How to Amend Articles of Incorporation in Louisiana (2024)

Amending the Articles of Incorporation in Louisiana is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the Louisiana Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend Louisiana Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end.

What is the Louisiana Articles of Incorporation?

The Louisiana Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in Louisiana. It is similar to the Articles of Organization you file while creating an LLC in Louisiana. If you already own a corporation in Louisiana, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, Louisiana Resident Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check.

Like forming an LLC, for the corporation, it takes some time to form your business in Louisiana after filing the documents. You can expedite the filing process by paying additional money over the filing fees.

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.
– LLCBuddy Editorial Team

How to Amend the Louisiana Articles of Incorporation

There are three main steps to file your amendment to the Louisiana Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information,

Step 1: Determine What Changes You Need in Louisiana Corporation

Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in Louisiana. The key elements of your updated Articles of Incorporation may include the advantages of being a Resident Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The Louisiana Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the Louisiana corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the Louisiana Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in Louisiana. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation.

What Can not Be Changed in Louisiana Corporate Amendment?

If you started a corporation in Louisiana, you must initially have appointed a Resident Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the Louisiana SOS.

Another point is the initial mailing address of your corporation cannot be changed in the Louisiana Corporate Amendment. In this case, you can change it through other methods requiring different forms.

The third point is the initial directors who formed the corporation in Louisiana. The details of the initial directors cannot be changed in the Louisiana Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the Louisiana Corporate Amendment

Finally, file the Louisiana Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the Louisiana Corporate Amendment.

Online Filing: Amendment of Incorporation Online
Offline Filing: Not Available
Amendment Fees: $25 for a Change of Agent, $25 for a Change of Directors, $75 for Other Amendments

If you are in Louisiana and have formed an LLC, you must file the there is no in Louisiana with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in Louisiana?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

Change of Louisiana Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form.

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in Louisiana

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the Louisiana Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company.

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the Louisiana Articles of Incorporation.

FAQs

What is the process for amending Louisiana Articles of Incorporation?

The process for amending Louisiana Articles of Incorporation typically involves submitting a formal amendment document to the Louisiana Secretary of State.

Can any provision in the Louisiana Articles of Incorporation be amended?

Yes, almost any provision in the Louisiana Articles of Incorporation can be amended, as long as it complies with state laws and regulations.

Is there a fee for amending Louisiana Articles of Incorporation?

Yes, there is usually a fee associated with amending Louisiana Articles of Incorporation, which varies depending on the specific circumstances.

How long does it take to process an amendment to Louisiana Articles of Incorporation?

The processing time for an amendment to Louisiana Articles of Incorporation can vary, but it typically takes a few weeks to be completed.

Can I amend Louisiana Articles of Incorporation online?

Yes, you can often file an amendment to Louisiana Articles of Incorporation online through the Louisiana Secretary of State’s website.

What information is required to be included in an amendment to Louisiana Articles of Incorporation?

An amendment to Louisiana Articles of Incorporation typically requires the original filing date, the name of the corporation, the provision to be amended, and the new provision.

Can I amend multiple provisions in the Louisiana Articles of Incorporation with one amendment?

Yes, it is possible to amend multiple provisions in the Louisiana Articles of Incorporation with a single amendment document.

Is there a deadline for amending Louisiana Articles of Incorporation?

There is no specific deadline for amending Louisiana Articles of Incorporation, but it is recommended to amend them as soon as needed to keep the records updated.

Can the board of directors initiate an amendment to Louisiana Articles of Incorporation?

Yes, the board of directors can typically initiate an amendment to Louisiana Articles of Incorporation, but it may require shareholder approval in some cases.

Do I need a lawyer to help me with amending Louisiana Articles of Incorporation?

While it’s not required to have a lawyer, seeking legal guidance can ensure compliance with Louisiana laws and regulations when amending Articles of Incorporation.

Will amending the Louisiana Articles of Incorporation affect my corporation’s standing with the state?

Amending the Louisiana Articles of Incorporation should not affect your corporation’s standing with the state as long as the process is followed correctly.

Can the public access the amended Louisiana Articles of Incorporation?

Yes, the amended Louisiana Articles of Incorporation are usually considered public records and can be accessed by anyone who requests them.

Are there any restrictions on changing the name of a corporation in Louisiana?

Yes, changing the name of a corporation in Louisiana typically requires filing a specific amendment or a separate application with the Secretary of State.

What happens if I discover an error in the Louisiana Articles of Incorporation after they have already been filed?

If you discover an error in the Louisiana Articles of Incorporation after filing, you can typically correct it by filing an amendment with the Secretary of State.

Can I revert to a previous version of the Louisiana Articles of Incorporation if needed?

It may be possible to revert to a previous version of the Louisiana Articles of Incorporation through the process of amending them again if necessary.

What is the purpose of amending Louisiana Articles of Incorporation?

The purpose of amending Louisiana Articles of Incorporation is to update, modify, or correct provisions to better reflect the corporation’s structure or operations.

Can a shareholder initiate an amendment to Louisiana Articles of Incorporation?

In some cases, a shareholder can initiate an amendment to Louisiana Articles of Incorporation, especially if it requires shareholder approval.

Is there a specific form required for amending Louisiana Articles of Incorporation?

Yes, there is usually a specific form provided by the Louisiana Secretary of State for amending Articles of Incorporation that must be used.

What happens if an amendment to Louisiana Articles of Incorporation is rejected?

If an amendment to Louisiana Articles of Incorporation is rejected, the reasons for rejection will typically be provided, and you may have the option to correct and resubmit the amendment.

Can amendments to Louisiana Articles of Incorporation be challenged in court?

Amendments to Louisiana Articles of Incorporation can potentially be challenged in court if they are found to be in violation of state laws or the corporation’s governing documents.

Are there any specific requirements for amendments to Louisiana Articles of Incorporation concerning non-profit corporations?

Yes, there are often specific requirements and restrictions that apply to amendments to Louisiana Articles of Incorporation for non-profit corporations, such as charitable purposes.

Do amendments to Louisiana Articles of Incorporation require approval from all shareholders?

It depends on the specific provisions being amended, but some amendments to Louisiana Articles of Incorporation may require approval from a majority or all shareholders.

Can I make minor corrections to the Louisiana Articles of Incorporation without filing an amendment?

Minor corrections to the Louisiana Articles of Incorporation may be allowed without filing a formal amendment, but significant changes typically require an amendment filing.

Can I change the registered agent for my corporation in the amendment to Louisiana Articles of Incorporation?

Yes, you can typically change the registered agent for your corporation in an amendment to Louisiana Articles of Incorporation, along with other necessary changes.

Are there any restrictions on the types of amendments that can be made to Louisiana Articles of Incorporation?

While there are typically no specific restrictions on the types of amendments that can be made to Louisiana Articles of Incorporation, they must comply with state laws and regulations.

Will amending Louisiana Articles of Incorporation affect the corporation’s tax status?

Amending Louisiana Articles of Incorporation should not automatically affect the corporation’s tax status, but consulting with a tax professional is recommended to ensure compliance.

Can I revoke an amendment to Louisiana Articles of Incorporation once it has been filed?

Once an amendment to Louisiana Articles of Incorporation has been filed and approved, it is generally not possible to revoke it unless there are exceptional circumstances.

Is amending Louisiana Articles of Incorporation a one-time process, or can it be done multiple times?

Amending Louisiana Articles of Incorporation can be done multiple times as needed to reflect changes in the corporation’s structure, operations, or governing documents.

How can I verify the status of an amendment to Louisiana Articles of Incorporation after filing?

You can typically verify the status of an amendment to Louisiana Articles of Incorporation by accessing the Louisiana Secretary of State’s online database or contacting their office directly.

How do I amend the articles of incorporation in Louisiana?

To amend the articles of incorporation in Louisiana, you must submit a completed Articles of Amendment form to the Secretary of State.

In Conclusion

Amending the Louisiana Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in Louisiana might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with Louisiana SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.