Louisiana Revised Statutes 12:1704 – Judicial review; removal of officers, members, managers, and partners
Terms Used In Louisiana Revised Statutes 12:1704
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
A. Should any officer, member, manager, or partner of any corporation, limited liability company, or partnership have his name removed from any document or record filed with the secretary of state in violation of state law or in contravention of any document of creation, organization, or management of such business entity, the aggrieved party may file suit against the party who caused the aggrieved party’s name to be removed from such document or record.
B. Such suit shall be filed in the district court of the parish where the business entity is domiciled.
C. The secretary of state shall be made a party to the suit.
D. The court shall conduct a hearing within ten days after service of process of the suit on all parties.
E. Should the court find that the name of the aggrieved party was improperly or fraudulently removed from the documents and records of the secretary of state, the court shall order the secretary of state to restore the name of the aggrieved party in all appropriate documents and records of the secretary of state.
F. Nothing in this Section shall be construed to supersede or conflict with the provisions of La. Rev. Stat. 12:208.
Acts 2014, No. 328, §1, eff. Jan. 1, 2015.