How to Form an LLC in Louisiana in 7 Steps

By Jordan Walker, J.D. | Legally reviewed by Madison Hess, J.D. | Last reviewed March 15, 2024

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Maybe you'd like to start a limited liability company (LLC) in Louisiana. To do so, you have to comply with state law and file the appropriate paperwork with the Louisiana Secretary of State. Make sure that you take the time to properly form and maintain your Louisiana LLC by learning the state's requirements for this type of business entity.

Table of Contents

Steps to Forming an LLC in Louisiana

1

Name Your LLC

Naming your LLC is an essential first step because it affects your brand and has legal implications. You should consider the legal requirements when choosing your Louisiana business name.

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Your Louisiana LLC name:

  • Must be distinguishable from every other business name on file with the state
  • Must contain the term "limited liability company" or the abbreviation "L.L.C.," or "L.C."
  • Cannot contain any restricted words unless you have the proper licensing
  • Cannot contain any words or phrases that indicate that your business is a governmental agency

Since your name must be unique and distinguishable from all other registered business names in the state, you should conduct a name search to check for name availability. If the company name you want to use is already taken, you need to choose a different business name. If you have a name but aren't ready to officially start your business, you can submit an application for a name reservation to the Secretary of State for a $25 fee. Once you've settled on a name, you can reserve it. A name reservation will hold the name for you.

2

Get a Registered Agent

LLCs in Louisiana must have registered agents to handle service of process. A person or company could serve as your Louisiana registered agent. Note that your registered agent must be able to accept legal documents for you during regular business hours. They must also have a physical street address in the state. Business owners often use a registered agent service to ensure receipt of notices and other important mail.

3

File Your Articles of Organization

LLC articles of organization can be filed online or by mail in Louisiana. However, residents of the following parishes only have the option to file online:

  • Ascension
  • Bossier
  • Caddo
  • Calcasieu
  • East Baton Rouge
  • Jefferson
  • Lafayette
  • Livingston
  • Orleans
  • Ouachita
  • Rapides
  • St. Tammany
  • Tangipahoa
  • Terrebonne

The Louisiana Articles of Organization that you file to form your business should include your LLC's name, office address, registered agent, and business purpose. If you file by mail, you'll need to include an initial report. The filing fee for domestic LLCs is $100.

4

Draft an Operating Agreement

An LLC operating agreement is a document that typically addresses the rights and responsibilities of members of the LLC, ownership, liabilities, and procedures for admitting new members and taking votes.

You're not required to have a Louisiana LLC operating agreement in the state, but it's still an important document to have. When conflicts arise, you can look to the operating agreement for guidance on how to resolve them. Without an operating agreement, state LLC laws would apply in the event of a dispute.

5

Get an EIN

Getting an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) is a step that is often necessary for most new businesses. The EIN is similar to a Social Security number but assigned to businesses. You'll need this number to open up a bank account for your business and to hire employees. Get your EIN for free on the IRS website.

6

Set Up Business and Tax Accounts

You should consider setting up accounts with the Louisiana Secretary of State and Department of Revenue to make it easier to maintain your business. You can register with the Secretary of State by creating an account with their GeauxBiz portal. Here you can submit business filings and request documents or business records you may need to operate your business.

You can register with the Department of Revenue by setting up an account with their Taxpayer Access Point portal to report and pay business taxes. You may also need to register with the Louisiana Workforce Commission if your LLC will have employees.

7

File Beneficial Ownership Information Report (BOIR)

The Beneficial Ownership Information Report (BOIR) is a new requirement. You must file a (BOIR) with FinCEN after you form your LLC. For LLCs created in 2024, you must file within 90 days from the day your LLC received notice of its creation/registration or 90 days from the day the Secretary of State or similar office first provided public notice of your company’s creation/registration, whichever is earlier. For LLCs formed after January 1, 2025, you must file within 30 calendar days from the date you receive actual or public notice of the LLC’s creation or registration. 

Visit www.fincen.gov/boi and select “File BOIR.” To complete your BOIR, you must provide information regarding your LLC, its beneficial owners, and its applicants. Your LLC’s applicants are those who directly filed the document that created or registered the LLC or were responsible for controlling the filing. Beneficial owners are people who own a minimum of 25% of the ownership interests of an LLC and/or have substantial control over the LLC.

Note: On March 1, 2024, the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act was unconstitutional. At this time, it is unclear if the federal BOIR requirement will be enforceable. Business owners of LLCs formed before January 1, 2024, may want to wait until closer to the January 1, 2025 filing deadline to check if they must file a BOIR for their business. For LLCs formed in 2024, business owners may want to check right before their 90-day deadline to see if the BOIR requirement is applicable.

Business and Tax Requirements in Louisiana

Depending on the type of business your LLC conducts and where it's located, it will likely be subject to certain state business taxes and local business licensing. You can contact the Louisiana Department of Revenue for more information about state taxes.

State Business Tax

LLCs taxed as corporations for federal income tax purposes that generate income within Louisiana must file an income tax return. Unless exempted, LLCs taxed as corporations must also file and pay the state franchise tax. More information about the types of LLCs that must pay the franchise tax is available on the Department of Revenue's website.

State Employer Tax

LLCs with resident and nonresident employees performing services within Louisiana must withhold the state income tax from employee wages. If the employee is a resident of Louisiana but performs services in another state, the withholding tax still applies if the employee is not taxed by the state in which the services are performed.

Sales and Use Taxes

If your LLC leases, rents, or sells tangible personal property in Louisiana, it is subject to the state sales tax. The sales tax also applies to LLCs that furnish services within the state. There may be additional tax requirements for specific types of property and services. For example, LLCs that qualify as a “dealer" under state law are required to obtain a sales tax certificate from the Department of Revenue.

Business Licenses and Permits

You will receive a state business license by properly filing your articles of organization and registering your business with the Secretary of State. LLCs that offer professional services should have a license from the state board that oversees their profession or occupation. You can get information about licensing requirements on the Louisiana.gov website. Depending on the parish or city where your LLC is located or does business, you may also need to get local business licenses and permits.

Registration in Other States

If you want to do business outside of Louisiana, you have to register your LLC in the state or jurisdiction in which you're looking to expand. You will likely apply to be a foreign LLC in that state and be required to pay a fee and provide proof of your LLC's good standing in Louisiana.

Annual Requirements in Louisiana

Each year after forming your LLC, you must file an annual report with the Secretary of State, preferably through the GeauxBiz portal. You can update and amend information about your LLC in the annual report filing. The state fee for annual reports is $30.

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Louisiana LLC Formation FAQs

The cost of having an LLC in Louisiana depends on different things like the types of taxes your LLC is required to pay, fees for filing business documents and applying for applicable licenses or permits, and other costs associated with your LLC's specific business activities. A list of fees associated with common forms for LLCs in Louisiana can be found on the Secretary of State's website.

There is a $100 fee to file your Louisiana articles of organization.

Each year your LLC must pay a $30 fee to file an annual report. Taxes such as the business tax, franchise tax, and sales tax also must be paid.

Entrepreneurs have a few choices when it comes to the type of LLC to create in Louisiana. Choose the structure that works for the kind of business you have in mind.

  • Single-member LLC: This kind of LLC has one owner or member that is in complete control over business activities. For tax purposes, single-member LLCs are treated similarly to sole proprietorships where the owner reports the business income on their personal tax return and pays the business taxes to avoid double taxation.
  • Multi-member LLC: A multi-member LLC has two or more members or managers who share control of the business. This type of LLC can be member-managed where members have the decision-making responsibilities. Or members can appoint managers to establish a manager-managed LLC and the managers run the business.
  • Low-profit LLC: If your LLC has an educational or charitable purpose, you can choose to set up a low-profit LLC. This kind must include the words "Low-profit Limited Liability Company," "L3C," or "l3c." in the business name.

Instead of a certificate of formation, articles of organization are considered your LLC's charter document once filed and accepted by the Louisiana Secretary of State. You should have a copy of your articles of organization from your initial filing with the state. If you need a certified copy, you can make a request with the Secretary of State and pay the $15 fee.

Louisiana does not require that you obtain a certificate as part of your LLC filing but you may need it to open a business bank account, obtain financing for your business, or apply to do business in another state or jurisdiction. A copy of your LLC's certificate of good standing can be obtained by submitting a written request to the Secretary of State or online through their Commercial Database. You can also make the request by fax if you include credit card information for payment of the $20 fee.

To form a Louisiana LLC, you must file articles of organization with the Secretary of State and pay the $100 filing fee. You must name a registered agent on the articles and have a valid legal name for your business. While Louisiana does not require you to file an LLC operating agreement, it is important that you create one so that you can lay out your plan for the business including member responsibilities and how members can be bought out.

The business structure of an LLC comes with several advantages. For example, LLC owners have limited personal liability protection for their personal assets and flexibility regarding taxation. LLCs are considered “pass-through entities" because the business profits flow straight to the business owner to avoid paying taxes twice.

LLCs must file an annual report with the Secretary of State and pay the $30 fee each year following their initial formation. LLCs must also apply for any business licenses or permits that are required to operate where they are located and renew annually as needed. Additionally, to maintain an LLC successfully, ensure all taxes are reported and paid to the IRS and Louisiana Department of Revenue.

No. In Louisiana, LLCs must file articles of organization to create a business in the state. An operating agreement is entirely optional and is not a required business filing. An operating agreement is an internal business document for the members of the LLC.

If your LLC is doing business as (DBA) some name other than the one listed on its formation documents, you can apply to register a trade name with the Secretary of State for a $75 fee.

Maintaining your LLC in Louisiana means you comply with federal, state, and local requirements for businesses. Obtain the required licenses and permits to operate legally and register for any applicable taxes. Be sure to file an annual report every year and renew any required licenses, permits, or certifications. Stay up to date with tax filings and pay your business taxes and fees.

You might need to get a license or permit for your business, depending on your location and the type of business you're operating. Check with the Department of Revenue to confirm whether you need specific licenses, permits, or certificates for state tax purposes.

If your LLC engages in professional or occupational services, you should find out whether you need a license from the state board responsible for issuing the license required. Finally, you should contact your LLC's local government agency to confirm any parish or city licenses and permits you're supposed to have.

Yes. You can apply online to register your new LLC in Louisiana by filing articles of organization through the Secretary of State's GeauxBiz portal. If you prefer to have someone else form your LLC online, you can use an LLC formation service to handle the creation of your business in Louisiana.

The physical office for the Secretary of State is located at:

8585 Archives Avenue
Baton Rouge, Louisiana 70809

Business days are Monday through Friday, and business hours are from 8:00 a.m. to 4:30 p.m. The mailing address for the Secretary of State is:

Secretary of State
Commercial Division
P.O. Box 94125
Baton Rouge, Louisiana 70804-9125

LLCs often use a registered agent service to receive service of process on their behalf. Using a professional service is great for someone who is starting a business in Louisiana but does not have a physical address within the state. It can also be a great option for individuals who do not want to list their personal address on the articles of organization or cannot be available to receive mail during regular business hours.

A domestic LLC is an LLC that has been formed in the state of Louisiana.

If your Louisiana LLC is going to do business in another state, you need to register with that state's Secretary of State or governmental agency responsible for overseeing business filings. Typically, you apply for authority or to operate as a foreign LLC in the new state and pay their fee. You will also likely be asked to submit a certificate of good standing or some other documentation verifying your LLC's legal status in its home state of Louisiana.

If your LLC was formed in another state and you would like to do business in Louisiana, you will need to apply for authority to conduct business in Louisiana and pay a $150 filing fee.

If you choose to voluntarily close your LLC, file an Affidavit to Dissolve Limited Liability Company and pay a $100 fee. The affidavit must be notarized.

An anonymous LLC does not state the business owner's personal information on the articles of organization. The only states that currently permit the formation of an anonymous LLC are Delaware, Nevada, New Mexico, and Wyoming. If you prefer to maintain your privacy while starting your business, you can use a registered agent service to avoid disclosing your contact information.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.

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