Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:3432 Registered limited liability partnerships
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§3432. Registered limited liability partnerships A. To become a registered limited liability partnership, a partnership shall file with the secretary of state an application stating the name of the partnership, the address of its principal office, the number of partners, and a br…
La. Rev. Stat. § 9:3433 Name of registered limited liability partnership
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§3433. Name of registered limited liability partnership A. A registered limited liability partnership's name shall contain the words "registered limited liability partnership" or the abbreviation "L.L.P." as the last words or letters of its name. B. If the secretary of state rece…
La. Rev. Stat. § 9:3434 Restrictions on distributions
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§3434. Restrictions on distributions A partner that is not liable under R.S. 9:3431(A) shall not be individually liable for the return of a distribution from the partnership to satisfy the liabilities and obligations described in said Subsection A except to the extent that the pa…
La. Rev. Stat. § 9:3435 Provisions applicable to registered limited liability partnerships
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§3435. Provisions applicable to registered limited liability partnerships A registered limited liability partnership is a partnership as defined in Article 2801 of the Civil Code, and the provisions of Title XI of Book III of the Civil Code apply to registered limited liability p…
La. Rev. Stat. § 9:344 Visitation rights of grandparents and siblings
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§344. Visitation rights of grandparents and siblings A. If one of the parties to a marriage dies, is interdicted, or incarcerated, and there is a minor child or children of such marriage, the parents of the deceased, interdicted, or incarcerated party without custody of such mino…
La. Rev. Stat. § 9:3441 Terms defined
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§3441. Terms defined As used in this Chapter, unless the context requires otherwise: (1) "Constituent entity" means each entity that is a party to a merger or consolidation under this Chapter. (2) "New entity" means the entity into which constituent entities consolidate, as ident…
La. Rev. Stat. § 9:3442 Merger or consolidation
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§3442. Merger or consolidation Any one or more domestic partnerships or partnerships in commendam may merge or consolidate with or into a domestic business or nonprofit corporation, limited liability company, partnership, or partnership in commendam. Any one or more domestic limi…
La. Rev. Stat. § 9:3443 Agreement of merger or consolidation
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§3443. Agreement of merger or consolidation Each constituent entity shall enter into a written agreement of merger or consolidation. The agreement shall state: (1) The name and state or country of organization of each partnership, partnership in commendam, corporation, or limited…
La. Rev. Stat. § 9:3444 Approval of merger or consolidation
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§3444. Approval of merger or consolidation A. The agreement required by R.S. 9:3443 shall be authorized and approved in the manner provided by this Section: (1) A domestic partnership party to a proposed merger or consolidation shall have the agreement of merger or consolidation …
La. Rev. Stat. § 9:3445 Certificate of merger or consolidation
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§3445. Certificate of merger or consolidation A. After an agreement of merger or consolidation has been authorized, approved, and certified in accordance with R.S. 9:3444, the surviving or new entity shall file the agreement with the secretary of state or, in lieu thereof, the su…
La. Rev. Stat. § 9:3446 Effects of merger or consolidation
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§3446. Effects of merger or consolidation A. Consummation of a merger or consolidation has the effects provided in this Section: (1) The constituent entities party to the agreement of merger or consolidation shall be a single entity which, in the case of a merger, shall be the en…
La. Rev. Stat. § 9:3447 Merger or consolidation with foreign entity
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§3447. Merger or consolidation with foreign entity A. Any one or more domestic partnerships or partnerships in commendam may merge or consolidate with or into a foreign partnership, limited partnership, limited liability company, or corporation, and any one or more foreign partne…
La. Rev. Stat. § 9:345 Appointment of attorney in child custody or visitation proceedings
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§345. Appointment of attorney in child custody or visitation proceedings A. In any child custody or visitation proceeding, the court, upon its own motion, upon motion of any parent or party, or upon motion of the child, may appoint an attorney to represent the child if, after a c…
La. Rev. Stat. § 9:346 Action for failure to exercise or to allow visitation, custody or time rights pursuant to court-ordered schedule; judgment and awards
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§346. Action for failure to exercise or to allow visitation, custody or time rights pursuant to court-ordered schedule; judgment and awards A. An action for the failure to exercise or to allow child visitation, custody or time rights pursuant to the terms of a court-ordered sched…
La. Rev. Stat. § 9:347 Repealed by Acts 2008, No
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§347. Repealed by Acts 2008, No. 671, §3.
La. Rev. Stat. § 9:348 Loss of visitation due to military service; compensatory visitation
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§348. Loss of visitation due to military service; compensatory visitation A. As used in this Section, "active duty" shall mean a military service member under any of the following conditions: (1) A service member on active duty pursuant to an executive order of the president of t…
La. Rev. Stat. § 9:3500 Rates of legal and conventional interest; usury
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§3500. Rates of legal and conventional interest; usury A. Interest is either legal or conventional. B. Legal interest is fixed at the following rates, to wit: (1) At the rate fixed in R.S. 13:4202 on all sums which are the object of a judicial demand, whence this is called judici…
La. Rev. Stat. § 9:3501 Forfeiture of interest
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§3501. Forfeiture of interest Any contract for the payment of interest in excess of that authorized by law shall result in the forfeiture of the entire interest so contracted.
La. Rev. Stat. § 9:3502 Statement of policy
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§3502. Statement of policy It is declared to be the public policy of this state to encourage the free flow of money into Louisiana; to allow this state to compete in the national money market; to promote and stimulate residential construction and to allow those retirement systems…
La. Rev. Stat. § 9:3503 Maximum rate of conventional interest on certain loans
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§3503. Maximum rate of conventional interest on certain loans Unless otherwise provided, the amount of simple conventional interest on obligations bearing interest from date and secured in whole or in part, directly or indirectly, by a mortgage on immovable property, shall not ex…
La. Rev. Stat. § 9:3504 Certain types of transactions exempt from the application of the laws on usury and interest upon interest; adjustable rate mortgage loan
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§3504. Certain types of transactions exempt from the application of the laws on usury and interest upon interest; adjustable rate mortgage loan A. Notwithstanding any other law to the contrary, particularly but not exclusively R.S. 9:3500, an obligation secured directly or indire…
La. Rev. Stat. § 9:3505 Items or charges not considered interest
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§3505. Items or charges not considered interest Notwithstanding any other law to the contrary, particularly but not exclusively R.S. 9:3500, and in addition to those fees, charges, costs and expenses ordinarily not considered interest and not included in the calculation of intere…
La. Rev. Stat. § 9:3506 Application
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§3506. Application The provisions of R.S. 9:3502-9:3506 shall apply only to conventional obligations bearing simple interest from date on the unpaid balance and shall not apply to or affect precomputed interest or discount loans; nor shall it affect the enforceability or collecti…
La. Rev. Stat. § 9:3506.1 Time for accrual of interest; penalties
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§3506.1. Time for accrual of interest; penalties A. Notwithstanding the provisions of R.S. 9:3506 or any other law to the contrary, interest on the principal obligation of a promissory note, evidencing a closed-end loan secured by a mortgage on immovable property, including any i…
La. Rev. Stat. § 9:3506.2 REPEALED BY ACTS 1993, NO
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§3506.2. REPEALED BY ACTS 1993, NO. 458, §2, EFF. JULY 1, 1993.
La. Rev. Stat. § 9:3507 Maximum interest rate on assessments for public improvements on benefited properties
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§3507. Maximum interest rate on assessments for public improvements on benefited properties A. It is the intent and purpose of the legislature in enacting this law to authorize governing bodies of political subdivisions, as herein defined, to provide that local or special assessm…
La. Rev. Stat. § 9:3508 Federal Housing Administration insured obligations; interest clause; enforceability
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§3508. Federal Housing Administration insured obligations; interest clause; enforceability A clause requiring the payment of interest in any obligation secured directly or indirectly, in whole or in part, by a mortgage on immovable property insured by the Federal Housing Administ…
La. Rev. Stat. § 9:3509 Rate of interest paid for commercial, business, or agricultural loans; rate upon default
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§3509. Rate of interest paid for commercial, business, or agricultural loans; rate upon default A. Notwithstanding any other provisions of the law of this state to the contrary, any debtor that is a domestic corporation, a limited liability company formed pursuant to the laws of …
La. Rev. Stat. § 9:3509.1 Adjustable rate loans for commercial, business, or agricultural purposes
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§3509.1. Adjustable rate loans for commercial, business, or agricultural purposes A. Notwithstanding any other provisions of law to the contrary, any person borrowing funds for commercial, business, or agricultural purposes, or deferring payment of an obligation for commercial, b…
La. Rev. Stat. § 9:3509.2 Interest upon accrued interest; exceptions
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§3509.2. Interest upon accrued interest; exceptions The general prohibition against the recovery of interest upon accrued interest, as expressed in Civil Code Article 2001, is subject to the following exceptions: (1) As provided by the Louisiana Consumer Credit Law, or as specifi…
La. Rev. Stat. § 9:3509.3 Prepayment of loan
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§3509.3. Prepayment of loan In the absence of federal law, rules and regulations of federal agencies, and contractual provisions by the parties to the contrary, including provisions relative to the terms and conditions of prepayment, the debtor in any loan may prepay in full at a…
La. Rev. Stat. § 9:3509.4 Deferment of loan payments during declared disaster
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§3509.4. Deferment of loan payments during declared disaster Notwithstanding any other provision of law to the contrary, when the governor declares a state of disaster or emergency pursuant to R.S. 29:721 et seq., and the federal financial regulatory bodies issue guidelines to fi…
La. Rev. Stat. § 9:351 Access to records of child
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§351. Access to records of child Notwithstanding any provision of law to the contrary, access to records and information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to a parent solely because he is not the chi…
La. Rev. Stat. § 9:3510 Short title
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§3510. Short title This chapter shall be known and may be cited as the Louisiana Consumer Credit Law. Added by Acts 1972, No. 454, §1, eff. Jan. 1, 1973.
La. Rev. Stat. § 9:3511 Scope
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§3511. Scope A. Subject to the provisions of R.S. 9:3511(B), the parties to a consumer credit transaction may agree that the law of the place wherein the consumer credit transaction was entered into or the law of the residence of the buyer or debtor shall apply. For the purposes …
La. Rev. Stat. § 9:3512 Exclusions
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§3512. Exclusions This law does not apply to: (1) Extensions of credit to organizations, including government or governmental agencies or instrumentalities. (2) The sale of insurance by an insurer, except as otherwise provided in the part on insurance; however, this law shall app…
La. Rev. Stat. § 9:3513 Waiver, agreement to forego rights
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§3513. Waiver, agreement to forego rights A consumer may not waive or agree to forego rights or benefits under this chapter except that a claim, if disputed in good faith, may be settled by compromise or agreement. Added by Acts 1972, No. 454, §1, eff. Jan. 1, 1973.
La. Rev. Stat. § 9:3514 Agreement to contract; disclosures of the contract
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§3514. Agreement to contract; disclosures of the contract A. The parties to a transaction other than a consumer credit transaction may contract with one another that such transaction shall be subject to the provisions of this Chapter, in which event the transaction shall be a con…
La. Rev. Stat. § 9:3515 Conduct of certain business other than making consumer loans prohibited
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§3515. Conduct of certain business other than making consumer loans prohibited A.(1)(a) A licensed lender shall not engage in the business of making sales of goods at any location where consumer loans are made. The sale and financing of a home protection plan, thrift and buying c…
La. Rev. Stat. § 9:3516 Definitions
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§3516. Definitions (1) "Affiliate", as used in this Chapter, means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. (2) "Agricultural purpose" means a purpose rel…
La. Rev. Stat. § 9:3517 Terms; construction; additional fees and charges
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§3517. Terms; construction; additional fees and charges A. Wherever applicable in this Chapter, use of the masculine includes the feminine and use of the plural includes the singular and vice versa. B. As a general rule of construction, persons may look to comparable rules, defin…
La. Rev. Stat. § 9:3518 Construction against implicit repeal
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§3518. Construction against implicit repeal This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed impliedly repealed by subsequent legislation if such construction can reasonably be avoided. Added by Acts 1972, No. 45…
La. Rev. Stat. § 9:3518.1 Records of the Office of Financial Institutions
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§3518.1. Records of the Office of Financial Institutions A. Except as otherwise provided, all records of the office of financial institutions shall be kept strictly confidential within the office, and such records and reports shall not be subject to subpoena or other legal proces…
La. Rev. Stat. § 9:3518.2 Credit cards; unsolicited delivery or mailing prohibited; penalty
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§3518.2. Credit cards; unsolicited delivery or mailing prohibited; penalty A. As used in this Section, "credit card" means any credit card as defined in R.S. 9:3516(15) and any other document or device intended or adopted for the purpose of establishing the identity and credit of…
La. Rev. Stat. § 9:3518.3 Credit cards; printing of accounting numbers on sales receipts; liability
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§3518.3. Credit cards; printing of accounting numbers on sales receipts; liability A. As used in this Section, the following terms shall have the following meanings: (1) "Cardholder" means the person named on the face of a credit card to whom or for whose benefit the credit card …
La. Rev. Stat. § 9:3518.4 Contract validity; consumer credit transactions; deferred presentment transactions
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§3518.4. Contract validity; consumer credit transactions; deferred presentment transactions A.(1) A consumer credit transaction as defined by R.S. 9:3516(13) or deferred presentment transaction as defined by R.S. 9:3578.3(2) shall be null, void, unenforceable, and uncollectible a…
La. Rev. Stat. § 9:3519 Consumer loans
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§3519. Consumer loans A. The maximum loan finance charge for any consumer loan other than one made with a lender credit card that may be charged, contracted for or received by a licensed lender or supervised financial organization may equal but not exceed: (a) Thirty-six percent …
La. Rev. Stat. § 9:352 §§352 to 356 [Blank]
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§352. §§352 to 356 [Blank].
La. Rev. Stat. § 9:3520 Consumer credit sale
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§3520. Consumer credit sale A. Except as otherwise provided by R.S. 9:3521, the maximum credit service charge for any consumer credit sale other than one made pursuant to a revolving charge account, may not exceed the equivalent of the greater of any of the following: (1) the tot…
La. Rev. Stat. § 9:3521 Maximum charges after negotiations
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§3521. Maximum charges after negotiations A. The obligation arising out of any consumer credit sale, including a revolving charge account, may be evidenced by a written agreement which may provide for a credit service charge not in excess of the maximum loan finance charge which …