FREQUENTLY ASKED QUESTIONS

Who is the agent for service of process for an insurance company?

The Louisiana Insurance Commissioner authorizes insurance companies to do business in the State of Louisiana. If the insurance company is domiciled in Louisiana, the Insurance Commissioner will have the name and address of the agent(s). If the insurance company is domiciled outside Louisiana, the Secretary of State is their agent. The telephone number for the Insurance Commissioner is (225) 342-5900.

Is there a service fee for serving the Secretary of State?

Yes, the service fee is $25.00 per service. A check or money order made payable to the Secretary of State must be attached to the service.

Can anyone personally serve the Secretary of State with a law suit?

A law suit filed in a Louisiana state court must be served on the Secretary of State by the Sheriff of East Baton Rouge Parish or another sheriff or marshal from any of the 64 parishes. The sheriff must then make personal service on the Secretary of State at the Legal Services Sections, 8585 Archives Ave., Baton Rouge, Louisiana 70809, telephone (225) 925-4704. The only exception is when an individual is appointed by the judge for that particular law suit. He/she must produce the order signed by the judge and proper identification.

In a federal case, any individual can make personal service on the Secretary of State.

How many days do I have to answer before a default can be filed against me?

Louisiana Revised Statute 13:3204 Section 7 requires thirty (30) days filing into the record of an affidavit to the effect that process was mailed.

What is considered the effective date of service on the defendant?

The effective date is the date that the Secretary of State is served.

Where do you get your mailing addresses for the defendants?

The addresses for the insurance companies are provided to this office either by the Louisiana Insurance Commissioner, the Insurance Almanac, the insurance company, or the person filing the document. Corporation addresses are obtained from the records of the Corporation Section or the person filing the documents. An out-of-state motorist's address must be provided within the law suit.

What is my proof of service?

Your proof of service is the returned stamped citation or summons by the authorized person who made service on the Secretary of State. However, this office can provide a certificate of service for $20.00 per service. This will provide the date of service, when and where it was forwarded and whether it was accepted or returned to this office. A copy of our letter of transmittal and the returned receipt or the returned envelope will be attached.

How do I file a business opportunity?

Any business opportunity seller or agent must appoint the Secretary of State as his agent for service of process, prior to engaging in business in this state. The designation need only state that the company hereby appoints the Secretary of State as its agent for service of process, be signed by one officer of the company and enclose a $15.00 fee per service (check made payable to the Secretary of State).

How do I serve a foreign corporation?

If the foreign corporation is registered with this office, you would serve the registered agent that is on file. If the corporation withdrew or is not registered, you would serve the Secretary of State.

How do I serve a domestic corporation?

Contact the Telecommunications Section at (225) 925-4704 to get the registered agent. When the domicile is in one parish and the agent is in another parish, service is made through the corporation's address and sheriff of that parish. If the agent resigned or does not take service, the person requesting the service has the sheriff of the corporation's domicile parish to serve at the regular address and stamp the suit as served or unable to serve. After diligent effort, they can serve the documents through the Secretary of State with the sheriff's verification. This falls under Civil Code of Procedures 1262.

How I go about survey soliciting?

This is the same as public opinion poll takers. Public Opinion Poll takers should file with the Secretary of State prior to February 15th of each year. There is a $5.00 filing fee. To obtain a registration form, call (225) 925-6692 or write Administrative Services, Secretary of State, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125.

UCC SECTION

Where do I file an UCC-1 original financing statement in your state?

In Louisiana you may file an Original Financing Statement (UCC-1) with any of our 64 Parish filing offices. The Secretary of State's Office manages and maintains a statewide database and all 64 filing officers have access to this system. Regardless where you choose to file your UCC-1 it is transmitted as a statewide effective filing.

How should I provide debtor information?

Be very careful when providing debtor information since the way it is provided by the filer is exactly how it will be indexed into the UCC statewide database and will affect search results. If you wish to index more than one debtor name be sure to provide the information as two separate debtors.

What information is required to make my UCC-1 legally sufficient?

Louisiana R.S. 10:9-502 provides the following:
a) Sufficiency of financing statement:

• provide the name of the debtor
• provides the name of the secured party or a representative of the secured party
• indicates the collateral covered by the financing statement

b) Real-property-related financing statement:

• satisfy subsection (a)
• indicate that it covers this type of collateral
• provide a description of the real property to which the collateral is related sufficient to cause the mortgage to be effective against third persons if the description were contained in a mortgage of real property files for registry
• if the debtor does not have an interest of record in the real property, provide the name of a record owner against third persons if the description were contained in a mortgage of real property files for registry

What are reasons for rejection for a UCC-1?

Louisiana R.A. 10:9-516 provides many reasons for rejection of a UCC-1 financing statement; however, the 64 filing officers will consistently reject for:

• the record is not communicated by a method or medium of communication authorized by the filing office
• an amount equal to or greater than the applicable filing fee is not tendered
• the record does not provide a name for the debtor
• the record does not provide a last name for the debtor
• the record does not provide a name for the secured party
• in the case of an assignment reflect in an initial financing statement, the record does not provide a name for the assignee

What are the fees for filing a UCC-1?

The filing fee for filing a UCC-1 is $30.00. This is for one debtor and includes a $5 termination fee which is paid at the time the original financing statement is filed. Additional fees include: $10 for each additional debtor listed; and a $15 nonstandard fee if you file on any form other than the Louisiana approved form and the National Approved UCC Form. Please see our Fee Schedule for possible additional charges.

Can I use another state's form when filing?

The filing officers will accept filings on forms other than the Louisiana Approved Forms (UCC-1 and/or UCC-3) or the National Approved Forms however an additional $15 nonstandard fee will be assessed. If you are interested in purchasing Louisiana approved forms you may contact any of the form vendors listed on this web site.

I received a Confirmation of Filing. What is it and what should I do with it?

This confirmation of filing which is generated by the Secretary of State's Office allows the secured party to see the information that was actually entered by the 64 parish filing officers into the statewide database. You should carefully check the information for accuracy and contact the parish where you presented your filing if there is a discrepancy.

UCC-3 Subsequent Filings (Amendments, Continuations, Assignments, Terminations)

Where do I file a subsequent filing in your state?

Louisiana law provides that a UCC-3 subsequent filing shall be filed in the parish where the original financing statement to which it relates was filed. The parish of filing can be determined by the two digits preceding the file number. The parish code is a numeric identifier.

What are the filing fees for a UCC-3?

The basic filing fee for a UCC-3 is $25, with the exception of a termination filing which is $5 and prepaid at the time the original is filed. Please see our Fee Schedule for possible, additional charges.

What are the reasons for rejection of a UCC-3?

• does not identify the initial financing statement to which it relates
• identifies an initial financing statement for which effectiveness has lapsed
• in the case of a continuation, failure to file within the six-month window prior to lapse
• in the case of an assignment, failure to provide a name for the assignee
• in the case of an amendment which adds an individual debtor, failure to provide the last name for the debtor
• in the case of an amendment adding a new secured party, failure to provide a name for the secured party
• not presented for filing in the parish where the original financing statement was filed

How do I file a release?

Revised Article 9 provides for the filing of an amendment of collateral. If you are using the National Standard Financing Statement Form or the newly revised Louisiana Approved Form, you would check Box 8. Amendment (Collateral Change) and complete the description of the collateral.

How do I conduct a lien search in your state?

You must contact any of the 64 Parish filing offices. They have access into the statewide UCC database and will reflect statewide lien information for the debtor. The Secretary of State's Office does not provide searches.

What can I expect from my search?

Louisiana has adopted the standard search logic as recommended by the International Association of Corporate Administrators (IACA). Search requests on organizational debtor names will reveal liens for an exact debtor name match only. Search requests for individual debtors will reveal liens for:

1. an exact debtor name match
2. in the case of initials in either the first name and/or middle name fields, a match with any debtor name that begins with that initial or where no name is given in that field

When Louisiana first adopted the Uniform Commercial Code in 1990, the law required that a taxpayer identification number be included for the debtor. Revised Article 9 with an implementation date of July 1, 2001 does not provide for the taxpayer identification number; however, when searching the UCC database, particularly on individual debtors, it may be helpful to use the taxpayer identification number as an additional identifier for your debtor (please remember that only those filings filed prior to 7/1/01 will be reflected). If you choose to search using the taxpayer identification with the debtor name your results will be as follows:

1. that exact debtor name where no taxpayer identification number was provided on the original filing;
2. that exact taxpayer identification number regardless of debtor name; and
3. exact debtor name and taxpayer identification number.