Louisiana 2014 Regular Session

Louisiana House Bill HB351

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  
Report Pass
4/22/14  
Report Pass
4/22/14  
Engrossed
5/7/14  
Engrossed
5/7/14  
Refer
5/12/14  
Refer
5/12/14  

Caption

Provides relative to single business entities

Impact

By enacting this legislation, HB 351 aims to affirm the principle of separate legal personhood amongst different types of business organizations, which includes corporations, partnerships, and limited liability companies. Specifically, it establishes that entities cannot lose their independent status merely due to operational or structural similarities with other organizations. This change is expected to help prevent legal complications and liability issues that may arise from attempts to treat affiliated businesses as a single entity, potentially offering greater security to shareholders and stakeholders of individual organizations.

Summary

House Bill 351, introduced by Representative Broadwater, seeks to clarify the legal definition and treatment of separate juridical personalities among business organizations. The bill emphasizes that the distinct legal identities of business entities should not be disregarded solely based on their relationships, such as common management or shared control. This measure is intended to provide clearer criteria for recognizing the legal standing of entities and ensuring that their individual protections under the law are maintained, particularly concerning liability and regulatory compliance.

Sentiment

Overall, the sentiment surrounding HB 351 appears to be supportive, particularly from business interests and legal professionals who value the protection of separate legal identities. There is recognition of the importance of defining the boundaries of liability and responsibility among affiliated organizations, which can foster a healthier business environment. Moreover, the bill's prospects were bolstered when it passed unanimously in a vote, indicating widespread legislative support for this clarification in commercial regulations.

Contention

While the bill has garnered broad support, some concerns have been raised regarding its implications for regulatory oversight and enforcement. Critics may argue that reinforcing the separation of juridical personalities could limit the ability of regulatory bodies to address complex business structures that create ambiguous legal responsibilities. However, proponents contend that this legislation simply enforces existing legal principles and does not hinder necessary oversight, but rather ensures that businesses can operate without undue liability exposure based on their affiliations.

Companion Bills

No companion bills found.

Similar Bills

CA AB1823

Maxims of jurisprudence.

CA AB2859

Traffic-actuated signals: bicycles.

CA AB410

Vehicles: motor vehicle sideshows.

CA AB237

Crimes: threats.

NJ S3944

Provides that certain non-profit corporation alcoholic beverage theater licensees include disregarded entities of such corporations; allows certain community theaters to sell alcoholic beverages.

NJ A5125

Provides that certain non-profit corporation alcoholic beverage theater licensees include disregarded entities of such corporations; allows certain community theaters to sell alcoholic beverages.

ME LD80

An Act to Improve Family Economic Security Under the Temporary Assistance for Needy Families Program

CA SB66

Damages: income taxes deduction.