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Louisiana Business Formation Questions & Answers
1 Answer | Asked in Tax Law, Business Formation and Business Law for Louisiana on
Q: Old company under my name I need to clean my name

I use to work for company they asked me to open company under my name I agreed to help but later after months they said they closed the company but after that I was getting mail about toll fees and I got mail from irs say I owe money I moved from my address so I can’t get no more mail I don’t... View More

Samuel  Landis
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answered on Oct 22, 2023

This is a difficult situation. You will need to actively prove to the IRS that you should not be responsible for the taxes due. Hopefully, there is time to file an appeal. If not, there are other ways to remove the liability.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Louisiana on
Q: Does this law apply to reinstated HOA? We had our HOA reinstated with no vote by a self elected board after 7 years.

HOA was dissolved in 2013. Now new self elected president wishes to enact rules. Most of neighborhood does not know HOA was reinstated. It was revealed only on an nextdoor web app. Question is in reference to RS 12.1-1444

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

I would advise that one first looks at the covenants and restrictions of the subdivision and see whether or not a HOA was initially discussed. If there is no mandatory HOA, then I would think the property owners would not be subject to the HOA. Further, you may want to consider consulting/hiring... View More

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: i need an affidavit but im not sure what its called can you help? i just need to know the name

I was just employed by a start up company and they want me to get an affidavit saying that I am the only one who has claim to any business information. for example if I were to get married and then divorced my spouse could not have any of my shares in the company

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 11, 2021

Short version is that you and/or your employer should hire a lawyer to properly draw up all of the paperwork you are discussing/seeking. It would seem that your employer would have an interest in doing this because I assume that there may be additional person(s) --whether employees or business... View More

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: In the forming of an LLC, does an equal capital contribution mean both members get 50% of the shares?

In the forming of an LLC, the OA stated the shares are valued at 1% for $300. One member was supposed to pay $15,300 for 51% and the other member $14,700 for 49%. BUT each submitted $15,000 cashier checks. Is it still 51%\49% or is it 50-50 by default?

Barbara Berschler
Barbara Berschler
answered on May 20, 2020

The amount of money one contributes to a business startup does not determine the relative share of ownership by the investors. There can be other factors considered, such as time spent on project, know how, which can weigh into the computation. If you have any questions about fairness at this... View More

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... View More

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

View More Answers

1 Answer | Asked in Business Formation, Business Law and Contracts for Louisiana on
Q: I’m currently making my own business, but before I start I want to be able to protect myself legally. I need advice.

I’m from Louisiana and I need advice on contracts/ liability forms. If I should have commercial insurance before I even think about actually starting my business.

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2019

It would be difficult for a Louisiana attorney to advise you on that, given the basic question-answer format of this board. You should think about contacting a Louisiana attorney and setting up a consultation. The forms you mention could depend on your business. Some forms are standard templates;... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Communications Law for Louisiana on
Q: Can a private citizen of Louisiana write and place a bill of legislation?
Tim Akpinar
Tim Akpinar
answered on Jun 2, 2019

As a general matter, bills are usually written by lawmakers. They can also come from other elected officials as well. But lawmakers should be attentive to the voices of their constituents, and many lawmakers welcome correspondence from citizens as to their ideas and thoughts. You could contact the... View More

1 Answer | Asked in Business Formation and Criminal Law for Louisiana on
Q: What should a business person do to protect themselves for being blamed for a non forced entry burglary regarding guns

And the burglars are blaming you the business owner and I don't know them

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 19, 2019

You need to hire a criminal attorney because this question is way too complicated and you did not give nearly enough details to answer on a website

1 Answer | Asked in Business Formation for Louisiana on
Q: I formed an LLC in Louisiana, but I'm planning to drop the LLC for the business. Do I need to file a DBA with the state?

After forming the LLC, I was planning on forming a DBA to drop the LLC from the business name. Example of that "Bob Building LLC" as the corporate name and "Bob Building" as the business name. However, when I go to apply for a DBA under "Bob Building", the state of... View More

D. Alex Onstott
D. Alex Onstott
answered on Sep 13, 2018

Depending on your usage need, you are generally allowed to use the registered business name with or without the "LLC," without filing a DBA. The DBA is typically used when a substantially different name is used in commerce than the business's legal name, or when an entity, typically... View More

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

I'm starting a home improvement LLC. To register with the state licensing board for contractors I need proof of at least $100,000 in liability insurance and workers compensation insurance in accordance with title 23 of LA revised statutes of 1950. I need to know what that entails for when I... View More

Christie Tournet
Christie Tournet
answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed... View More

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