Louisiana 2019 Regular Session

Louisiana Senate Bill SR37

Introduced
4/16/19  
Refer
4/16/19  
Report Pass
4/23/19  

Caption

Requests Louisiana State Law Institute to study the feasibility of authorizing "series" limited liability companies in Louisiana.

Impact

If endorsed, the resolution may lead to changes in Louisiana's business laws, particularly concerning the formation and management of limited liability companies (LLCs). The concept of 'series' LLCs could offer advantages such as enhanced asset protection, liability separation within different branches of the same company, and reduced administrative burdens. These changes could attract more businesses to Louisiana, knowing that they have the option for such a flexible entity structure, allowing for diverse operational strategies under one legal umbrella.

Summary

Senate Resolution 37, introduced by Senator Gatti, requests the Louisiana State Law Institute and the Louisiana Tax Institute to explore the feasibility of authorizing 'series' limited liability companies in Louisiana. The resolution stems from the recognition that other states have adopted laws permitting such entities, allowing organizations to create designated 'series' that can operate with distinct business purposes or investment objectives, potentially streamlining operations and legal considerations for businesses within the state.

Sentiment

The sentiment surrounding SR37 appears largely supportive among proponents of business-friendly legislation. Advocates argue that allowing the formation of 'series' LLCs aligns Louisiana with more progressive states regarding business regulations. However, as the resolution is intended for further study, there may be some hesitance among legislators concerned about potential complications or tax implications that could arise from such changes, signaling a need for comprehensive legal analysis before any formal adoption.

Contention

While there is a generally positive outlook on the potential benefits of 'series' LLCs, concerns do arise regarding the complexities of taxation and regulatory oversight that could follow their authorization. Legislators and business owners may question how these entities would be taxed, reported, and regulated under state law. The study requested by the resolution serves to address these concerns proactively, ensuring that legislation can be crafted to account for the unique characteristics and needs of 'series' LLCs while safeguarding against any unforeseen challenges.

Companion Bills

No companion bills found.

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