Louisiana Revised Statutes 9:3403 – Contract of partnership; required content; use of names
Terms Used In Louisiana Revised Statutes 9:3403
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
A.(1) A contract of partnership filed for registry with the secretary of state shall be written in the English language and contain the name and taxpayer identification number of the partnership, the municipal address of its principal place of business in this state, and the name and the municipal address of each partner, including partners in commendam, if any.
(2) The failure to include the taxpayer identification number of the partnership shall not invalidate nor cause the secretary of state to reject the contract.
(3) The secretary of state may prescribe and furnish forms for filing the contract of partnership.
B. If the secretary of state receives for filing a partnership agreement that includes in the partnership name the word “bank”, “banker”, “banking”, “savings”, “safe deposit”, “trust”, “trustee”, “building and loan”, “homestead”, “credit union”, or any other word of similar import, the secretary of state shall not file the partnership agreement until the secretary of state receives satisfactory evidence that written notice of the proposed use of that name was delivered to the office of financial institutions at least fourteen days prior to the filing made with the secretary of state.
C. If the secretary of state receives for filing a partnership agreement that includes in the partnership name the word “engineer”, “engineering”, “surveyor”, or “surveying”, the secretary of state shall not file the partnership agreement until the secretary of state receives either of the following:
(1) Satisfactory evidence that written notice of the proposed use of that name was delivered to the Louisiana Professional Engineering and Land Surveying Board at least ten days prior to the filing made with the secretary of state.
(2) A written waiver of the ten-day notice prescribed in Paragraph (1) of this Subsection, signed by the executive secretary or any officer of the Louisiana Professional Engineering and Land Surveying Board.
D. If the secretary of state receives for filing a partnership agreement that includes in the partnership name the word “architect”, “architectural”, or “architecture”, the secretary of state shall not file the partnership agreement until the secretary of state receives either of the following:
(1) Satisfactory evidence that written notice of the proposed use of that name was delivered to the Louisiana State Board of Architectural Examiners at least ten days prior to the filing made with the secretary of state.
(2) A written waiver of the ten-day notice prescribed in Paragraph (1) of this Subsection, signed by the executive director or any member of the Louisiana State Board of Architectural Examiners.
Acts 1990, No. 745, §1; Acts 2018, No. 560, §1, eff. May 28, 2018; Acts 2019, No. 19, §1, eff. May 28, 2019; Acts 2023, No. 26, §1.