Louisiana LLC Operating Agreement Template

Key Takeaways

While this state doesn’t mandate an LLC Operating Agreement, it often benefits many Limited Liability Companies.
Utilize our free Louisiana LLC Operating Agreement template to ensure compliance with state regulations.
To form an LLC in Louisiana, you’ll need to file Articles of Organization with the Louisiana Secretary of State, designate a registered agent, and fulfill the required filing fee.

Louisiana LLC Operating Agreement Templates by Type

Single Member LLC

Basic Single Member LLC Operating Agreement

Used 4,920 times

Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.

Use Basic Single Member LLC Operating Agreement

For sole ownership of an LLC in Louisiana, utilize this specific template.

Multi Member LLC

Multi-Member LLC Operating Agreement Template

Used 4,872 times

Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.

Use Multi-Member LLC Operating Agreement Template

Facilitate collaboration and governance among LLC co-owners in Louisiana with this comprehensive tool.

50/50 LLC

50/50 LLC Operating Agreement Template

Used 4,872 times

This free 50/50 LLC Operating Agreement template for businesses with equal ownership.

Use 50/50 LLC Operating Agreement Template

Establish a structured partnership framework for equal ownership and management in a Louisiana LLC using this versatile template.

Member-managed LLC

Member-Managed LLC Operating Agreement Template

Used 4,919 times

A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.

Use Member-Managed LLC Operating Agreement Template

Effectively delegate management responsibilities within a Louisiana LLC with this streamlined solution.

Legal Requirements

Without an Operating Agreement, disputes default to the state’s Limited Liability Company operating rules (Louisiana RS Tit. 12 Ch. 22).
State rules suffice for simple businesses but may not align well with complex ownership structures or when more flexibility is desired.
It can help distinguish personal and business matters, which are crucial for preserving the limited liability status of single-member LLCs.
Despite not being state-required, it may be necessary when interacting with business partners, investors, or financial institutions who often require a formal agreement to understand the Limited Liability Company’s operations and dispute resolution methods.

How to Form LLC in Louisiana

Establishing a Limited Liability Company is straightforward, but it’s essential to understand the steps involved.

Choose a Unique Name for Your LLC:

Your LLC’s name should be unique and not already in use by another entity in this state. It’s also advisable to check if your business’s domain name is available to maintain consistent branding online.

Assign a Registered Agent:

Your LLC requires a registered agent. They’ll be responsible for receiving important legal documents for your Limited Liability Company.

File Your LLC Articles of Organization:

You can file your LLC Articles of Organization online through Louisiana’s geauxBIZ portal. The filing fee is $100.

Create Your Louisiana LLC Operating Agreement:

While not mandatory in this state, an Operating Agreement is highly recommended. It outlines the operating rules and roles within your Limited Liability Company.

Obtain an Employer Identification Number (EIN):
The Federal Tax Identification Number, or EIN, is a unique identifier the IRS uses to track your business for taxation purposes. You can simply apply for it online at the IRS site.

Louisiana LLC Laws

The regulations governing Limited Liability Companies are designed to ensure clarity and fairness in business operations. Here are some valuable points:

No State Income Tax: Louisiana doesn’t impose a state income tax on LLCs. However, LLCs are still subject to federal income tax.
Annual Reporting Requirements: Every LLC in Louisiana is required to file a yearly report with the Secretary of State. This report keeps the state updated about your business’s key information, such as the names and addresses of members and managers.
Registered Agent Requirement: Louisiana law requires every LLC to appoint a registered agent. The agent must be a resident of Louisiana or a corporation authorized to do business in Louisiana. If sued, The agent accepts legal papers on the LLC’s behalf.
Foreign LLC Registration: If your LLC was formed in another state and you want to do business in Louisiana, you must register as a foreign LLC with the Louisiana Secretary of State. This involves filing an Application to Register a Foreign LLC with the state and maintaining a registered agent in Louisiana. The filing fee is $100.
Real Estate Considerations: If your LLC owns real estate in Louisiana, it may be subject to property taxes. Transferring property to an LLC can sometimes trigger a reassessment of the property’s value, which could increase property taxes.
Employment Laws: If your LLC has employees, you must comply with employment laws. Various laws pertain to minimum wage, overtime, workplace safety, and other related matters. You also need to withhold and pay employment taxes and provide certain benefits to your employees.

Remember, these regulations are designed to provide a clear framework for your LLC’s operation and to protect its limited liability status.