HOW TO INCORPORATE IN LOUISIANA ONLINE
Do I need a lawyer to Incorporate in Louisiana?
explain
The short answer is no.
The state of Louisiana does not legally require a lawyer to form a
Louisiana Corporation.
Our detailed
Incorporation Information page may help you understand some
of the implications of forming a
Louisiana Corporation.
However, if there is
anything about
Incorporating in Louisiana
that you're not sure about you should seek the advice of a competent Louisiana lawyer, a Louisiana accountant,
or both
before you
Incorporate in Louisiana.
Once you have made the decision to
Incorporate in Louisiana, a Louisiana lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and
save money that you can use in your new Louisiana Corporation.
Do I have to Reserve a Company Name before I Incorporate in Louisiana?
explain
You are not legally required to reserve a Company Name for a new Louisiana Corporation before you submit your application to Incorporate in
Louisiana.
Whether or not you need to reserve a company name for your new Louisiana Corporation depends entirely on your business situation.
The Louisiana Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Louisiana Company Name.
What if the Louisiana Corporation Name I want is already taken?
explain
If the Name you have chosen for your new Louisiana Corporation is already in use by a currently active
Louisiana Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Louisiana Secretary of State. "DBA" is an abbreviation for "
Doing
Business
As."
We verify that the Name you have chose for your new Louisiana Corporation is available
before we submit
your Incorporation filing to the Louisiana Secretary of State.
If necessary we can register a DBA Name in Louisiana for you so that you can open your new Louisiana business as quickly as possible.
What do I have to do to Incorporate in Louisiana?
explain
8 things you have to do in order to Form a LLC in Louisiana.
- Choose a name for your Louisiana Corporation
- Select an official address and a Registered Agent for your Louisiana Corporation
- Choose a Board of Directors for your Louisiana Corporation
- Decide who will be Officers for your Louisiana Corporation
- Determine how you want your Louisiana Corporation to be taxed
- File Articles of Incorporation with the Louisiana Secretary of State
- Get a Federal Employer Identification Number (FEIN) for your Louisiana Corporation
- Issue Stock Certificates to the Initial Shareholders
- Choose a name for your Louisiana Corporation
Your Louisiana Corporation name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Louisiana Corporation name that you choose must be distinguishable from the name of any other registered Louisiana Corporation or other
business entity and the name must also be different from any reserved names on record with the state of Louisiana.
Your Louisiana Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your Louisiana Corporation name must not be a name that is likely to mislead the public.
The name of a Louisiana Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your Louisiana Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the Louisiana Secretary of State (and pay a fee). We will:
- Check to make sure that your Louisiana Corporation name is available
- Make sure your Louisiana Corporation name conforms to state of Louisiana regulations
- Reserve your Louisiana Corporation name with the Louisiana Secretary of State
- Select an official address and a Registered Agent for your Louisiana Corporation
Every Louisiana Corporation must have an address that is physically located in the state of Louisiana.
This address is "registered" with the Louisiana Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Louisiana to receive all correspondence on behalf of the Louisiana
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many Louisiana Corporations hire a Registered Agent because they don't have a physical
address within the state of Louisiana or to provide a distinct level of privacy.
We can act as the official Registered Agent for your Louisiana Corporation.
- Choose a Board of Directors for your Louisiana Corporation
All Louisiana Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your Louisiana Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your Louisiana Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of Louisiana or shareholders of the Louisiana Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your Louisiana Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
- Decide who will be Officers for your Louisiana Corporation
The Board of Directors elects Officers for your Louisiana Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the Louisiana Corporation.
Officers handle the day to day operation of the Louisiana Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Louisiana Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the Louisiana Corporation.
- Determine how you want your Louisiana Corporation to be taxed
The Louisiana Corporate Income Tax Rate is variable depending on the annual net income of the Louisiana Corporation.
Louisiana Corporate Income Tax Rates vary from 4 to 8%.
You may form an S Corporation in Louisiana.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any Louisiana Corporate Income Tax.
If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Louisiana Corporation and include it with
your Incorporation documents.
Click here for more
Louisiana Corporate Tax Information
- File Articles of Incorporation with the Louisiana Secretary of State
In order to form a Corporation in Louisiana you must file Articles of Incorporation with the Louisiana Secretary of State.
The Articles of Incorporation must include certain specific information about your Louisiana business. If the Articles do not conform exactly to state of Louisiana requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your Louisiana Corporation but you will have to pay a fee to the state of
Louisiana in order to make the changes official.
- Get a Federal Employer Identification Number (FEIN)
A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Louisiana Corporation.
All Louisiana Corporations are required to have an FEIN.
We can obtain an FEIN for your Louisiana Corporation.
- Issue Stock Certificates to the Initial Shareholders
Corporate stock is evidence of ownership of a Louisiana Corporation.
When you form your Louisiana Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small Louisiana Corporations hold 100% of the shares.
Stockholders in a Louisiana Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the Louisiana Corporation is able to make all Corporate business decisions.
Louisiana Corporations usually hold at least 51% of the corporate stock in order to retain control of the Louisiana Corporation.
What do I have to do after I form my Louisiana Corporation?
explain
6 things you have to do after you Form a LLC in Louisiana.
- Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
- Open a Business Bank Account in Louisiana for your LA Corporation
- Obtain Business Licenses from the cities and counties in which you plan to do business
- Hold Meetings of Shareholders and Directors of EACH year
- File the required Louisiana Professional Corporation reports
- Keep proper records of your Louisiana Professional Corporation on file
- Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your Louisiana Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the Louisiana Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the Louisiana Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Louisiana law or
the Louisiana Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal Louisiana office.
- Open a Business Bank Account in Louisiana
It's very important that you have a separate business bank account for your Louisiana Corporation.
Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account.
Specific requirements vary from bank to bank.
- Obtain Business Licenses from the cities and counties in which you plan to do business
Note that forming a Louisiana Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Louisiana Corporation merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Louisiana Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Louisiana Corporation vary depending on your business activities
and the specific locations within the state of Louisiana in which you want to conduct business.
If your Louisiana Corporation will be selling products in Louisiana you may be required to obtain a Reseller's Permit from the appropriate
Louisiana state agency.
If your Louisiana Corporation will be selling products in Louisiana you will also be responsible for all applicable local and state of Louisiana
sales taxes if there are any.
We can research and prepare the necessary forms for your required business licenses and permits and include
them in your Louisiana Incorporation package.
- Hold Meetings of Shareholders and Directors of each year
Every Louisiana Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the Louisiana Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
Louisiana Corporation a lot of potential trouble.
We can transcribe the minutes of any meeting of your Louisiana Corporation into a form that complies with all
state of Louisiana requirements.
- File the required Louisiana Professional Corporation reports
A Louisiana Corporation Initial Annual Report is included with the Articles of Incorporation which are submitted to the Louisiana Secretary of State.
Each Louisiana Corporation must submit certified copies of the Articles of Incorporation and Initial Annual Report within 30 days of filing their Articles of Incorporation with the Louisiana Secretary of State to the office of the recorder of mortgages in the Louisiana parish in which the LA Corporation's Registered Agent is located.
Every Louisiana Corporation is required to file an Annual Report EACH year with the Louisiana Secretary of State.
The Louisiana Corporation Annual Report is due at the LA Secretary of State EACH year by the exact anniversary date on which the Louisiana Corporation was approved by the Louisiana Secretary of State.
We can fill out and file any Annual Report with the Louisiana Secretary of State after your Louisiana Professional Corporation gets going.
- Keep proper records of your Louisiana Corporation on file
Keep the following records on file and available at the principal business office of your Louisiana Corporation:
- Names and addresses of all Directors and Officers of the Louisiana Corporation
- Articles of Incorporation for the Louisiana Corporation and any Amendments to them
- Corporate Bylaws for the Louisiana Corporation and any Amendments to them
- List of current shareholders of the Louisiana Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the Louisiana Corporation
- Copies of all tax returns and Annual Reports for the Louisiana Corporation for the last 3 years
What information do I need in order to Incorporate in Louisiana?
explain
In order to Incorporate in Louisiana you'll need the following information about your new Company:
- The name of your new Louisiana Corporation along with your second choice of a name in case the name that you want is not available
- Physical address of the Corporation office in Louisiana (not a PO Box)
- You must have a Federal Employer Identification Number (EIN) before you apply for a Louisiana Corporation
- Name and address of your Louisiana Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with the Louisiana Corporation
- When the Louisiana Corporation will start and when it will cease to exist (normally the Corporation starts on the date the application is filed and will exist perpetually)
- Names and addresses of the initial Directors of the Louisiana Corporation
- The number of shares of stock that the Louisiana Corporation will be authorized to issue
- The par value of the shares which the Louisiana Corporation will be authorized to issue
Remember -
ALL the information that you provide when you Incorporate in Louisiana becomes part of the public record.
Our data entry forms include the
absolute minimum amount of information that is required in order to Form a new Corporation in Louisiana.
How long does it take to Incorporate in Louisiana?
explain
Processing times for new Louisiana Corporation applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Louisiana Articles of Incorporation takes the state around 1-2 weeks.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Louisiana LLC.
PLEASE NOTE: WE CANNOT GUARANTEE LOUISIANA SECRETARY OF STATE PROCESSING TIMES.
We are dependent on, and have no control over, the staff and systems of the Louisiana Secretary of State.
In our experience 1-2 weeks is the time it
usually takes the Louisiana Secretary of State to process
a new Louisiana Corporation application.
We get your Louisiana Corporation application to the LA Secretary of State ASAP.
Once it is at the state we have no control over the new Louisiana Corporation application process.
Are there any Expedited Processing Options for new LA Corporation Filings?
explain
The Louisiana Secretary of State will process your application to form a new Louisiana Corporation in 2-3 business days for an additional $30.
How much does it cost to Incorporate in Louisiana?
explain
The state of Louisiana charges $125.00 to Incorporate in LA.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the LA Secretary of State.
If you choose All Business Documents to help you Incorporate in Louisiana our processing fees are $125.00.
We start processing your new Louisiana Corporation order as soon as we get it.
Total cost includes:
- LA Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the Louisiana Secretary of State
- Certified Copies of Articles
- Louisiana Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
Please note that the Louisiana Secretary of State now requires a federal (US IRS) Tax ID, also known as an
Employer ID Number (EIN), BEFORE they will approve the filing for a new Louisiana Corporation.
We get your EIN as part of our service.
The EIN service fee is included in the total processing costs.
What is a Louisiana Professional Corporation?
explain
Generally, if you are required to obtain some kind of license before you can market your skills in the state of Louisiana then you will
most likely need to form a
Louisiana Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the Louisiana Secretary of State.
Depending on exactly what it is that you want to do in Louisiana, approval from a specific Louisiana state agency or board may be required before the LA Secretary of State will approve a new
Louisiana Professional Corporation filing.
This could add to the total processing time for a new Louisiana Corporation.
What is Louisiana Foreign Corporation Qualification?
explain
You want to do business in the state of Louisiana but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of Louisiana you must register with the Louisiana Secretary of State as
a Louisiana Foreign Corporation.
The process of registering as a Foreign Corporation in the state of Louisiana is called Louisiana Corporation Foreign Qualification.
The process of Louisiana Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Louisiana.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Louisiana Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the Louisiana Foreign Corporation.
LOUISIANA ONLINE INCORPORATION COST ESTIMATOR
Our LA Incorporation Processing Services include:
(These services are included in our processing fees)
Optional Louisiana Incorporation Services
(Choose options, cost is updated automatically)
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Expedited Service explain
Normal processing time for a new Louisiana Corporation is 1-2 weeks.
The Louisiana Secretary of State will process your application to form a new Louisiana Corporation in 2-3 business days for an additional $30.
This is the time by which the Louisiana Secretary of State will either approve or deny the Louisiana Incorporation application.
Another way to expedite your order is to choose the Express Mail option.
The Express Mail option can cut the document delivery time in half.
-
- Express Mail - $35
explain
If you really need your original approved Articles of Incorporation in your hands quickly, the
Express Mail option can cut the delivery time in half.
The Express Mail option has no effect on the Louisiana Secretary of State's processing time. For the quickest turn-around time also choose the Expedited Service option.
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S-Corporation Election - $50
explain
S Corporations are taxed differently than C Corporations.
With an S Corporation, business profits may be "passed through" directly to the shareholders.
This avoids the double tax on both corporate and shareholder profits.
S Corporations do not pay any Louisiana Corporate Income Tax.
We can prepare the S Corporation Election form for you and include it with your Incorporation documents.
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LA Registered Agent - $135
explain
Every Louisiana Corporation is required to have an address within the state of Louisiana where
official and legal correspondence can be delivered.
The individual or company that is registered with the state of Louisiana to receive all correspondence
on behalf of the Corporation is called a Registered Agent.
You may act as your own Registered Agent, however, many Corporations hire a Registered Agent because they don't have a physical address within
Louisiana or to provide a distinct level of privacy.
We can act as your Louisiana Corporation Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your LA Registered Agent services.
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Customized Bylaws - $75
explain
Bylaws are the rules by which your Louisiana Corporation must operate.
Every new Louisiana Corporation requires bylaws.
Almost anything may be written into the bylaws, however, the bylaws must not be in violation of any law or
your Louisiana Corporation's Articles of Incorporation.
We can create customized initial bylaws for your Louisiana Corporation that are based on your specific business requirements.
As your company grows over time, you may amend your bylaws as necessary.
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LA Good Standing Certificate - $53
explain
A Louisiana Good Standing Certficate is proof of the existence of your new Louisiana Corporation.
The Certificate is issued by the Louisiana Secretary of State and is proof that your LA Corporation is not behind on any
of its Louisiana Secretary of State Corporate obligations.
A Louisiana Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes
in the state of Louisiana or in any other state.
We can get your Louisiana Good Standing Certificate immediately after the Louisiana Secretary of State has approved your Articles of Incorporation.
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Federal EIN - $65
explain
An FEIN is like a Social Security Number for your Louisiana Corporation.
We can get your FEIN on the same day that your Articles of Incorporation are approved by the Louisiana Secretary of State.
You can get your FEIN before your articles are approved by the Louisiana Secretary of State but it's a good idea to wait until
after approval.
Your filing may be rejected or the Corporation name that you want may not be approved.
Changing information on an FEIN filing is not a trivial exercise with the IRS.
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Corporation Kit and Seal - $99
explain
While you're not required to have a Corporation Kit and Seal for your new Louisiana Corporation they do come in handy.
The LA Corporation Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Corporation Seal.
The Corporation Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your Louisiana Corporation record keeping.
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Business License Research - $175
explain
Most new Louisiana Corporations are required to get some kind of state, regional or local permits or business licenses.
The task to figure out exactly what you need can be daunting.
We can determine exactly which forms you need to fill out, fill them out for you and file the forms with the appropriate government agency
where possible.