Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB516 Chaptered / Bill

                    Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 516
BY SENATOR CROWE 
AN ACT1
To enact Chapter 26 of Title 12 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 12:1701, relative to commercial regulations; to provide relative to the3
removal of officers, members, managers, or partners of certain business4
organizations; to provide for judicial review; to provide for the duties of a certain5
court; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 26 of Title 12 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 12:1701 is hereby enacted to read as follows: 9
CHAPTER 26.  PROVISIONS APPLICABLE TO MORE THAN10
ONE KIND OF BUSINESS ORGANIZATION11
ยง1701. Judicial review; removal of officers, members, managers, and partners12
A. Should any officer, member, manager, or partner of any corporation,13
limited liability company, or partnership have his name removed from any14
document or record filed with the secretary of state in violation of state law or15
in contravention of any document of creation, organization or management of16
such business entity, the aggrieved party may file suit against the party who17
caused the aggrieved party's name to be removed from such document or18
record.19
B. Such suit shall be filed in the judicial district court where the20
business entity is domiciled.21
C.  The secretary of state shall be made a party to the suit.22
D. The court shall conduct a hearing within ten days after service of23
process of the suit on all parties.24
E. Should the court find that the name of the aggrieved party was25
improperly or fraudulently removed from the documents and records of the26
secretary of state, the court shall order the secretary of state to replace the27
ACT No. 791 SB NO. 516	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
name of the aggrieved party on to all appropriate documents and records of the1
secretary of state.2
F. Nothing in this Section shall be construed to supercede or conflict3
with the provisions of R.S. 12:208. 4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: