Louisiana Certificate of Formation: Articles & Cost (2026)
Louisiana has no document literally called a “Certificate of Formation.” To create a Louisiana LLC you file the Articles of Organization (form #365) plus an initial report with the Louisiana Secretary of State and pay a $100 fee through geauxBIZ. You must appoint a registered agent, and each year the LLC files an annual report on its anniversary date.
Quick Answer
- Actual document
- Articles of Organization, form #365 (no LLC “Certificate of Formation” in Louisiana)
- Agency
- Louisiana Secretary of State (geauxBIZ)
- Filing fee
- $100 now; $125 from Oct 1, 2026
- Governing law
- RS 12:1304 (articles) and RS 12:1305 (initial report)
- Registered agent
- Required - named in the initial report (RS 12:1308)
- Ongoing
- Annual report on the anniversary date
Does Louisiana Have a “Certificate of Formation”?
No. “Certificate of Formation” is the name that Delaware, Texas, Washington, and New Jersey give to the document that creates an LLC. Louisiana does not use that phrase for limited liability companies. In Louisiana, the charter document is the Articles of Organization, form #365, and it is governed by the Louisiana Limited Liability Company Law, RS 12:1304. If a bank, lender, or out-of-state form asks a Louisiana LLC for its “Certificate of Formation,” the correct equivalent is the filed Articles of Organization together with the certificate the Secretary of State issues after recording.
The naming overlap causes real confusion, and it is compounded in Louisiana by a second document: the initial report, which is filed with the Articles of Organization and names the registered agent. This guide explains the document Louisiana actually files, what it costs, and what happens after. For the national picture, see how to form an LLC and the state walkthrough at how to form an LLC in Louisiana.
Louisiana Agency and Form: Secretary of State, Form #365
A Louisiana LLC is created by filing the Articles of Organization with the Louisiana Secretary of State, Commercial Division. Filing and the Secretary of State's acceptance of the record is the legal act that brings the LLC into existence under RS 12:1304. You file online through geauxBIZ, the Secretary of State's business portal, which is the fastest route; mail filing is also accepted. The document number to use for a limited liability company is #365, the Articles of Organization.
The Secretary of State records filings, assigns each entity a charter number, and maintains the public record you can look up in the state's business search. Compare Louisiana's process with a sibling state at Louisiana Articles of Organization for a deeper filing walkthrough, or with how to form an LLC in Texas, which does use a Certificate of Formation.
What the Articles of Organization Must Include
RS 12:1304 sets out what the Articles of Organization must contain. Getting these details right the first time avoids a rejected filing:
- LLC name. It must contain “limited liability company,” “L.L.C.,” or “LLC” and be distinguishable from other names on the Secretary of State's record. You can reserve a name for 120 days first (form #398, $25).
- Purpose. A statement of purpose, which may simply say the LLC may engage in any lawful activity.
- Other lawful provisions the members choose to include about the company and its regulation.
- Organizer signature. Each person forming the LLC signs the articles.
The internal rules of the company - ownership percentages, voting, and distributions - go in a separate operating agreement, which Louisiana does not file and does not require but which is strongly recommended.
The Initial Report Filed With the Articles
Louisiana pairs the charter document with a separate initial report. Under RS 12:1305, you file it together with the Articles of Organization. The initial report states the LLC's registered office, the name and municipal address of each registered agent, and the names and addresses of the managers or members. It also includes a signed affidavit in which the registered agent accepts the appointment.
There is no separate fee for the initial report - it is part of the formation filing. Because it names the registered agent, it is where Louisiana's continuous registered-agent requirement first attaches to your LLC. See Louisiana registered agent for the qualification rules.
Louisiana LLC Filing Fees (2026)
The headline cost to create a Louisiana LLC is $100. Optional add-ons increase it. All amounts below are set by the Secretary of State and effective for 2026; confirm the current schedule before filing, because Louisiana's Commercial Division fees rise on October 1, 2026.
| Item | Form | Fee (2026) | Required? |
|---|---|---|---|
| Articles of Organization + initial report | #365 | $100 ($125 from Oct 1, 2026) | Yes |
| Name reservation (120 days) | #398 | $25 | Optional |
| Expedited processing (24-hour) | - | $30 | Optional |
| Priority (same-day) processing | - | $50 | Optional |
| Change of registered office or agent | #983 | $25 ($30 from Oct 1, 2026) | As needed |
| Federal EIN (IRS) | SS-4 | $0 (free) | As needed |
For the full lifetime cost of a Louisiana LLC, including the annual report and taxes, see Louisiana LLC cost.
Louisiana Registered Agent Requirement
RS 12:1308 requires every Louisiana LLC to continuously maintain a registered office in Louisiana and at least one registered agent. The registered agent receives service of process, tax notices, and official correspondence. The agent must be a Louisiana resident citizen, a partnership or professional law corporation authorized to practice law in the state, or a domestic or qualified foreign corporation or LLC authorized to act as agent for service of process, with a physical Louisiana street address - a post office box alone does not qualify.
You may serve as your own registered agent, name a manager, or hire a commercial registered agent service. To change agents later, file form #983 for $25 (rising to $30 on October 1, 2026). Failing to keep filings current can lead the Secretary of State to revoke the articles after three consecutive missed annual reports (RS 12:1308.2). See Louisiana registered agent requirements and the national registered agent overview.
After Formation: EIN, Annual Report, and Taxes
Filing the articles creates the entity, but a few steps complete the setup. Apply for a free federal Employer Identification Number (EIN) from the IRS; it is required if the LLC has more than one member or any employees. By default, the IRS treats a single-member LLC as a disregarded entity and a multi-member LLC as a partnership; either can elect corporate or S-corporation treatment.
Louisiana keeps the LLC active through a yearly annual report filed on or before the anniversary date. If the LLC sells taxable goods or services, register with the Louisiana Department of Revenue for the 5% state sales tax, and check for any business licenses your activity requires. For the tax picture, see Louisiana LLC tax filing. When you close the company, you file separate dissolution paperwork rather than simply letting the annual report lapse - see how to dissolve an LLC in Louisiana.
Frequently Asked Questions
Does Louisiana have a Certificate of Formation?
No. Louisiana uses the Articles of Organization (form #365) to create an LLC, filed with the Secretary of State under RS 12:1304. “Certificate of Formation” is a Delaware and Texas term, not a Louisiana one.
How much does it cost to file Louisiana Articles of Organization?
$100, rising to $125 on October 1, 2026, filed online through geauxBIZ with the initial report. Expedited service costs $30 (24-hour) or $50 (same-day). See Louisiana LLC cost.
What agency handles Louisiana LLC formation?
The Louisiana Secretary of State, Commercial Division. You file online through geauxBIZ or by mail, and the Secretary of State records the Articles to create the LLC.
Does a Louisiana LLC need a registered agent?
Yes. RS 12:1308 requires a Louisiana registered office and at least one registered agent, named in the initial report. See Louisiana registered agent.
What is the Louisiana equivalent of a Certificate of Formation?
The filed Articles of Organization plus the certificate the Secretary of State issues after recording. Provide that if a bank asks a Louisiana LLC for a Certificate of Formation.
Is a Louisiana corporation different from an LLC?
Yes. A corporation files Articles of Incorporation; an LLC files Articles of Organization under RS 12:1304. Neither uses a Certificate of Formation.
Related
- How to form an LLC (cluster hub)
- How to form an LLC in Louisiana
- Louisiana Articles of Organization
- How much does a Louisiana LLC cost?
- Louisiana registered agent
- Louisiana LLC annual report
- Louisiana operating agreement
- Louisiana LLC tax filing
- How to dissolve an LLC in Louisiana
- Articles of Organization (national)
- How to form an LLC in Texas (sibling)
Sources
- Louisiana Secretary of State - Forms & Fee Schedule ($100 Articles of Organization #365; $25 name reservation #398; $30/$50 expedite).
- Louisiana Secretary of State - Start a Business (geauxBIZ).
- Louisiana Secretary of State - File Business Documents (online filing).
- Louisiana Secretary of State - 2026 Fee Changes (Act 921), effective Oct 1, 2026 (Articles $125).
- Louisiana Legislature - RS 12:1305, Articles of organization; initial report.
- Louisiana Legislature - RS 12:1308, Registered office and registered agent.
- Louisiana Legislature - RS 12:1308.2, Failure to file annual report; revocation.
- Louisiana Revised Statutes (Justia) - RS 12:1304, Articles of organization; contents.
- Louisiana Revised Statutes (Justia) - RS 12:1301, Definitions.
- Louisiana Department of Revenue - General Sales & Use Tax (5% state rate).
- IRS - Limited Liability Company (LLC) (federal default classification).
- IRS - Get an Employer Identification Number (free EIN).
- Legal Information Institute - Articles of organization (Wex legal definition).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and deadlines change; verify current requirements with the Louisiana Secretary of State before acting.