Louisiana Foreign LLC Registration (How-to Guide)

Expanding your business to Louisiana is exciting, but the registration process can seem daunting.

This guide will simplify every step, making getting your Louisiana foreign LLC up and running easy.

Grab a coffee, and let’s dive into making your business thrive in the Bayou State!

Louisiana Foreign LLC Requirements

1. Registered Agent

To legally operate in Louisiana, your Foreign LLC must appoint a registered agent with a physical address.

A registered agent is a person or company authorized to receive legal documents for your LLC. The registered agent must have a physical address in Louisiana and be available during normal business hours.

I recommend appointing a registered agent by either hiring a registered agent service or selecting an individual or company that meets the requirements.

2. Certificate of Existence/Good Standing

A Certificate of Existence (also known as a Certificate of Good Standing) from your LLC’s home state is required. This certificate confirms that your LLC is properly registered and compliant with its state of formation regulations.

This document is crucial for proving your LLC’s legitimacy and is a mandatory part of the registration process in Louisiana.

3. Louisiana Application for Authority

To operate in Louisiana, you must complete and file the Louisiana Application for Authority to Conduct Business with the Louisiana Secretary of State. This form grants your LLC the official authorization to do business in the state. Submitting this application is a must-do step to legally establish your LLC’s presence in Louisiana.

The application includes the following information:

• LLC Name: The name of your LLC as it will be used in Louisiana.
• State of Formation: The state where your LLC was initially formed.
• Business Address: The principal office address of your LLC.
• Registered Agent: The name and address of your Louisiana registered agent.
• Business Purpose: A brief description of the nature of your business activities.
• Management Structure: Whether members or managers manage your LLC.
• Date of Formation: The date when your LLC was initially formed.

Completing this form accurately ensures that your LLC is properly authorized to conduct business in Louisiana.

You can mail your application to the following address:

Secretary of State
P.O. Box 94125
Baton Rouge, LA 70804-9125

Alternatively, you can deliver your application in person to:

Secretary of State
8585 Archives Avenue
Baton Rouge, LA 70809

4. Business Activities

Although not a formal requirement, it’s important to be prepared to describe your LLC’s business activities in Louisiana. This information helps ensure that your LLC complies with state regulations and may be used to assess your business’s obligations.

How to Form a Foreign LLC in Louisiana State

Step 1. Selecting Your Business Name (new or existing)

Before proceeding, make sure your business name is available in Louisiana. You can use the Louisiana Secretary of State’s online database here to check if the name you want has already been taken or is too similar to another registered business.

If your LLC has an existing name from another state, it must be distinguishable from other business names in Louisiana. If necessary, you may need to choose a different name in Louisiana.

Step 2. Appointing a Louisiana Registered Agent (I use Northwest)

Your LLC must designate a registered agent with a physical address in Louisiana. This person or company will be responsible for receiving legal documents and official correspondence on behalf of your LLC.

You can appoint a registered agent service or choose an individual who meets the state’s requirements.

I recommend using Northwest Registered Agent as your registered agent. They can help you with the entire process of forming your LLC.

Get my review and insights on Northwest Agent here.

Step 3. Obtain a Certificate of Existence

You must provide a Certificate of Existence (a Certificate of Good Standing) from the state where your LLC was initially formed.

This document confirms that your LLC is legally established and in good standing with its home state’s regulations.

Step 4. Complete the Louisiana Application for Authority

To legally conduct business in Louisiana, you must file the Louisiana Application for Authority to Conduct Business with the Louisiana Secretary of State.

Here’s the information you’ll need to provide:

• Whether your LLC is a nonprofit or for-profit business
• Business name
• Any previous name your LLC had, if applicable
• The date your LLC was formed
• The length of time your LLC will exist (tip: most LLCs write “perpetual”)
• Principal office address in your home state or jurisdiction
• Principal office address in Louisiana
• Registered office address
• Registered agent name and address
• A brief description of your business activity
• Names and addresses of members and managers
• Signature of a member or manager
• Signature of the registered agent, showing their consent to act as your registered agent

Completing and submitting this application is essential for obtaining authorization to do business in Louisiana.

To register as a foreign LLC in Louisiana, you must pay a $150 filing fee. There’s an extra $5 fee if you use a credit card. For faster processing, you can choose the 24-hour expedited option for an additional $30 or the same-day “priority” expedited option for $50.

Step 5. Receive Your Verification of Registration

After processing your application, the Louisiana Secretary of State will send you verification that your LLC is authorized to operate in the state. This confirmation typically includes a certificate or official acknowledgment that your LLC is now registered in Louisiana.

How long does this take?

Louisiana processes online filings the same day you submit them. Filing by mail, fax, or in person usually takes 4-5 business days. For faster service, you can pay an extra $30 for 24-hour processing or $50 for same-day processing.

Registration Fee – How Much Does a Foreign LLC in Louisiana Cost?

Registering a Foreign LLC in Louisiana involves several fees. The standard fee to file the Application for Authority to Conduct Business is $150. This is the essential cost for processing your application and authorizing your LLC to operate in the state.

If you pay by credit card, there is an additional $5 processing fee. This fee covers the cost of handling credit card transactions.

Louisiana offers expedited processing options for those who need faster service. For an extra charge of $30, you can select 24-hour expedited processing, ensuring your application is processed within one business day.

Alternatively, if you require the quickest turnaround, you can opt for same-day priority processing for an additional $50. This service guarantees that your application will be processed the same day you submit it.

The total cost of registering a Foreign LLC in Louisiana can vary depending on your payment method and processing speed. The basic filing fee is $150, with additional fees for expedited services if you choose them.

When registering your LLC, you must choose a registered agent with a physical address in Louisiana to handle legal documents. The cost for this service can range from $200 to $1,000. However, my recommended registered agent provides these services for less than $100. For more details, click here.

Do I also need to file Louisiana Articles of Organization for my foreign LLC?

You do not need to file Louisiana Articles of Organization for your foreign LLC. Instead, you must file the Application for Authority to Conduct Business with the Louisiana Secretary of State.

This form allows your foreign LLC to operate legally in Louisiana. The Articles of Organization are typically required for forming a new LLC in Louisiana, but since you’re registering a foreign LLC, the Application for Authority is the appropriate document.

How are Foreign Entity LLCs in Louisiana taxed?

Foreign LLCs in Louisiana are generally taxed the same way as domestic LLCs. By default, LLCs are treated as pass-through entities for tax purposes, meaning that the LLC does not pay taxes on its income. Instead, the LLC’s profits and losses pass through to its members, who report them on their tax returns.

However, if a foreign LLC elects to be taxed as a corporation, it can choose to do so by filing with the IRS. In this case, the LLC would pay taxes at the corporate level, and any dividends distributed to members would be subject to additional taxation.

Additionally, foreign LLCs doing business in Louisiana must comply with state tax requirements, which may include paying state income tax and filing state tax returns as applicable. You must meet all local tax obligations if your LLC engages in taxable activities, such as selling goods or providing services in Louisiana.

FAQs on Louisiana Foreign LLC Registration

Can I Be My Registered Agent for My Louisiana LLC?

Yes, you can be your registered agent for your Louisiana LLC if you have a physical address in Louisiana where you can receive legal documents. However, many business owners hire a professional registered agent service for convenience and to ensure they meet all legal requirements.

Why Hire a Louisiana Registered Agent Service?

Hiring a Louisiana-registered agent service can simplify your business operations. A professional service ensures that you never miss important legal documents or deadlines, as they handle all the official correspondence on your behalf. Additionally, using a registered agent service provides you with a physical address in Louisiana, which can help maintain privacy and ensure compliance with state laws.

How Can I Withdraw My Louisiana Foreign LLC?

To withdraw your Louisiana Foreign LLC, you must file a “Withdrawal of Authority” form with the Louisiana Secretary of State. This form officially removes your LLC’s authorization to do business in Louisiana. Make sure to settle any outstanding state taxes and fees before submitting the withdrawal form.

Is a Physical Presence Required in Louisiana to Form an LLC as a Foreigner?

No, you do not need a physical presence in Louisiana to form an LLC as a foreigner. You only need to appoint a registered agent with a physical address in Louisiana to handle legal documents and ensure compliance with state regulations.

How Do I Amend a Foreign LLC in Louisiana?

To amend your Foreign LLC in Louisiana, file an “Amendment to Application for Authority” with the Louisiana Secretary of State. This form is used to update any information about your LLC, such as changes in business address or registered agent. Ensure that you provide accurate and up-to-date information to avoid any compliance issues.

What Does It Mean to Do Business in Louisiana?

Doing business in Louisiana generally means engaging in activities that substantially connect to the state. This can include hiring employees, owning or leasing property, operating a store or office, selling products or services, or applying for professional licenses. If your activities fall into these categories, you must register your LLC and comply with state regulations.

Does a Foreign LLC Have to File an Annual Report in Louisiana?

Yes, a Foreign LLC must file an annual report in Louisiana. Each year, your LLC is required to submit an annual report to the Louisiana Secretary of State to maintain good standing and keep your business information up to date.