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Louisiana Operating Agreement | LLC School
Louisiana LLC · Step 4 of 8 · Verified July 2026

Louisiana LLC Operating Agreement: Free Guide (2026)

R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records. This guide offers free national templates and a clause checklist.

Ahmad AdilWritten & verified by Ahmad Adil, LLC School · Updated June 2026
LA OPERATING AGREEMENT
Quick Answer

R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records. Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

Step 4 — Fast Facts
Required by Louisiana?
No
Filed with the state?
No — internal
Default voting rule
1 vote per member
Community property?
Yes — address it
Banks ask for it?
Usually yes
Cost (template)
$0

Why the Agreement Matters More in Louisiana

Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

  • One member, one vote — regardless of investment. Under La. R.S. 12:1318, if you contributed 80% of the capital and your partner contributed 20%, the default still gives you equal votes, and major decisions pass by majority. Only a written agreement changes that.
  • Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.
  • Civil-law framework. Louisiana contract and property concepts descend from the Napoleonic Code, not English common law. Generic 50-state templates sometimes use terminology that maps poorly — worth a Louisiana-aware template or review.
  • R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records. Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.

Build Your Clause Checklist

Louisiana Community-Property Clause Planner

3 questions · custom checklist with community-property provisions · educational, not legal advice

Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.

The Core Sections Every Louisiana Agreement Needs

1

Formation, purpose & registered agent

Name, approval date (your anniversary), principal office, agent details, and a broad purpose clause.

2

Ownership & contributions

Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

3

Voting — override R.S. 12:1318

Replace one-member-one-vote with voting by ownership percentage (or your custom scheme), and set thresholds for major decisions.

4

Profit & loss allocation

How profits split and when distributions happen — by percentage or a documented custom formula.

5

Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.

Right of first refusal, valuation method, and triggers: exit, death, disability — and divorce, with spousal consent provisions where members are married.

6

Dissolution & wind-down

What ends the company and how remaining assets are distributed under Louisiana law.

Plus: tax classification and representative, banking authority, indemnification, amendment procedure, and severability. Start from our free template in the national operating agreement guide and adapt the Louisiana provisions above.

The Community Property Provisions, Specifically

  • Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.
  • Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.
  • Separate any financial or marital-property interest from admission as a member and management authority. R.S. 12:1332 governs assignee admission; record the applicable consent and obtain advice for marital-property arrangements.
  • Economic-rights-only fallback: any involuntary transferee receives economic rights only — no voting, no management.

Single-Member LLCs: Still Worth 30 Minutes

For one owner, document ownership, authority and succession. Maintain separate company finances and records. Bank requirements vary; an agreement does not guarantee protection from personal liability.

Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

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Louisiana Agreement Rules and Defaults

Form and evidence

R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records.

State defaults and limits

Under R.S. 12:1318, the default is one vote per member and majority approval. Articles or a written operating agreement can change voting rules within subsection C’s protections for interested transactions. An ownership percentage alone does not replace the voting default.

Approval and amendments

R.S. 12:1318 reserves specified matters, including agreement amendments, to member approval by default, even when managers run the company. Articles or a written agreement may provide otherwise. Distinguish financial interests from admission as a member: §12:1332 separately governs assignees’ management and membership rights. Marriage or a financial interest alone should not be described as automatic management authority.

Customize the free national templates below for your company’s ownership, management, voting and exits. Bank requirements vary; an agreement does not guarantee personal-liability protection.

Louisiana agreement definitionLouisiana voting and amendment defaultsLouisiana assignee admission and management rights

Free Operating Agreement Downloads for Your Louisiana LLC

Choose the template that matches your LLC's ownership and management. These are LLC School's national master templates, also available in the core operating agreement guide. Customize the document for your company and Louisiana law before signing.

OA-01 · PDF

Single-Member

For one member who owns and generally controls the LLC.

Download single-member PDF
OA-02 · PDF

Multi-Member / Member-Managed

For multiple members who participate directly in company management.

Download member-managed PDF
OA-03 · PDF

Manager-Managed

For LLCs whose members delegate management authority to designated managers.

Download manager-managed PDF

Before signing: Fill the applicable blanks, remove clauses that do not fit, confirm ownership and management terms, and review state-specific limitations. Seek professional legal or tax advice for complex arrangements. Read the national template guidance.

Frequently Asked Questions

Louisiana LLC — FAQ

Is an operating agreement required for a Louisiana LLC?
R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records.
What is Louisiana’s default voting rule for LLCs?
One member, one vote — no matter how unequal the capital contributions — with most decisions passing by majority vote. If your ownership isn’t equal, your operating agreement must expressly replace this default with percentage-based voting or your own scheme.
How does community property affect a Louisiana LLC?
A financial or marital-property interest is distinct from admission as a member and management authority. Apply R.S. 12:1332 and the company’s Articles or written agreement; obtain advice for your marital-property facts.
Does a single-member Louisiana LLC need an operating agreement?
R.S. 12:1301(16) recognizes written or oral member agreements. For a single-member LLC, the definition specifies a written agreement between the member and company. Keep the actual adopted terms with company records. For one owner, record authority and succession; bank policies vary and the agreement does not guarantee personal-liability protection.
Do I file my operating agreement with the Louisiana Secretary of State?
No. It’s an internal contract. Keep signed copies with your records, give one to each member (and consenting spouse), and provide it to your bank, lenders, or investors on request.
Can I use a generic template for a Louisiana operating agreement?
As a starting point, yes — but Louisiana is a civil-law, community-property state, so generic 50-state templates miss the provisions that matter most here. Add percentage voting, spousal acknowledgments, and a divorce trigger; have an attorney review anything with real assets or unequal deals.
Can we amend our Louisiana operating agreement later?
Yes — follow the amendment procedure the agreement sets (commonly supermajority or unanimous consent), in writing, signed and dated. New spousal acknowledgments should accompany amendments that change transfer or buyout terms.
Ahmad Adil, founder of LLC School
About the Author
Ahmad Adil

Ahmad Adil is the founder and CEO of LLC School. For agreement terms and member responsibilities, consult the state LLC statute and a qualified adviser. See the national operating agreement guide. This is educational information, not legal or tax advice.

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