§ 9:3402 — Filing

§3402. Filing
A. The contract of partnership or a multiple original thereof, duly executed by the
partners, or a certified copy thereof, or statements submitted by foreign partnerships in
accordance with R.S. 9:3421 et seq., shall be filed for registry with the secretary of state in
accordance with the provisions of this Chapter to affect third persons as provided by Civil
Code Articles 2806 and 2841 or when the parties choose to comply with the provisions of
this Chapter.
B.(1) The secretary of state may accept any filing authorized by this Title by
electronic, online, or facsimile transmission. All online filings authorized by this Title shall
include an electronic signature.
(2) "Electronic signature" means an electronic sound, symbol, or process attached
to or logically associated with a record and executed or adopted by a person with the intent
to sign the record.
(3) "Online" means through the secretary of state's commercial online computer
system.
C. A facsimile filing, the process of transmitting printed documents by electronic
method to the secretary of state, is deemed to be properly signed when the document received
by a facsimile machine in the commercial division, office of the secretary of state, purports
to be a copy of the original document, and contains the signatures required by this Section.
D.(1) Notwithstanding the provisions of this Section, any filing that the secretary of
state has the capability to accept online shall be filed only online. If a document is required
by law to be filed or recorded with an entity or official other than the secretary of state, the
filing of the document with the secretary of state shall not satisfy any provision of law
requiring the filing or recordation of the document with the other entity or official.
(2) Notwithstanding any contrary provision of this Title, until the secretary of state
has the capability to accept filings online, any filing with the secretary of state pursuant to
this Title which has the effect of changing the name of a designated or registered agent or
changing the name of a principal officer of the corporation shall be accompanied by a
resolution signed by each member of the corporation's board of directors in order for the
change to be deemed validly filed.
(3) Notwithstanding the provisions of this Section, any filing filed by an individual
from a parish with a population of one hundred thousand or less according to the latest
federal decennial census may be filed by facsimile transmission or mail.

Legislative History

Acts 1980, No. 151, §1, eff. Jan. 1, 1981; Acts 1999, No. 342, §4; Acts 2001, No. 1032, §3; Acts 2016, No. 554, §1, eff. Jan. 1, 2018.