Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:3334 Choice of insurer
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§3334. Choice of insurer A. When insurance is required in connection with a consumer lease made under this Chapter, the lessor shall furnish the lessee with a statement which clearly and conspicuously states that such insurance is required in connection with the lease, and that t…
La. Rev. Stat. § 9:3335 Limitations on insurance rates; contract requirements
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§3335. Limitations on insurance rates; contract requirements A. Any insurance provided, sold, or obtained through a lessor pursuant to this Chapter shall be written at lawful rates and in accordance with the provisions of the Louisiana Insurance Code by a company authorized to do…
La. Rev. Stat. § 9:3336 Conditions applying to insurance provided by the lessor
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§3336. Conditions applying to insurance provided by the lessor If a lessor under a consumer lease agrees with the lessee to obtain or provide insurance, then such insurance shall be evidenced by an individual policy or certificate of insurance delivered to the lessee, or sent to …
La. Rev. Stat. § 9:3337 Cancellation of insurance; refund or credit upon cancellation
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§3337. Cancellation of insurance; refund or credit upon cancellation A. When a consumer lease is cancelled or terminated for any reason, any credit life or credit accident and health insurance paid by the lessee and provided, sold, or obtained through the lessor in connection the…
La. Rev. Stat. § 9:3338 Gain from insurance
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§3338. Gain from insurance Any gain, or advantage to the lessor, or any employee, officer, director, agent, general agent, affiliate or associate from such an insurance or its provisions or sale shall not be considered as a further charge nor a further interest rate or markup cha…
La. Rev. Stat. § 9:3339 Referrals
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§3339. Referrals With respect to a consumer lease transaction, the lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the lessee as an inducement for lease in consideration of his giving to the lessor the names of prospective purch…
La. Rev. Stat. § 9:334 Mediator qualifications
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§334. Mediator qualifications A. In order to serve as a qualified mediator under the provisions of this Subpart, a person shall meet all of the following criteria: (1)(a) Possess a four-year college degree and complete a minimum of forty hours of general mediation training and tw…
La. Rev. Stat. § 9:3340 Unauthorized collection practices
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§3340. Unauthorized collection practices The unauthorized collection practices provisions of R.S. 9:3562 shall apply to consumer lease transactions subject to this Chapter. Acts 1985, No. 592, §1, eff. July 13, 1985.
La. Rev. Stat. § 9:3341 Violations
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§3341. Violations A. Unintentional violations of this Chapter by lessors shall be corrected within thirty days following receipt of written notice from the lessee or the attorney general advising of the violation. Each written notice shall specify violations of this Chapter alleg…
La. Rev. Stat. § 9:3342 Recordation of leases of movables
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§3342. Recordation of leases of movables A.(1) Leases of movables entered into before Chapter 9 of the Louisiana Commercial Laws becomes effective may be recorded in the manner provided under this Subsection. The lease may be recorded by either the lessor or the lessee at their o…
La. Rev. Stat. § 9:335 Joint custody decree and implementation order; custody during an emergency or
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§335. Joint custody decree and implementation order; custody during an emergency or disaster A.(1) In a proceeding in which joint custody is decreed, the court shall render a joint custody implementation order except for good cause shown. (2)(a) The implementation order shall all…
La. Rev. Stat. § 9:3351 Short title
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§3351. Short title This Chapter shall be known as and may be cited as the "Louisiana Rental-Purchase Agreement Act". Acts 1991, No. 204, §1, eff. Jan. 1, 1992.
La. Rev. Stat. § 9:3352 Definitions
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§3352. Definitions As used in this Chapter: (1) "Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a rental-purchase agreement. (2) "Cash price" means the price at which the lessor would have sold the property to the …
La. Rev. Stat. § 9:3353 Inapplicability of other laws; exempted transactions
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§3353. Inapplicability of other laws; exempted transactions A. Rental-purchase agreements which comply with this Chapter shall not be governed by the laws relating to the following: (1) A consumer credit sale as defined in R.S. 9:3516(12) of the Louisiana Consumer Credit Law. (2)…
La. Rev. Stat. § 9:3354 General requirements of disclosure
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§3354. General requirements of disclosure A. The lessor shall disclose to the consumer the information required by this Chapter. In a transaction involving more than one lessor, only one lessor shall make the disclosures, but all lessors shall be bound by such disclosures. B. The…
La. Rev. Stat. § 9:3355 Disclosures
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§3355. Disclosures For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) The total number, total amount, and timing of all payments necessary to acquire ownership of the property. (2) A statement that the consumer w…
La. Rev. Stat. § 9:3356 Prohibited practices
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§3356. Prohibited practices A rental-purchase agreement shall not contain any of the following: (1) A confession of judgment. (2) A negotiable instrument. (3) A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pur…
La. Rev. Stat. § 9:3357 Reinstatement
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§3357. Reinstatement A. A consumer who fails to make a timely rental payment may reinstate the agreement, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly, without losing an…
La. Rev. Stat. § 9:3358 Receipts and accounts
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§3358. Receipts and accounts A lessor shall provide the consumer a written receipt for each payment made by cash or money order. Acts 1991, No. 204, §1, eff. Jan. 1, 1992.
La. Rev. Stat. § 9:3359 Renegotiations and extensions
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§3359. Renegotiations and extensions A. A renegotiation shall occur when an existing rental-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. H…
La. Rev. Stat. § 9:336 Obligation of joint custodians to confer
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§336. Obligation of joint custodians to confer Joint custody obligates the parents to exchange information concerning the health, education, and welfare of the child and to confer with one another in exercising decision-making authority. Acts 1993, No. 261, §5, eff. Jan. 1, 1994.…
La. Rev. Stat. § 9:3360 Advertising
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§3360. Advertising A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applic…
La. Rev. Stat. § 9:3361 Enforcement; penalties
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§3361. Enforcement; penalties Any violation of this Chapter shall constitute a prohibited practice under the Unfair Trade Practices and Consumer Protection Act, R.S. 51:1401 et seq., and shall be subject to the enforcement provisions of that Act. Acts 1991, No. 204, §1, eff. Jan.…
La. Rev. Stat. § 9:3362 Taxes
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§3362. Taxes Rental-purchase agreements, as defined by R.S. 9:3352, shall be deemed to be sales for state and local tax purposes only. The tax due on such transactions shall be payable in equal monthly installments over the entire term of the rental-purchase agreement, rather tha…
La. Rev. Stat. § 9:337 Repealed by Acts 2001, No
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§337. Repealed by Acts 2001, No. 1082, §3.
La. Rev. Stat. § 9:3371 Validity of sale/lease-back commercial transactions
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§3371. Validity of sale/lease-back commercial transactions Sale/lease-back commercial transactions involving immovable or movable property with a fair market value in excess of twenty-five thousand dollars and located within this state are hereby declared to be valid and enforcea…
La. Rev. Stat. § 9:3372 Sale/lease-back defined
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§3372. Sale/lease-back defined As used in this Chapter, a sale/lease-back is a commercial transaction consisting of a contemporaneous sale of property to a person who contemporaneously leases the property back to the vendor, with the original vendor-lessee retaining physical poss…
La. Rev. Stat. § 9:3391 Terminated by Acts 2005, 1st Ex
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§3391. Terminated by Acts 2005, 1st Ex. Sess., No. 56, eff. June 30, 2006.
La. Rev. Stat. § 9:3401 Central registry; creation
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§3401. Central registry; creation A. The secretary of state is hereby directed to create a Central Registry for Contracts of Partnership. B. For the purposes of Chapters 1 through 4 of this Code Title, any document required to be filed with the secretary of state shall be deemed …
La. Rev. Stat. § 9:3402 Filing
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§3402. Filing A. The contract of partnership or a multiple original thereof, duly executed by the partners, or a certified copy thereof, or statements submitted by foreign partnerships in accordance with R.S. 9:3421 et seq., shall be filed for registry with the secretary of state…
La. Rev. Stat. § 9:3403 Contract of partnership; required content; use of names
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§3403. Contract of partnership; required content; use of names 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…
La. Rev. Stat. § 9:3404 Contract amendment
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§3404. Contract amendment An amendment to a contract of partnership shall be filed for registry in the same manner as an original contract of partnership. Until filed for registry, such amendment shall not be effective as to third persons. An amendment to a contract of partnershi…
La. Rev. Stat. § 9:3405 Registration; endorsement; issuance of certificate; effect
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§3405. Registration; endorsement; issuance of certificate; effect When all fees have been paid, the secretary of state shall register the contract of partnership, or a certified copy, or the statement of a foreign partnership, in the Central Registry for Contracts of Partnership …
La. Rev. Stat. § 9:3406 Recorder of mortgages; filings
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§3406. Recorder of mortgages; filings A multiple original of the contract of partnership, or a copy certified by the secretary of state, and a copy of the certificate of registry, shall be filed for registry with the recorder of mortgages of the parish in which the partnership ma…
La. Rev. Stat. § 9:3407 Delivery in advance of effective date
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§3407. Delivery in advance of effective date Prior to its effective date, a contract of partnership or a statement of a foreign partnership may be delivered to the secretary of state for filing and registration on any specified month, day, year, and hour on or before the thirtiet…
La. Rev. Stat. § 9:3408 Filing within five days of execution; effect
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§3408. Filing within five days of execution; effect A contract of partnership or a statement of a foreign partnership filed for registry with the secretary of state within five days of execution, exclusive of legal holidays, is deemed filed for registry on the month, day, year, a…
La. Rev. Stat. § 9:3409 Annual report
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§3409. Annual report A. Each year on or before the anniversary date of registration with the secretary of state, any partner shall make and sign in the partnership name a report to the secretary of state, stating: (1) The municipal address, which shall not be a post office box on…
La. Rev. Stat. § 9:341 Restriction on visitation
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§341. Restriction on visitation A. Whenever the court finds by a preponderance of the evidence that a parent has subjected any of his or her children or stepchildren to family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, has subjected any oth…
La. Rev. Stat. § 9:3410 Filing and copying fees
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§3410. Filing and copying fees A. The secretary of state shall be paid fees as provided in R.S. 49:222 in advance, for the use and benefit of the state, by every registered partnership: (1) For filing a contract of partnership. (2) For certified copies. (3) For additional certifi…
La. Rev. Stat. § 9:342 Bond to secure child custody or visitation order
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§342. Bond to secure child custody or visitation order For good cause shown, a court may, on its own motion or upon the motion of any party, require the posting of a bond or other security by a party to insure compliance with a child visitation order and to indemnify the other pa…
La. Rev. Stat. § 9:3421 Foreign partnership; definition
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§3421. Foreign partnership; definition A foreign partnership is a partnership formed under the laws of any state of the United States, country, territory, possession, province, or commonwealth, other than the state of Louisiana. Added by Acts 1980, No. 152, §1, eff. Jan. 1, 1981.…
La. Rev. Stat. § 9:3422 Registration
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§3422. Registration A.(1) For a foreign partnership to enjoy the rights, privileges and juridical status of a Louisiana partnership, it must file for registry with the secretary of state in the Central Registry for Contracts of Partnership created by R.S. 9:3401 a statement conta…
La. Rev. Stat. § 9:3423 Ownership of immovable property; limitation of liability
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§3423. Ownership of immovable property; limitation of liability To own immovable property in this state or to have the limited liability of any partners of a limited partnership recognized, a foreign partnership must be registered in accordance with R.S. 9:3422. Added by Acts 198…
La. Rev. Stat. § 9:3424 Service of process
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§3424. Service of process A. A foreign partnership registered in accordance with R.S. 9:3422 and the general partner who certified the documents as required by R.S. 9:3422 consent to be served with process in this state through the designated agent for service of process for any …
La. Rev. Stat. § 9:3425 Effect of registry
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§3425. Effect of registry The organization, internal affairs, and liability of limited partners of a foreign partnership that is duly registered under this Chapter shall be governed by the laws of the state under which it is organized. A foreign partnership may not be denied regi…
La. Rev. Stat. § 9:3426 Amendment of statement
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§3426. Amendment of statement A foreign partnership duly registered under this Chapter shall amend its filings in this state to reflect changes in its certificate of partnership by complying with R.S. 9:3422(A). Until the registration form is filed for registry, such changes or a…
La. Rev. Stat. § 9:3427 Termination
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§3427. Termination A duly registered foreign partnership may terminate its registration by written notification to the secretary of state by a person who certifies that he is a partner of the partnership and has the authority to terminate the registration. The secretary of state …
La. Rev. Stat. § 9:3428 Annual report
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§3428. Annual report A. Each year on or before the anniversary date of registration with the secretary of state, a partner shall make and sign in the partnership name a report to the secretary of state, stating: (1) The municipal address of its principal place of business outside…
La. Rev. Stat. § 9:343 Return of child kept in violation of custody and visitation order
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§343. Return of child kept in violation of custody and visitation order A. Upon presentation of a certified copy of a custody and visitation rights order rendered by a court of this state, together with the sworn affidavit of the custodial parent, the judge, who shall have jurisd…
La. Rev. Stat. § 9:3431 Nature of partner's liability in ordinary partnership and in registered limited liability partnership
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§3431. Nature of partner's liability in ordinary partnership and in registered limited liability partnership A. Notwithstanding any other provisions of law to the contrary contained in Civil Code Article 2817, a partner in a registered limited liability partnership shall not be i…