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Louisiana Certificate of Authority  /  Withdrawal

Giving up a Louisiana certificate of authority with Form 338

Form 338 is the Application to Withdraw-Foreign Corporation & Limited Liability Company, the paper a holder files to hand its Louisiana certificate of authority back. An LLC pays $185, swears the application before a notary in duplicate, and receives a certificate of withdrawal only after the state's tax and employment clearances arrive. We prepare it for $199.

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Form 338 at a glance

Title
Application to Withdraw-Foreign Corporation & Limited Liability Company
Authority
R.S. 12:312 for corporations, R.S. 12:1351 for LLCs
Price for an LLC
$185
LLC signer
a manager, if management is vested in managers, or a member
Corporation signer
any officer
You receive
A certificate of withdrawal

Is withdrawal the right move?

Withdraw when the entity is finished in Louisiana and will not come back soon. If it is only dormant for a season, the annual report costs $35, which is far less than filing a fresh application later at $185. Withdrawal also removes the Louisiana agent from the picture, so let the agent know first.

What the application says

The statute gives six statements for the application. It names the entity and its home jurisdiction, declares that the entity is not transacting business here, surrenders the authority, and cancels the agent's power to accept process. It then consents to the Secretary of State being served with claims from the authorized years, supplies an address to which that process can be forwarded, and gives any additional information the state needs to work out what the entity still owes in fees or taxes.

Who signs, and in front of whom

A manager signs for an LLC run by managers, and a member for one run by its members. For a corporation the signer is an officer, or a receiver or trustee if one has taken charge. A notary takes the acknowledgment, and two copies are delivered.

Why the certificate may take a while

The Secretary of State will not issue the certificate until it has proof that fees, taxes, unemployment contributions, penalties and interest are settled. The proof comes from the Department of Revenue and from the state's employment security administrator, and the Secretary of State's office asks for it directly. Any open balance holds the file.

Before you file

CheckReason
The Louisiana business has stoppedThe application swears the entity no longer transacts business here
State taxes and employment contributions are currentThe certificate waits for the clearances
The agent has been toldWithdrawal ends the agent's role
An annual report falling due soon is filedThe duty to report continues until the certificate issues
A mailing address for process is chosenClaims will be forwarded there
Signer and notary are togetherThe block is sworn on both copies

Cost and speed

For an LLC the withdrawal fee is $185; a corporation's fee is quoted when you order. The 24-hour tier costs $35 extra and the 2 to 4 hour tier $60 extra.

Where to send it

Deliver the signed duplicate and the payment to Commercial Division, P. O. Box 94125, Baton Rouge, LA 70804-9125. Make the payment out to the Secretary of State; cash is not accepted.

When the certificate arrives

The entity's authority to transact business in Louisiana stops once the certificate of withdrawal issues. Claimants from those years may still serve process through the Secretary of State, who passes the papers to the address on your form. Keep that address current.

Calling the withdrawal off

Until the certificate issues, a signed request to end the proceedings stops the withdrawal. After it issues, the entity applies from scratch.

Costs around a withdrawal

Rush handling is chosen on the transmittal page: $35 for the 24-hour box or $60 for the 2 to 4 hour box. The annual report stays due at $35 until the certificate issues, which means a withdrawal finished ahead of the next anniversary avoids another report.

Corporations on the same form

The one form covers corporations and LLCs. A corporation's statute covers the same substance, and the signer is an officer. Annual reports continue for a corporation as they do for an LLC until the certificate issues.

The cost of leaving it too late

An entity that stays registered while idle pays $35 a year and can receive a revocation warning if it misses a report. An entity that withdraws pays $185 once as an LLC and needs a new application if it ever returns. Weigh the two against your expected return date.

Withdrawing from Louisiana

  1. Stop the Louisiana business

    The application swears it has stopped.

  2. Clear state taxes

    Revenue and employment security evidence is needed.

  3. Fill in Form 338

    Name, home state and an address for service of process.

  4. Swear the signature

    Two copies.

  5. Send it in

    $185 for an LLC.

Registered agent: first year included, then $149 a year

$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Withdrawal questions

Do I still file the yearly report?

Yes, until the withdrawal is effective.

Can unpaid taxes block the withdrawal?

Yes. The certificate waits for the clearances.

Our fee and the state's

Get my Louisiana certificate

+ $185 Louisiana fee

  • The Application for Authority to Transact Business in Louisiana, Foreign Limited Liability Company (Form 972), completed from your answers
  • The registered agent's sworn acceptance, collected and attached with your home-state certificate
  • A Louisiana registered agent and street office, supplied by us or by you
  • The package sent to the Commercial Division, and the filed certificate returned to you
  • Renewal: after the first year, the agent service renews at $149 a year

$199

Louisiana

Get my Louisiana certificate

Our fee and Louisiana's $185 appear as separate lines at checkout. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Start your Louisiana application

Give us the entity type and where it was formed, and we begin drafting.