Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:377.15 Confidentiality of collaborative family law communication
0.3K chars
§377.15. Confidentiality of collaborative family law communication A collaborative family law communication is confidential to the extent agreed by the parties in a signed record or as provided by the laws of this state other than this Part. Acts 2024, No. 98, §1.
La. Rev. Stat. § 9:377.16 Privilege against disclosure for collaborative family law communication;
0.9K chars
§377.16. Privilege against disclosure for collaborative family law communication; admissibility; discovery A. Subject to R.S. 9:377.17 and 377.18, a collaborative family law communication is privileged in accordance with Subsection B of this Section, is not subject to discovery, …
La. Rev. Stat. § 9:377.17 Waiver and preclusion of privilege
0.7K chars
§377.17. Waiver and preclusion of privilege A. A privilege in accordance with R.S. 9:377.16 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by…
La. Rev. Stat. § 9:377.18 Limits of privilege
2.9K chars
§377.18. Limits of privilege A. There is no privilege in accordance with R.S. 9:377.16 for a collaborative family law communication that is any of the following: (1) Available to the public in accordance with R.S. 44:1 et seq. or made during a session of a collaborative family la…
La. Rev. Stat. § 9:377.19 Authority of tribunal in case of noncompliance
1.0K chars
§377.19. Authority of tribunal in case of noncompliance A. If an agreement fails to meet the requirements of R.S. 9:377.4, or if a lawyer fails to comply with R.S. 9:377.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative family law partici…
La. Rev. Stat. § 9:377.2 Definitions
3.8K chars
§377.2. Definitions In this Part, the following terms have the following meanings: (1) "Collaborative family law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) Is made to conduct, participate in, continue, or reconvene a collabora…
La. Rev. Stat. § 9:377.3 Applicability
0.2K chars
§377.3. Applicability This Part applies to a collaborative family law participation agreement that meets the requirements of R.S. 9:377.4 and that is signed on or after August 1, 2024. Acts 2024, No. 98, §1.
La. Rev. Stat. § 9:377.4 Collaborative family law participation agreement; requirements
0.9K chars
§377.4. Collaborative family law participation agreement; requirements A. A collaborative family law participation agreement is a voluntary, contractually based alternative dispute resolution process that shall: (1) Be in a record. (2) Be signed by the parties. (3) State the part…
La. Rev. Stat. § 9:377.5 Beginning and concluding collaborative family law process
2.8K chars
§377.5. Beginning and concluding collaborative family law process A. A collaborative family law process begins when the parties sign a collaborative law participation agreement. B. A tribunal shall not order a party to participate in a collaborative family law process over that p…
La. Rev. Stat. § 9:377.6 Proceedings pending before tribunal; status report
1.7K chars
§377.6. Proceedings pending before tribunal; status report A. Persons in a proceeding pending before a tribunal may sign a collaborative family law participation agreement to seek to resolve a collaborative family law matter related to the proceeding. The parties shall file promp…
La. Rev. Stat. § 9:377.7 Emergency order
0.3K chars
§377.7. Emergency order During a collaborative family law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party, or of a family member or household member as those terms are defined in R.S. 46:2132. Acts 2024, No. 98, §1.
La. Rev. Stat. § 9:377.8 Approval of agreement by tribunal
0.2K chars
§377.8. Approval of agreement by tribunal A tribunal may approve an agreement resulting from a collaborative family law process. Acts 2024, No. 98, §1.
La. Rev. Stat. § 9:377.9 Disqualification of collaborative lawyer and lawyers in associated law firm
1.6K chars
§377.9. Disqualification of collaborative lawyer and lawyers in associated law firm A. Except as otherwise provided in Subsection C of this Section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collabo…
La. Rev. Stat. § 9:3801 Definitions
1.0K chars
§3801. Definitions For the purposes of this Chapter, unless the context or subject matter otherwise requires: (1) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking. (2) "Fiduciary" includes a trustee under any t…
La. Rev. Stat. § 9:3802 Payment or transfer to fiduciary; responsibility for proper application
0.5K chars
§3802. Payment or transfer to fiduciary; responsibility for proper application A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by th…
La. Rev. Stat. § 9:3803 Repealed by Acts 1960, No
0.0K chars
§3803. Repealed by Acts 1960, No. 444, §2
La. Rev. Stat. § 9:3804 Endorsement of negotiable instrument; duty and liability of endorsee
1.2K chars
§3804. Endorsement of negotiable instrument; duty and liability of endorsee If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to his principal is endorsed by a fiduciary empowe…
La. Rev. Stat. § 9:3805 Payee of check or bill of exchange; duties and liability
1.2K chars
§3805. Payee of check or bill of exchange; duties and liability If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire wh…
La. Rev. Stat. § 9:3806 Check or bill of exchange payable to, or transferred to, fiduciary; duties and liability of transferee
0.9K chars
§3806. Check or bill of exchange payable to, or transferred to, fiduciary; duties and liability of transferee If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his …
La. Rev. Stat. § 9:3807 Bank paying check; liability of
0.9K chars
§3807. Bank paying check; liability of If a deposit is made in a bank to the credit of the fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof, upon the check of the fiduciary, signed with the name in which such deposit is entered, witho…
La. Rev. Stat. § 9:3808 Check upon principal's account; liability of bank paying
0.8K chars
§3808. Check upon principal's account; liability of bank paying If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account the bank is authorized to pay any such check without being liable to the pri…
La. Rev. Stat. § 9:3809 Deposit by fiduciary to his personal credit; duties and liabilities of bank
1.2K chars
§3809. Deposit by fiduciary to his personal credit; duties and liabilities of bank If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary or of checks payable to him as fiduciary, or of checks drawn by h…
La. Rev. Stat. § 9:381 Actions pending on effective date of divorce revision act; law governing
0.5K chars
§381. Actions pending on effective date of divorce revision act; law governing This Act* does not apply to actions for separation from bed and board or divorce or actions for incidental relief commenced before January 1, 1991, or to reconventional demands thereto, whenever filed.…
La. Rev. Stat. § 9:3810 Check upon deposit in name of two or more trustees; duties of bank and holder
0.6K chars
§3810. Check upon deposit in name of two or more trustees; duties of bank and holder When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account, by any trustee or trustees, authorized by the other trustee or trustee…
La. Rev. Stat. § 9:3811 Transactions prior to January 1, 1925
0.1K chars
§3811. Transactions prior to January 1, 1925 The provisions of this Chapter shall not apply to transactions taking place prior to January 1, 1925.
La. Rev. Stat. § 9:3812 Cases not provided for; rules applicable
0.3K chars
§3812. Cases not provided for; rules applicable In any case not provided for in this Chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.
La. Rev. Stat. § 9:3813 Uniform construction
0.2K chars
§3813. Uniform construction This Chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
La. Rev. Stat. § 9:3814 Short title
0.1K chars
§3814. Short title This Chapter may be cited as the Uniform Fiduciaries Law.
La. Rev. Stat. § 9:382 Present effect of judgment of separation from bed and board
0.9K chars
§382. Present effect of judgment of separation from bed and board A judgment of separation from bed and board or divorce rendered before January 1, 1998, or a judgment rendered in an action governed by R.S. 9:381, shall have the same effect that it had prior to January 1, 1998. T…
La. Rev. Stat. § 9:383 Judgment of divorce after judgment of separation
0.8K chars
§383. Judgment of divorce after judgment of separation A. Any person who is judicially separated before January 1, 1991, may obtain a judgment of divorce if there has been no reconciliation between the spouses for a period of six months or more from the date the judgment of separ…
La. Rev. Stat. § 9:3831 Definitions
1.7K chars
§3831. Definitions In this Chapter, unless the context otherwise requires: (1) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer; (2) "Claim of beneficial interest" includes a claim of any interest …
La. Rev. Stat. § 9:3832 Registration in the name of a fiduciary
0.6K chars
§3832. Registration in the name of a fiduciary A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relation…
La. Rev. Stat. § 9:3833 Assignment by a fiduciary
0.9K chars
§3833. Assignment by a fiduciary Except as otherwise provided in this Chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary (1) may assume without inquiry that the assignment, even though to the fiduciary himself or to h…
La. Rev. Stat. § 9:3834 Evidence of appointment or incumbency
1.2K chars
§3834. Evidence of appointment or incumbency A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (1) In the case of a fiduciary appointed or qu…
La. Rev. Stat. § 9:3835 Adverse claims
1.3K chars
§3835. Adverse claims A. A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice…
La. Rev. Stat. § 9:3836 Non-liability of corporation and transfer agent
0.2K chars
§3836. Non-liability of corporation and transfer agent A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this Chapter. Added by Acts 1960, No. 444, §1.
La. Rev. Stat. § 9:3837 Non-liability of third persons
1.0K chars
§3837. Non-liability of third persons A. No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary d…
La. Rev. Stat. § 9:3838 Territorial application
0.7K chars
§3838. Territorial application A. The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under w…
La. Rev. Stat. § 9:3839 Tax obligations
0.2K chars
§3839. Tax obligations This Chapter does not affect any obligation of a corporation or transfer agent with respect to taxes imposed by the laws of Louisiana. Added by Acts 1960, No. 444, §1; Acts 2010, No. 175, §2.
La. Rev. Stat. § 9:384 Effect of reconciliation on community
1.3K chars
§384. Effect of reconciliation on community A. If spouses who were judicially separated by a judgment signed before January 1, 1991, or by a judgment rendered in an action governed by R.S. 9:381, reconcile after September 6, 1985, their community of acquets and gains shall be ree…
La. Rev. Stat. § 9:3840 Uniformity of interpretation; short title
0.3K chars
§3840. Uniformity of interpretation; short title This Chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it, and it may be cited as the Uniform Law for Simplification of Fiduciary Security Transfers. Added by Act…
La. Rev. Stat. § 9:385 Actions pending on effective date of child custody and support revision act; law governing
0.5K chars
§385. Actions pending on effective date of child custody and support revision act; law governing Acts 1993, No. 261 does not apply to actions for separation from bed and board or divorce or actions for incidental relief commenced before January 1, 1994, or to reconventional deman…
La. Rev. Stat. § 9:3850 Express mandate between spouses; revocation
0.3K chars
§3850. Express mandate between spouses; revocation An express mandate from one spouse to another authorizing transactions with a specified creditor may be revoked only by delivery of written revocation to the creditor. Added by Acts 1978, No. 511, §1.
La. Rev. Stat. § 9:3851 Who may file; petition contents; service; venue
2.0K chars
§3851. Who may file; petition contents; service; venue A. When a principal is a natural person for whom a curator with appropriate authority has not qualified, any of the following persons may petition a court on behalf of the principal to review the acts of the principal's manda…
La. Rev. Stat. § 9:3852 Dismissal upon motion to dismiss filed by the principal
0.6K chars
§3852. Dismissal upon motion to dismiss filed by the principal A. If the principal files a motion to dismiss the action, the principal shall testify in person at the hearing on the motion or, with the agreement of the parties or for good cause shown, by visual remote technology o…
La. Rev. Stat. § 9:3853 Substitution
0.2K chars
§3853. Substitution Upon the interdiction or death of the principal, the court shall allow a curator with appropriate authority or the principal's legal successor to be substituted for the plaintiff. Acts 2014, No. 356, §1.
La. Rev. Stat. § 9:3854 Relief
2.3K chars
§3854. Relief A. If the court finds that a mandatary has violated a duty or failed to perform any obligation as a mandatary, the court may: (1) Grant any relief to which the principal is entitled. (2) Enjoin the mandatary from exercising all or some of the powers granted by the m…
La. Rev. Stat. § 9:3855 Payment of costs and attorney fees
0.3K chars
§3855. Payment of costs and attorney fees The court may render judgment for costs and attorney fees, or any part thereof, against any party. Nevertheless, costs or attorney fees shall not be awarded to a petitioner when the petition is dismissed on the merits. Acts 2014, No. 356,…
La. Rev. Stat. § 9:3856 Applicability
0.4K chars
§3856. Applicability A. This Chapter applies to a procuration and a representative in the same manner as it applies to a mandate and a mandatary, respectively, and allows an action against a representative for violating any duty or failing to fulfill any obligation in the procura…
La. Rev. Stat. § 9:386 Actions pending on effective date of spousal support revision act; law governing
0.4K chars
§386. Actions pending on effective date of spousal support revision act; law governing Acts 1997, No. 1078 does not apply to actions for separation from bed and board or divorce or actions for incidental relief commenced before January 1, 1998, or to reconventional demands theret…