What is a Foreign LLC in Louisiana – Definition and Filing

If you have an LLC in Louisiana and want to expand your business beyond Louisiana, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Louisiana, must file a foreign LLC in Louisiana. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Louisiana government.

In this article, you’ll be reading about how to start a foreign LLC in Louisiana. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Louisiana after you form it.

Forming a Foreign LLC in Louisiana

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Louisiana, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Louisiana) and wants to expand their operations in Louisiana can file their LLC as a foreign entity. To start a foreign LLC in Louisiana, you need to register it with the Louisiana Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Louisiana for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Louisiana. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

Before you proceed to register your LLC in Louisiana as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Louisiana, then you must obtain the Certificate of Good Standing from Louisiana Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Louisiana must get this document to register a foreign LLC in Louisiana.

Filing Certificate of Good Standing: In Louisiana, to obtain the Certificate of Good Standing, one must visit the Louisiana Secretary of State portal. On Order Documents and Certificates page, you will find the methods of obtaining the Certificate of Good Standing for your Louisiana LLC.

Step 2: Choose Louisiana Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Louisiana Secretary of State. Your LLC’s legal name outside of Louisiana will be listed on the application, along with the name it will use in Louisiana. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in Louisiana to use. Check name availability at Louisiana’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Louisiana when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Louisiana Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Louisiana, you must have a registered agent from Louisiana only. No matter where your domestic LLC is located, you must hire a registered agent from Louisiana for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Louisiana and take note that the Louisiana Resident Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Louisiana Foreign LLC

The most important step is to send the application for registration with Louisiana SOS. Download the PDF form from the Louisiana Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

LLC’s full legal name.
A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- DBA filing method in Louisiana: three methods, online, by mail, and in person filing.
- Online: For online filing, check the Louisiana geauxBIZ Website. There, look for the “Fictitious Names” section. You will get the registration form.
- Offline: For filing offline, you must send the downloaded PDF form to the Office of the Commercial Division, P.O. Box 94125, Baton Rouge, LA 70804-9125 or drop it off in person at the Louisiana Secretary of State, 8585 Archives Ave., Baton Rouge, LA 70809
- DBA filing fee in Louisiana: $75 Filing Fee and $300 for 24-hour Expedited fiiling
LLC’s principal office and mailing addresses
LLC formation state and date.
Registered agent’s name and address in Louisiana.
Date when your LLC will start operations in Louisiana.
Credit card information is on the last page of the form for the application fee.

Online Filing

If you’re filing a foreign LLC in Louisiana online, you need to Sign in to SOS or create an account with the portal. Once you create an account, complete your profile and take a tour of your dashboard. You will find the online foreign LLC registration form. Fill it up and submit it online, along with the payment.

Offline Filling

For the offline filing, you must get the PDF form first. The Foreign LLC Registration Form needs to be downloaded and filled up properly before submitting it to the Secretary of State’s physical address at State of Louisiana Secretary of State, P.O. Box 94125, Baton Rouge, LA 70804. It must be sent by mail or drop in person to the address.

Foreign LLC Registration Fee in Louisiana: To start a foreign LLC in Louisiana you must pay $150 as a processing fee. The fee is fixed and must be paid to the Secretary of State. Check with the portal for the available payment methods.

The LLC cost in Louisiana, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Louisiana’s domestic and foreign LLCs.

Step 5: Determine How Your Louisiana Foreign LLC is taxed

Foreign LLCs are also subjected to the Louisiana Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Louisiana for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Louisiana. However, it is recommended to check with the Louisiana Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing Louisiana Foreign LLC Online – Quick Recap

Get the Certificate of Good Standing from your home state where your LLC is originally registered
Check if the name of your LLC is available in Louisiana to use for your foreign LLC. If not, file DBA name with Louisiana SOS.
Get a registered agent in Louisiana to represent your foreign LLC in Louisiana. Recommended, professional help instead of being your own registered agent.
File the Application of Foreign LLC with the Louisiana Secretary of State following the mentioned method(s) above.
Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Louisiana with the FinCEN.

After Forming Louisiana Foreign LLC

Here are added things you need to accomplish after forming your Louisiana Foreign LLC

Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Louisiana Secretary of State.
File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Louisiana. Here’s everything about Louisiana LLC Annual Reports.
Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is an LLC?

An LLC, or limited liability company, is a business entity that offers a combination of benefits of both a corporation and a partnership.

Can I form a foreign LLC in Louisiana?

Yes, you can form a foreign LLC in Louisiana if your LLC was originally formed in another state.

What is a foreign LLC?

A foreign LLC is an LLC that is formed in one state but wishes to conduct business in another state.

Do I need to register my foreign LLC in Louisiana?

Yes, if you plan on doing business in Louisiana, you must register your foreign LLC with the Louisiana Secretary of State.

What is the process for registering a foreign LLC in Louisiana?

The process for registering a foreign LLC in Louisiana involves submitting an application for registration and paying the required fees.

What are the advantages of forming a foreign LLC in Louisiana?

Forming a foreign LLC in Louisiana allows your company to expand its operations into a new state and take advantage of new business opportunities.

Do I need a registered agent for my foreign LLC in Louisiana?

Yes, you are required to appoint a registered agent for your foreign LLC in Louisiana.

Can I be my own registered agent for my foreign LLC in Louisiana?

No, you cannot serve as your own registered agent for your foreign LLC in Louisiana. You must appoint a registered agent who has a physical address in Louisiana.

What is the role of a registered agent for a foreign LLC in Louisiana?

A registered agent is responsible for receiving legal documents and official correspondence on behalf of the LLC.

How long does it take to register a foreign LLC in Louisiana?

The registration process for a foreign LLC in Louisiana can vary, but it generally takes a few weeks to complete.

What is the cost of registering a foreign LLC in Louisiana?

The cost of registering a foreign LLC in Louisiana varies, but there are filing fees that must be paid to the Louisiana Secretary of State.

Do I need a Louisiana street address for my foreign LLC?

Yes, you will need to have a registered agent with a physical street address in Louisiana for your foreign LLC.

Are there any ongoing requirements for maintaining a foreign LLC in Louisiana?

Yes, foreign LLCs in Louisiana must file annual reports and pay annual fees to stay in compliance with state regulations.

Can a foreign LLC change its name in Louisiana?

Yes, you can change the name of your foreign LLC in Louisiana by filing the appropriate forms and paying the required fee.

Can a foreign LLC convert to a domestic LLC in Louisiana?

Yes, a foreign LLC can convert to a domestic LLC in Louisiana by following the necessary steps outlined by the state.

Does a foreign LLC in Louisiana need an operating agreement?

While not required by law, it is highly recommended that a foreign LLC in Louisiana have an operating agreement that outlines the ownership and management structure of the company.

Are foreign LLCs in Louisiana subject to state taxes?

Foreign LLCs in Louisiana are subject to state taxes if they generate income within the state.

Can I use a PO Box as my registered agent address for my foreign LLC in Louisiana?

No, a PO Box cannot be used as the registered agent address for a foreign LLC in Louisiana.

Do foreign LLCs in Louisiana need a federal employer identification number (FEIN)?

Yes, foreign LLCs in Louisiana must obtain a federal employer identification number (FEIN) if they have employees or if the LLC selects to be taxed as a corporation.

Can I register a foreign LLC online in Louisiana?

Yes, you can register a foreign LLC online in Louisiana through the Louisiana Secretary of State’s online portal.

What is the publication requirement for foreign LLCs in Louisiana?

Foreign LLCs in Louisiana are not required to publish any announcements in newspapers.

Can a foreign LLC in Louisiana open a bank account?

Yes, a foreign LLC in Louisiana can open a bank account as long as it has all the required documentation, including the certificate of registration.

Can a foreign LLC in Louisiana own property?

Yes, a foreign LLC in Louisiana can own property as long as it adheres to the state’s real estate laws and regulations.

Can a foreign LLC in Louisiana sue or be sued?

Yes, a foreign LLC in Louisiana can sue or be sued in state courts if necessary.

Can a foreign LLC member represent the LLC in court in Louisiana?

Yes, a member of a foreign LLC in Louisiana can represent the LLC in court without requiring an attorney.

Can a foreign LLC dissolving in another state still do business in Louisiana?

No, a foreign LLC that is dissolving in another state cannot do business in Louisiana.

Do foreign LLCs in Louisiana need to file an annual report?

Yes, foreign LLCs in Louisiana need to file an annual report which is due on different dates depending on the date of original registration.

What are the penalties for not registering a foreign LLC in Louisiana?

The penalties for not registering a foreign LLC in Louisiana can include fines and the inability to legally conduct business in the state.

Can a foreign LLC be converted to an LLC in Louisiana?

Yes, a foreign LLC can be converted to an LLC in Louisiana through the process of domestication by complying with the state’s conversion regulations.

What are the benefits of forming a foreign LLC in Louisiana?

Forming a foreign LLC in Louisiana allows you to expand your business to a new market and take advantage of the state’s business-friendly environment.

In Conclusion

Having a foreign LLC in Louisiana is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Louisiana does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in Louisiana, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Louisiana can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Louisiana is a success.