving your LLC a name. When you start an LLC in Louisiana, you have to let the government and the public know who you are. Your LLC’s name must go on your business formation paperwork before you submit it.

When choosing a name, your LLC must comply with Louisiana naming rules for LLCs. Otherwise, your LLC filing will be rejected. 

Official Naming Requirements for Louisiana

Let’s start with the rules you must follow when naming an LLC in Louisiana. Your official LLC name must comply with the following:

• The name must be different from the other entity names on record with the Louisiana SOS. To cut down on the likelihood of choosing a duplicate name before you file, take a look at our Louisiana Business Entity Search page. 
• The name must contain a “designator” indicating that the business is an LLC. You can choose from the following: “limited liability company” or the initials “L.L.C.,” “LLC,” “LC,” or “L.C.” 
• The name can’t contain words that indicate an unlawful purpose or a purpose that’s against your LLC’s Articles of Organization.
• The name can’t contain the phrase “doing business as” or the initials “d/b/a.”
• The name can’t imply that your LLC is a local, state, or federal government agency. 
• The name can’t have words or phrases that are considered deceptive, immoral, or scandalous.
• The name cannot use the words or derivatives of the words “engineer,” “engineering,” “surveyor,” or “surveying,” and it can’t use the words “insurance,” “bank,” “banker,” “banking,” “savings,” “safe deposit,” “trust,” “trustee,” “building and loan,” “homestead,” or “credit union” unless your LLC fulfills specific requirements. 

For a complete list of Louisiana naming rules, see Louisiana RS §12:1306. Despite these regulations, you still have plenty of freedom to be creative when naming your new venture.

Reserve a business name in Louisiana

Once you have a business name you like, most states give you the option to reserve it for a set amount of time for a small fee. This is ideal if you’ve found the perfect name but aren’t quite ready to file the rest of your LLC paperwork.

Louisiana is different, though. If you’re filing online, you’re required to reserve your name before completing your Articles of Organization. You’ll do this through “geauxBIZ,” Louisiana’s online system for registering new businesses.

You’ll first need to create a geauxBIZ account. From there, you’ll follow the online instructions to reserve a business name. The reservation is good for 120 days and costs a small fee. The reservation can be expedited for an additional fee.

The upside to this is that this system allows you to know for certain that your desired LLC name is available before you file your Articles of Organization, thus eliminating the possibility of the filing being rejected for having an unacceptable name.

Before you make a final decision on your business name, though, you still have more factors to consider.

Getting a Domain Name

In today’s dynamic business landscape, the significance of having a business website and securing an appropriate domain name that aligns with your Louisiana LLC’s name can’t be overstated. It’s a strategic imperative that can profoundly impact your LLC’s growth and success.

First, your business website acts as a virtual storefront, a gateway through which potential clients and customers perceive your LLC. It embodies your professional image and credibility. A well-designed, user-friendly website reinforces the legitimacy of your business, instilling trust and confidence among visitors. It serves as an accessible information hub, available 24/7, allowing prospective clients to explore your offerings, obtain crucial contact details, and even make inquiries or purchases at their convenience. Moreover, a website extends your market reach beyond geographical constraints. Whether your target audience resides in the heart of New Orleans or spans the entirety of Louisiana, your online presence transcends borders, enabling you to connect with a diverse clientele and fostering business growth.

Secondly, your website is a potent marketing tool. It provides a platform to showcase your LLC’s strengths, present client testimonials, and share success stories. Beyond that, it serves as the cornerstone of your branding efforts, allowing you to establish a unique identity in the market. Additionally, your website is a gateway to various online marketing strategies, such as search engine optimization (SEO), social media integration, and email marketing, further expanding your reach and attracting a broader audience.

To maximize the impact of your online presence, securing a domain name that mirrors your LLC’s name is paramount. A matching domain name enhances brand consistency, reduces the risk of confusion, and simplifies online discoverability. It helps ensure that potential clients can easily find you and connect with your business in a digital world brimming with choices.

What’s the best way to make sure that you have a good domain name and official LLC name combination ready for your business? Preparation is key. We can help you prepare with our domain name search tool. Once you find a good name, our domain name service can help you secure your domain name. We can also help you build your business’s website.

Federal and State Trademarks

Even if the SOS approves your business name, that’s no guarantee that someone else hasn’t already claimed it with a federal or state trademark. To truly check to see if your business name isn’t trademarked is difficult because there’s no one central place to check. Some businesses even employ an attorney specializing in trademarks to see if they’re in the clear.

You can take some measures yourself, like searching the trademark database on the United States Patent and Trademark Office website. This can help you determine if someone’s already claimed a federal trademark on the name you want.

State trademarks are applicable only within the borders of a state. To find out if your desired name has been trademarked at the state level, contact the Louisiana SOS. If you want, you can also apply for your own state trademark.

In addition to checking these databases, it’s wise to do extensive internet searches for your business name, including checking domain names, social media sites, and online phone directories.

Filing for a Trade Name in Louisiana

Your LLC can have only one official name, but that doesn’t mean you can’t use multiple names for your business. Multiple names can help you market your LLC’s different products and services separately. Any business name you use that’s different from your official business name is a “doing business as” (DBA) name. Louisiana calls a DBA a “trade name,” and you need to register your trade names with the SOS.

Step 2: Appoint a registered agent in Louisiana

You must select a Louisiana registered agent for your LLC. In fact, you must name your registered agent on your LLC formation documents. 

A registered agent, also known as an agent for service of process, is indispensable when forming an LLC in Louisiana. Beyond receiving legal paperwork, they are your LLC’s vital connection to the legal system. Responsible for promptly receiving service of process and official notices, such as lawsuits or state notifications, they help ensure that your business stays compliant and informed. Their consistent availability at your Louisiana-based registered office during business hours is crucial to swiftly handle time-sensitive documents. Since some notices require in-person delivery, it’s essential that the registered office is a physical Louisiana address, not a P.O. box. Selecting a dependable registered agent is crucial for maintaining your LLC’s compliance and safeguarding its legal standing.

Who can be a registered agent in Louisiana?

Your registered agent must be a Louisiana citizen and resident or a company authorized to conduct business in Louisiana. If you choose a business to be your registered agent, that business’s governing documents have to authorize its registered agent role. A business that acts as a registered agent must also identify two people at its address who can fulfill the registered agent duties. 

The registered agent must accept their appointment in a signed and notarized statement on your formation documents. If filing online, the registered agent must consent to the appointment within seven days.

What if a process server can’t find my registered agent?

Some business owners think that serving as their own registered agent is the simplest way to meet Louisiana’s agent requirement. But consider what could happen if a process server is unable to find you.

This can occur if you aren’t in the office (for example, out of town, on vacation, sick, etc.) when someone needs to reach the agent. It can also happen if you move and forget to update your paperwork with the state.

In addition to legal penalties for being out of compliance, failing to maintain an agent could mean that a process server can’t find you to notify you of a lawsuit. In that scenario, a court case against you could go forward without your knowledge, meaning you wouldn’t even have a chance to defend yourself.

Should I be my own registered agent? 

The choice is yours, but being your own registered agent often leads to more complications than it’s worth.

One drawback of being your own registered agent is the increased likelihood of receiving embarrassing legal documents in front of patrons. Not only can this be humiliating, but it might also damage confidence in your business. Using a separate registered agent at another location can help you avoid these risks.

Another drawback to being your own registered agent is that it takes the flexibility out of your day. Registered agents need to be constantly present at the registered office during normal business hours.

If you’re tethered to the office, this means you have less time to take business meetings, attend working events, scope out opportunities, etc. A separate registered agent frees you from this responsibility.

Consider using a registered agent service for your LLC

Does having a separate registered agent sound good to you? Are you unsure where you can find a registered agent that suits your needs? Well, you can look to us. Our registered agent service helps you locate and appoint a registered agent that meets your LLC’s needs and fulfills your legal obligations.

Step 3: File Louisiana Articles of Organization

To start your LLC, file Articles of Organization and an Initial Report with the Louisiana Secretary of State. Once you pay the accompanying filing fee and the state approves these documents, your LLC will be official. 

If you’re nervous about filing your formation documents correctly, we can do it for you. Our business formation service files the proper LLC formation paperwork on your behalf. With the time and worry you save using our professional services, you can focus on putting the other pieces of your business together for opening day.

Although we have you covered, let’s go over the basic filing steps below.

As we mentioned, Louisiana’s filing process is considerably more complex than most states. For starters, not all parishes have the same filing options. If you’re starting your LLC in any of the following parishes, you’re required to do an online filing through the geauxBIZ system: Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Jefferson, Lafayette, Livingston, Orleans, Ouachita, Rapides, St. Tammany, Tangipahoa, or Terrebonne.

If you’re not in one of the parishes listed above, you also have the option of filing by postal mail. However, you’ll need to have both the Articles of Organization and the Initial Report notarized if you go that route. You’ll also need your registered agent to sign the Initial Report.

Filing by mail is slower, but Louisiana does give you the option to have your filing processed in 24 hours for an extra fee or in two to four hours for a higher fee.

Filing with geauxBIZ

Filing online is generally faster than mail, but the geauxBIZ system can be more confusing. One reason for this is that the system also wants you to register with the Louisiana Workforce Commission (if you have employees) and the Louisiana Department of Revenue at the same time you’re filing the Articles of Organization.

The reason this can be so problematic is that, although the SOS doesn’t ask for it, the Louisiana Department of Revenue may ask for your Employer Identification Number (EIN). This is a federal number you get from the IRS for the purpose of paying taxes, hiring employees, etc. 

Most other states don’t require you to have your EIN until after your LLC is approved by the state, which eliminates the problem of getting an EIN only to have your LLC possibly rejected by the state. But, Louisiana is different, so you may have to have your EIN before you start the process with geauzBIZ. We cover getting an EIN later in Step 5.

The other issue with geauzBIZ is that you might be faced with a lot of questions you don’t yet know how to answer without the advice of an accountant. Plus, as we mentioned in Step 1, you’re required to reserve your business name when filing online.

Information Needed for Louisiana Articles of Organization

Here’s a quick roundup of the information you’ll need to provide in your Louisiana Articles of Organization. Bear in mind that, once submitted, this information becomes public knowledge.

• Your LLC’s official name
• Your LLC’s purpose (if you want some flexibility, you can say its purpose is to engage in any activities that are lawful for LLCs)
• The duration of the LLC (this can be perpetual)
• The signature(s) of whoever submits the document

The state of Louisiana doesn’t give them a specific name, but many states call the individuals who sign and submit Articles of Organization “organizers.” For more information on organizers, visit our LLC organizer information page. 

The above list is the bare minimum that your Articles must contain. Louisiana law allows you to add more information to your Articles of Organization. And, depending on the nature of your LLC’s business, you might need to include other information. 

If you don’t have your first managers or members selected when the Initial Report and Articles of Organization are filed, you’ll need to later file a Supplemental Report listing their names and addresses.

Information Needed for a Louisiana Initial Report

When you create an LLC in Louisiana, You have to file an Initial Report at the same time you file your Articles of Organization. An Initial Report must include:

• The address (not just a P.O. box) of your LLC’s registered office
• The name and address (not just a P.O. box) of each registered agent
• A signed and notarized affidavit from each registered agent that states they accept the position
• The names and addresses (not just P.O. boxes) of your managers or members
• The signature(s) of whoever signed the Articles of Organization

How to Amend Your Articles of Organization

You need only file your Articles of Organization once. But if any of the original Articles of Organization information needs to be updated, altered, or expanded, your business is required to inform the state about the changes.

You would report these changes by filing Louisiana Articles of Amendment and paying a filing fee. If your Articles of Organization isn’t current, it could affect your ability to get a Louisiana Certificate of Good Standing. A Louisiana Certificate of Good Standing isn’t required to conduct business, but it can be important for business accounts, members, and potential investors. Basically, failing to keep your business up to date with state requirements can limit your LLC’s potential future growth.

Do you need help amending your Articles of Organization? We have an amendment filing service that can handle it for you, as well as our Worry-Free Compliance service, which includes two amendment filings every year.

Keep your LLC paperwork digitally organized

If we help you file Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard. In the dashboard, you can keep this and other important paperwork digitally organized. 

Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, legal documents, etc. We offer a customized business kit to help you keep these important documents organized and looking professional.

Step 4: Create an operating agreement

Write your own LLC operations rules in an operating agreement. Operating agreements outline the rules and procedures for the management of the LLC and establish ownership percentages, how profits are divided among members, and much more. 

Louisiana law doesn’t legally require you to write an operating agreement, but it’s still considered an essential step in forming an LLC in Louisiana. However, you will have to conduct your business according to the state’s default rules if you don’t write an operating agreement. Louisiana’s default rules might not gel with your business needs, so it’s best to write as many of your own rules as you can.

Benefits of LA LLC Operating Agreements

Writing a Louisiana operating agreement is a way to maximize your control over your business. A comprehensive operating agreement can also provide the following benefits:

• Sets clear expectations and boundaries for management of the business
• Helps members and managers end conflicts peacefully by laying out detailed protocols for resolving disagreements
• Establishes the percentage of ownership each member holds
• Determines how profits will be divided among members
• Puts in place procedures for admitting or removing LLC members
• Sets clear rules about when you can and can’t dissolve the business

Do I need an operating agreement even if I’m a single-member LLC?

It seems like most of the things in your operating agreement are intended to avoid disputes among the LLC members, so we understand why you might think a single-member LLC doesn’t need one. But potential investors, future business partners, and others may want to see your operating agreement regardless.

Your operating agreement can also spell out what you want to happen to your single-member LLC and its assets if you die or become incapacitated.

One more thing: Occasionally, someone takes an LLC owner to court to try to prove that the owner and the LLC are the same entity so that they can go after the owner’s personal assets. If that happens, having an operating agreement in place is one more thing to further demonstrate to the court that the business owner and the single-member LLC truly are separate.

What should I include in my LLC operating agreement?

You can customize as much or as little about your business operations as you want in your operating agreement. However, you might want your agreement to address:

• Rules for accepting new members. Under the default rules, there must be unanimous, written consent from all LLC members before a new individual can become a member. If this is too stringent for your business, an operating agreement can change it. 
• Rules for sharing profits among members. Without a provision in your operating agreement, members have to share profits equally.
• Rules for how to manage the LLC. Your operating agreement can dictate what kind of powers and responsibilities each person in management will have.
• Rules for dissolving and winding up your LLC. With your operating agreement, you can identify specific events that will trigger the termination of your LLC. You can also spell out how the remaining assets will be divided.

Unsure as to how to create an operating agreement for your LLC? We offer a customizable template to help get you started.

Step 5: Apply for an EIN

Prepare your LLC to pay its federal taxes by getting an Employer Identification Number (EIN). An EIN comes from the IRS, and it’s the identification number LLCs must use for paying their taxes at the federal level if they have more than one member, have employees, or are otherwise required to do so by the IRS.

Even if you run a single-member LLC without employees, having an EIN is likely in your best interest. Your EIN is like a Social Security number for your business. It prevents you from having to put your own Social Security number on tax and business filings and other paperwork, thus lowering your risk for identity theft. You’ll also likely need an EIN to open a business bank account.

Of course, obtaining your EIN involves filling out more paperwork, but that’s another task you can hand off to us. Our Employer ID Number service quickly handles obtaining an EIN for your LLC so you can comply with your federal tax obligations.

Register for Louisiana business taxes

There’s a good chance your LLC will need to pay a number of local and state business taxes. Common state business taxes and fees include:

• Sales taxes
• Unemployment insurance
• Withholding taxes

You can set up state tax account and unemployment insurance account numbers through the Louisiana geauxBIZ portal.

Can filing as an S corp lower my taxes?

The LLC business structure gives you more flexibility than a corporation. One of those flexibilities is how you can choose to have your LLC taxed.

The default tax status of an LLC is pass-through taxation. This appeals to most owners of LLCs because it avoids “double taxation,” in which a corporation pays taxes at both the business level and again when the income is paid to the individual owners. But some LLCs opt to be taxed as a C corporation or an S corporation because, in their case, it works to their advantage.

Being taxed as a C corporation does mean you get double taxation, but, for certain LLCs, the pros can sometimes outweigh the cons. One benefit is that C corporations have the widest range of tax deductions, which could be an advantage in some scenarios, especially for more profitable LLCs. For example, employee health insurance premiums can be written off as a business expense.

S corp is short for “Subchapter S Corporation” and is a tax status geared toward small businesses. Having your LLC taxed as an S corp has pass-through taxation like a standard LLC, but there’s another potential advantage for some LLCs: It could reduce your self-employment taxes. 

Self-employment taxes are the portion of your taxes that pay for Social Security and Medicare. In a typical LLC, you would pay these on all of your profits.

But filing as an S corp allows you to be an “employee-owner” and split your income into your salary and your share of the company’s profits. In this way, you pay employment taxes on your salary, but not self-employment taxes on your profits. (You’ll still pay the other applicable taxes on your LLC profits, of course.)

The drawback is that the Internal Revenue Service scrutinizes S corps more closely, meaning you’re more likely to get audited. S corps also have more restrictions for qualifying.

While it’s possible that one of the above options could work better for your LLC, remember that business taxes are very, very complicated. They’re also very specific to your situation. That’s why you truly need to consult a tax professional to see which taxing method works best for your Louisiana business.

Post-Formation Steps

Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time. It also helps you avoid commingling funds.

Commingling funds makes your taxes more difficult to sort out, and it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities (i.e., they want to sue you for not just your business assets, but also your own assets).

You may also want to get business credit cards to make small purchases and start establishing your company’s credit score.

Step 6: File a beneficial ownership information report for your LLC

Starting in 2024, every new and existing LLC (and other small businesses) is required to file a beneficial ownership information report, or BOI report. This requirement was enacted by the Corporate Transparency Act, which came into effect on January 1, 2024. The act strives to reduce financial crimes like money laundering through shell corporations by requiring all businesses to disclose information about their beneficial owners.

A beneficial owner is anyone who exerts substantial control over the business, holds 25% or more of the LLC’s ownership interest, or receives a large economic benefit from the business assets. In the BOI, you’ll be asked to provide the name, address, and identifying documents for each beneficial owner your LLC has. 

You can submit your BOI report online or by PDF upload on the Financial Crimes Enforcement Network’s website (also called FinCEN). It is free to file. If you start your LLC during 2024, you’ll have until 90 days after Louisiana approves your Articles of Organization to file your BOI. LLCs formed prior to 2024 have until January 1, 2025, and LLCs that organize in 2025 and onwards will have 30 days after approval to file. You can find more information on FinCEN’s website.

Need help? Our BOI filing report service can make this step easy. 

GeauxBIZ Resource

GeauxBIZ is Louisiana’s online resource for starting a business. It can be a bit confusing to navigate at first, but it’s designed to streamline the formation process. That’s because GeauxBiz is integrated with multiple state agencies, allowing you to simultaneously register with the state Department of Revenue, the Secretary of State, and the Workforce Commission all in one portal. Since most businesses have to register with these agencies anyway, it can be a helpful tool. This platform also makes it easy to file your initial report and annual reports down the line.

Physical Address: 8585 Archives Ave., Baton Rouge, LA 70809
Phone: (225) 925-4704

What to Do After Forming a Limited Liability Company

Just because you’ve set up your Louisiana LLC doesn’t mean your work is over. There are some crucial steps to complete to keep your business operating efficiently well into the future.

1. Set up accounting systems: Implement robust accounting practices for financial tracking and reporting. Our Money App can help with this.
2. Secure business insurance: Evaluate and obtain necessary business insurance for protection. This can include workers’ compensation insurance, general liability insurance, auto insurance, and more.
3. Develop a marketing strategy: Create and execute a marketing plan to promote your business.
4. Continuous legal compliance: Stay updated on legal requirements and maintain compliance with state regulations.

Cost to Form a Louisiana LLC

Forming an LLC in Louisiana involves several fees, each varying based on specific requirements. You may be responsible for other fees depending on whether you want to expedite your filing and other circumstances, such as fees for required licenses and permits.

• Filing Fees for Articles of Organization: Louisiana charges $105 for the Articles of Organization. This form can cost more if you elect for expedited processing. 
• Name Reservation Fee: If you choose to reserve your business name before you start your LLC (automatic if you’re using GeauxBiz), you’ll pay a $25 fee.
• Registered Agent Fees: If you hire a registered agent service, you can reasonably expect to pay between $100-$300 annually.
• Annual Report Filing Fee: Filing your annual report costs $30 each year (although this fee is subject to change at any time).
• State Business Taxes: Taxes can add up easily, but the exact amount you’ll pay varies depending on your earnings and business activities.
• Optional Costs: If you hire help for legal questions, accounting services, and other services, you’ll pay a wide variety of fees.

These are estimated costs and can fluctuate based on various factors. Louisiana filing fees are subject to change, so check the SOS website for the latest information. It’s important to consult with professionals or refer to the latest state guidelines for the most accurate information.

How is an LLC in Louisiana taxed?

In general, Louisiana LLCs pay federal and state income taxes only at the member level. This is called pass-through taxation, and each member pays income taxes only on their share of the revenue. 

Many business owners prefer LLC pass-through taxation to the double taxation of C corporations. A doubly taxed corporation has to pay income taxes as an entity, and then each shareholder must also pay income taxes on their share of the income.

However, an LLC still has the option of being taxed as a C corporation for federal income tax purposes. That may be advantageous to some larger LLCs because C corporations have the widest range of deductions.

You can also choose to have your LLC taxed as an S corporation. There are more restrictions if you choose to be taxed as an S corporation, but you can get the benefit of more flexible self-employment tax options while retaining pass-through taxation. If you have questions about S corporations, speak to a tax professional and look at our “What Is an S Corp?” page. 

Louisiana Annual Report

You need to submit a Louisiana annual report and a filing fee to the Secretary of State each year. The Secretary of State revokes the Articles of Organization of LLCs that fail to meet this requirement. Our Annual Report Service can help you stay on top of this obligation year after year so you don’t risk your business. 

Other Business Entity Types

In Louisiana, business entrepreneurs have several business entity types to choose from apart from LLCs, each with its own characteristics and advantages. Here’s an overview of the other primary business entities available:

Sole Proprietorship: A sole proprietorship offers simplicity but lacks the liability protection of an LLC, exposing the owner’s personal assets to business debts and legal issues.

General Partnership: Similar to a sole proprietorship, a general partnership doesn’t provide liability protection for partners, making it riskier than an LLC.

Limited Partnership (LP): LPs provide limited liability to some partners but require at least one general partner with unlimited liability. LLCs offer more uniform liability protection for all members.

Limited Liability Partnership (LLP): LLPs provide liability protection to all partners, much like an LLC. However, they are often chosen by licensed professionals, while LLCs are suitable for various businesses.

Corporation (C Corporation): C corporations (the default form of corporation) offer robust liability protection but face double taxation. LLCs avoid this issue with pass-through taxation.

S Corporation: S corporations aren’t a business entity type but are a tax status an LLC or corporation can apply for. They have pass-through taxation and the potential to save business owners on self-employment taxes, but they have stricter eligibility criteria than LLCs.