Louisiana § 12:1304 Formation

Louisiana Statutes

§ 12:1304 — Formation

Louisiana·Title 12 Conservation of Cultural Resources

§1304. Formation

A.One or more persons capable of contracting may form a limited liability company by filing the articles of organization and the initial report with the secretary of state. The articles of organization and initial report may be delivered to the secretary of state in advance for filing as of any specified date and, if specified upon such delivery, as of any given time on such date within thirty days after the date of delivery. The secretary of state may prescribe and furnish forms for filing the articles of organization and initial report.

B.If the secretary of state finds that the articles of organization and initial report are in compliance with the provisions of this Chapter and after all fees have been paid as required by law, the secretary of state shall record the a

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§1304. Formation
A. One or more persons capable of contracting may form a limited liability company
by filing the articles of organization and the initial report with the secretary of state. The
articles of organization and initial report may be delivered to the secretary of state in advance
for filing as of any specified date and, if specified upon such delivery, as of any given time
on such date within thirty days after the date of delivery. The secretary of state may prescribe
and furnish forms for filing the articles of organization and initial report.
B. If the secretary of state finds that the articles of organization and initial report are
in compliance with the provisions of this Chapter and after all fees have been paid as
required by law, the secretary of state shall record the articles of organization and initial
report in his office, endorse on each the date, and if requested, the hour of filing thereof with
him, and issue a certificate of organization which shall show the date and, if endorsed on the
articles of organization, the hour of filing of the articles of organization with him. The
certificate of organization shall be conclusive evidence of the fact that the limited liability
company has been duly organized, except that in any proceeding brought by the state to
annul, forfeit, or vacate a limited liability company's articles of organization, the certificate
of organization shall be only prima facie evidence of due organization.
C. Upon the issuance of the certificate of organization, the limited liability company
shall be duly organized, and its separate existence shall begin as of the time of filing of the
articles of organization with the secretary of state. However, if the articles were so filed
within five days, exclusive of legal holidays, after acknowledgment thereof or execution
thereof as an authentic act, the limited liability company shall be duly organized, and its
separate existence shall begin, as of the time of such acknowledgment or execution.

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Legislative History

Acts 1992, No. 780, §2, eff. July 7, 1992; Acts 1997, No. 717, §1, eff. July 8, 1997; Acts 1999, No. 342, §5; Acts 2019, No. 19, §2, eff. May 28, 2019.