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WELCOMEThe responsibilities of this section include services rendered in response to statutory provisions and upon the requests of state agencies, the Governor, state and federal courts, the Legislature, industry, municipalities and their officials, and the general public. Please select from the following: ADMINISTRATIVE SERVICES
LEGAL SERVICES
PUBLICATIONS AND FEES FREQUENTLY ASKED QUESTIONS
CONTACT INFORMATION Louisiana Secretary of State The Administrative and Legal Services Division is located behind the Louisiana State Archives Building at 3851 Essen Lane. Our office is at at 8549 United Plaza Boulevard, Baton Rouge, LA 70809. Click HERE for a map. LEGAL SERVICESSERVICE OF PROCESS (R.S. 13:3471-3485; R.S. 13:3201-3207; R.S.3421-3427; R.S. 22:985; R.S. 51:911.33; ARTICLE 1262 OF CIVIL CODE OF PROCEDURE) The Department of State is designated as the agent for service of process on all foreign and alien insurance companies, foreign corporations not registered with the Department of State, foreign and domestic corporations after diligent effort, mobile home manufacturers, and out-of-state motorists involved in suits growing out of automobile accidents on Louisiana highways and watercrafts operating in Louisiana waters. The Legal Services Section checks, prepares and processes suits for mailing and maintains files in connection with the suits. This section also maintains a file on the addresses of insurance companies for service. After processing, the suits are mailed by certified or registered mail, return receipt requested. The services rendered to the public will be coordinated to meet the time elements prescribed by law. Service of Process requires a fifteen day response to the law suits sent from the Legal Services Section. This function is carried out on a daily basis in order not to penalize those being served. We DO NOT accept service on any other state agency, board, etc., or a Louisiana resident. For service on the State of Louisiana or another state agency, citation and petition may be obtained by citation and service on the Attorney General of Louisiana and on the department, board, commission or agency head. For suits filed against a political subdivision of the state or any of its departments, offices, boards, commissions, agencies or instrumentalities, citation and service may be obtained on any proper agent or agents designated by the local governing that filed their notice of service of process with the Secretary of State's office. If no agent is filed with the Secretary of State, service may be obtained on the district attorney, parish attorney or city attorney. For further information, please refer to Louisiana Revised Statute 13:5107. Louisiana Revised Statute 13:3472 allows the Secretary of State to designate someone on his behalf to accept service of process. The supervisor of the Legal Services Section at 8549 United Plaza Boulevard, Baton Rouge, Louisiana 70809 is the ONLY appointed designee by the Secretary of State. Service on any other employee of the Secretary of State's office is IMPROPER. HOW TO FILE THROUGH THE SECRETARY OF STATE In Louisiana State Court The citation must state " (Defendant's Name) through the Louisiana Secretary of State." Service of process filed in any Louisiana state court cannot be mailed directly to the Secretary of State. To effect proper service, service must be sent to the Sheriff of East Baton Rouge Parish along with a service fee of $25.00 per service made payable to the Secretary of State. Should the service of process be exempt from paying any fees (such as pauper cases or small claims), an affidavit must be attached. The address for the East Baton Rouge Sheriff's Office is Post Office Box 3277, Baton Rouge, Louisiana 70821, telephone (225) 389-4824. There is also a service fee to the Sheriff of East Baton Rouge Parish.
In United States District Court Service of process filed in any United States District Court can be either personal service or mailed directly to Legal Services Section, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125. Should the service of process be exempt from paying any fees, an affidavit must be attached. If a stamped return of the summons is requested, please provide a self-addressed stamped envelope. A service fee of $25.00 per service made payable to the Secretary of State must be attached. In Louisiana Office of Workers' Compensation Court Service of process filed in any Louisiana Office of Workers' Compensation Court must be forwarded to this office only by the Office of service made payable to the Secretary of State. Should the service of process be exempt from paying any fees, such as pauper cases, an affidavit must be attached. A service fee of $25.00 per service made payable to the Secretary of State must be attached. HOW TO SEARCH FOR SERVICE OF PROCESS RECORDS Go to the Service of Process Database and enter the suit number to seach for data on file. Information will be returned if the Secretary of State has received and accepted Service of Process documents on any out of state individual, insurance company, corporation, LLC, partnership or trade name. MINERAL LEASE (R.S. 30:112) Secretary of State is served by the lessor when the address that the lessee furnished is returned as undeliverable and no forwarding address is known (all subsequent papers are served on the Secretary of State). A service fee of $25.00 per service made payable to the Secretary of State must be attached. BUSINESS OPPORTUNITY (R.S. 51:1821-1823) Business opportunities is where a seller or agent solicits a business opportunity that exceeds $300 or more giving the buyer an opportunity to derive an income which is more than the cost of the business opportunity itself. Examples of a business opportunity are vending machines, display cases, currency operated amusement machines, etc. In accordance with the above provisions, 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 filing fee check made payable to the Secretary of State. Download the Business Opportunity Filing Form HERE. POLITICAL SUBDIVISIONS (R.S. 13:5107) Political subdivisions, boards, commissions, etc. of the State are to file their agent for service of process with the Secretary of State and pay a filing fee of $10.00. TAXICAB OWNERS (R.S. 45:200.8C) The Secretary of State is to be appointed as agent to receive service of process of owners of public carrier vehicles. The duly designated authority of each municipality and parish shall forward a list of the names and addresses of all owners of public carrier vehicles to be filed in the Legal Services Section. ADMINISTRATIVE SERVICESDISTRIBUTION OF PUBLICATIONS (R.S. 43:22 - SALES OF ACTS) Distributes Acts (official and newspaper), Revised Statutes of 1950, Corporation Laws, Calendars and Journals, Roster of Officials, Election Codes, Code of Governmental Ethics, Election Information, Election Returns, Facts on the State of Louisiana, etc. To order any of these publications, refer to our book distribution price list. PSYCHOLOGISTS (R. S. 37:2359) A copy of the certificate issued to psychologists from the State Board of Examiners of Psychology is placed on file in the Secretary of State's office. A copy of this certificate may be issued upon request. However, a copy of the psychologist directory can be obtained from Louisiana State Board of Examiners of Psychologists, 11853 Bricksome Avenue, Suite B, Baton Rouge, Louisiana 70816 or (225) 293-2238. PUBLIC OPINION POLLS (R.S. 14:325) Professional Poll Takers are required to file with the Secretary of State the name of the person, association, partnership or corporation engaged in the making of public opinion polls or sampling in the State of Louisiana; the current mailing address of the principal executive officer thereof and the year for which the registration is filed. It shall be signed by the principal executive officer. There is a $5.00 registration fee. This statute also provides that the registration be filed prior to beginning any such activity and annually thereafter no later than February 15 of each year. A registration form is available through this office by contacting Louisiana Secretary of State, Administrative Services, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125, telephone (225) 925-4704. UNCLASSIFIED EMPLOYEES AND PROFESSIONAL SERVICES (R.S. 39:10.1D AND 42:290A) Provides for the reporting of unclassified employees and employees retained or employed on a professional basis. These reports are available for public inspection. Reports dated through January, 2002, can be viewed at Archives Research Library at 3851 Essen Lane, Baton Rouge, Louisiana 70809, telephone (225) 922-1209. Files dated after January 2002 are available at the Department of Civil Service in Baton Rouge, telephone (225) 342-8297. DESCRIPTION OF PUBLICATIONSCalendars & Journals The Calendars and Journals are two separate books that explain each year's events of the Louisiana Legislative Sessions. The Calendars trace each bill and resolution of the House and Senate numerically through the Legislature, from the introduction and readings to the final voting and passing of each. The Journal records exactly what takes place in the Senate and House, beginning each day with roll call and marking of those present or absent, prayer, etc. and going on numerically through every Bill, Concurrent Resolution, and finally the call for adjournment at the end of each day. There is usually one (1) Calendar for the House and Senate, and two (2) Journals; one for the proceedings of the House and the other containing the proceedings of the Senate. Calendars and Journals are published two to three months after each session. The compilation and printing is handled by the House Speaker. Information can be obtained by contacting the Clerk of the House at (225) 342-7259. Newspaper Acts After each Session of the Legislature, the Acts are printed by the local newspaper. These are referred to as the "Newspaper Edition" of the Acts. They usually appear with an indexed sheet, about a month after each session of the legislature. The Newspaper edition is for temporary use until the bound volumes are available. Newspaper Acts are published about two to three months after each session. The Newspaper Acts normally come after the distribution of the calendars and journals. Bound Acts The Newspaper Edition of the Acts of the Legislative Sessions are later reprinted and bound into one or more volumes. These volumes may include Acts of previous Extra Sessions of the Legislature. Bound Acts are published about six to seven months after each session. The Bound Acts usually come after the distribution of the newspaper acts. Code of Government Ethics--Chapter 15 of Title 42 The Code of Governmental Ethics is mandated by the Louisiana Constitution for the elected officials and employees of this state and its political subdivisions. It details the powers, duties, responsibilities for the two ethic bodies: Commission on Ethics for Public Employees and Board of Ethics for Elected Officials. Corporation Laws (Including Trademark and Trade Name Laws, Partnership, Limited Liability Companies, and Limited Liability Partnerships) The Corporation Law book contains the laws pertaining to the forming, amending, and dissolving of domestic and nonprofit corporations, foreign corporations, partnerships, limited liability companies, limited liability partnerships, and the registering of trade names, trademarks and service marks. Election Code--Title 18 of the Louisiana Revised Statutes The Election Code includes Title 18 of the Louisiana Revised Statutes pertaining to the laws governing all aspects of elections. Effective 3/29/00, the Louisiana Revised Statutes can be viewed on-line at the Legislature's joint site. Go to http://www.legis.state.la.us/tsrs/search.htm to search. Elections Results The Election Results are the official tally of complete precinct-by-precinct returns from either the primary, general or presidential elections. It includes all the elections of all parish, statewide and presidential officials found on the ballot. It also includes the recapitulation of the election made from the parish returns by the Office of Secretary of State, as promulgated. Lawrason Act--R.S. 33:321-481 R.S. 33:321-481, commonly known as the Lawrason Act, are the laws governing the operation of the incorporated municipalities in this state. It explains how a municipality is considered a city, town or village. It covers the qualifications, duties, powers, and selection by either election or appointment, and the functions of each officer (mayor, board of aldermen, clerk, treasurer, marshal, mayor's court). It also details the levying and collection of taxes and expenditure of funds. Notary Public Law--R.S. 35:1-671 The Notary Public Law, R.S. 35:1-671 contains laws pertaining to becoming a notary public. Report of the Secretary of State This book is a report from the Secretary of State to the Governor of Louisiana including an itemized list of fees collected by the departments of the agency, the number of registered voters as reported by the Registrars of Voters of each parish, and a complete recapitulation of the results of the major elections held during each two-year period. This book is published biennially. Roster of Officials The Roster of Officials contains the names, addresses, and telephone numbers of every elected official including United States Senators and Members of Congress, Louisiana Senators and Representatives, members of the boards and commissions, and local, parish and statewide elected officials. It also contains pertinent information regarding terms of office, population figures and district maps. FREQUENTLY ASKED QUESTIONSWho 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, 8549 United Plaza, Baton Rouge Boulevard, 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 $15.00 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 get your blue book? Our blue book is called the Louisiana Roster of Officials. It includes the names and addresses of all Louisiana elected officials of the United States, state, parish and local levels. The appointed members of the boards and commissions are included. See our price list for the most recent edition. 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). When are the Calendars and Journals available? They are available about two to three months after each session. They are free if picked up from the 8549 United Plaza Boulevard office. However, if mailed, we must charge for UPS postage. Prices vary each year. How do I get the election code and elections returns? The Election Code, Election Returns books, and the Reports of the Secretary of State can be purchased from Administrative Services. See our price list for these publications. Visit our Elections Page at www.sos.louisiana.gov/elections/elections-index.htm for complete returns, plus schedules and other elections information. 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 do I get information on the state bird, flower, etc.? This information is available in our free Louisiana Facts brochure. You can request this brochure by either writing to the Secretary of State, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125 or call (225) 925-4704. Some of the same information is also available in the Louisiana Facts section of this web site. 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. |