reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1513 - Bid Proposal Advertisements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				For procurement activities which are not handled through State Central
				Purchasing, but which have been designated as set-asides by the agency, the
				agency shall clearly indicate in all advertisements relative to solicitation of
				bids or proposals that the purchase of goods or services. .has been set-aside
				for the exclusive participation of certified minority businesses under R.S.
				39:1951-1969 and R.S. 39:1981-1991. This notice shall appear in bold type as
				the heading of all such advertisements, and should be repeated within the main
				body of the advertisement. Notice of the minority set-aside nature of the
				contract which is contained solely in the body of the text shall not be
				sufficient.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1515 - Agency Receipt and Evaluation of Minority Set-Aside Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Agencies shall
				evaluate all reasonable bids for proposals received from certified
				minority-owned businesses in response to a set-aside advertisement. Bids or
				proposals received shall be evaluated in accordance with the terms of the
				invitation to bid or the request for proposals and normal purchasing standards.
				Bids from vendors who have not been certified in accordance with the procedures
				of Chapter 5 of this Part shall not be considered in response to a set-aside
				contract.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 15 - Designation and Setting-Aside of Procurement Activities for Minority-Owned Business Participation › Section III-1517 - Designation of a Minority Set-Aside Bid

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event there are three or more
				certified minority vendors in a specific category, and there is a reasonable
				expectation of receiving three or more bids, the bid may be designated as a
				set-aside for exclusive participation by certified minority-owned
				businesses.
B. The bid document
				must clearly specify that the bid is a set-aside by containing, in bold type,
				the following statement: this proposal has been designated as a minority-owned
				set-aside. To be eligible for award, bidders must be certified prior to award
				in accordance with Act 653 of the 1984 Legislative Session. If the bid is
				estimated to be in excess of $5,000, the agency must advertise in accordance
				with
				R.S.
				39:1594(C).
C. All advertisements for the bids must
				contain, in bold face type, the following statements in the heading: the
				commodity(ies) specified below has (have) been designated as a minority-owned
				set-aside and only those vendors certified prior to award shall be
				considered.
D. In the event there
				are not three or more certified minority vendors in a specific category, but
				the Office of Minority Business Enterprise certifies that there are not three
				such minority-owned businesses in Louisiana that are certified, nor are there
				three such minority-owned businesses which could be certified in the state of
				Louisiana, then the bid may be designated as a set-aside for the exclusive
				participation of certified minority-owned business as long as one certified
				minority vendor exists in the category being bid. The bid(s) received must
				conform with §1701. D and §1703. A relative to not exceeding 15 percent of what
				could have been obtained via open-market competition.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 17 - Criteria for Procurement of Goods and Services › Section III-1703 - Consulting Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Criteria for Requests for Proposal for Consulting Services under LAC
				19.III.Chapter 17. When the award for a contract for consulting services has
				been set-aside for minority-owned business participation, and at the time
				request for proposals are to be distributed, there are not at least three
				certified minority-owned businesses available to bid on the contract or class
				of contracts involved or the contract has not been set-aside in accordance with
				§1517. D of this Part and regulations, the award shall be made on the basis of
				open competitive bidding under the Louisiana Procurement Code.
B. Proposals submitted by certified
				minority-owned businesses shall be credited with such additional amounts as
				would amount to 10 percent of the maximum number of points which could be
				awarded to any single proposal under the criteria set forth in the request for
				proposals.
C. The maximum number of
				additional points specified above shall be awarded only where the certified
				minority-owned business is the prime contractor under the contract, and
				retaining and performing at least 51 percent of the dollar value of the work to
				be contracted.
D. For otherwise
				qualified proposals, where the certified minority-owned business participates
				in less than 51 percent of the total dollar value of work, the number of
				additional points to be credited shall be calculated by multiplying the maximum
				additional points by the dollar value percent participation of the
				minority-owned business.
E. In all
				cases, the state agency or educational institution actually making the award,
				either under open competitive bidding or under the set-aside provisions of this
				Title, may reject all proposals if it is determined based upon reasons provided
				in writing that such action is in the best interest of the state. One reason,
				but not the only reason, for rejection of all bids when the contract has been
				set-aside under the set-aside provisions of this Title, shall be if prices
				obtained exceeded more than 15 percent of what could have been obtained via
				open-market competition.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 17 - Criteria for Procurement of Goods and Services › Section III-1705 - Public Work Bids $200,000 or More

Current through Register Vol. 50, No. 6, June 20, 2024
A. Construction of Public Work ($200,000 or
				more). When a contract for the construction of public works in an amount of
				$200,000 or more is to be awarded by the Facility Planning and Control Section
				of the Division of Administration on the basis of competitive bidding, the
				award shall be made to a certified minority-owned business when the price bid
				by such as business is within 5 percent of the otherwise lowest responsive and
				responsible bidder whose bid meets the requirements and criteria set forth in
				the invitation to bid.
B. The award
				shall be made as above only where the certified minority-owned business is the
				prime contractor under the invitation to bid.
C. In the event that a minority-owned
				business is awarded a contract by bidding within the range as specified above,
				the minority-owned business shall adjust its bid to correspond to the bid of
				the otherwise lowest responsive and responsible bidder that would have been
				awarded the contract. In no case shall the adjustment be by more than 5
				percent.
D. In the event that there
				is no certified minority-owned business whose bid is within the range specified
				above, the award shall go to the otherwise lowest responsive and responsible
				bidder whose bid meets the requirements and criteria set forth in the
				invitation to bid, without regard to minority status.
E. Contracts awarded to minority-owned
				businesses pursuant to these rules shall not exceed 10 percent of the total
				dollar amount of the contracts awarded by Facility Planning and
				Control.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 17 - Criteria for Procurement of Goods and Services › Section III-1707 - Construction Bids under $200,000

Current through Register Vol. 50, No. 6, June 20, 2024
A. Construction of Public Works (under
				$200,000). The Facility Planning and Control Section of the Division of
				Administration shall set aside each fiscal year, for exclusive participation by
				minority-owned businesses, 10 percent of all contracts for the construction of
				public works less than $200,000 to be awarded by competitive bidding.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 19 - Noncertified Vendor Participation › Section III-1901 - Noncertified Vendor Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Agencies may include in their annual plans
				and may count towards attainment of their annual plan amounts any contracts for
				the above specified types of procurement activity with minority vendors who are
				not certified to participate in the minority set-aside program, but who are
				available to conduct business with the state, subject to submittal of a sworn
				affidavit which attests to the fact that the vendor does meet the definition of
				a minority business under the Act. For the purposes of this portion of the
				rules, completion of Part I, portions of Part II, and all or Part XIV of the
				Certification Resume (Form DA 3302) shall constitute the required sworn
				affidavit. Agencies may obtain copies of Form DA 3302 from State Central
				Purchasing for this purpose as needed.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 19 - Noncertified Vendor Participation › Section III-1903 - Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				responsibility of the individual agencies to ascertain the possibility of
				minority status of a vendor on any particular purchase, contract, or
				procurement activity handled directly by the agency. At the time the
				procurement activity is initiated within the agency, the purchasing agent/
				buyer should ensure that the vendor completes the above referenced sworn
				affidavit. Upon receipt of the sworn affidavit from the vendor, the agency
				shall submit the affidavit, plus any supporting documentation, to OMBE for
				review and approval by the director.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 19 - Noncertified Vendor Participation › Section III-1905 - Small Business Criteria Waived

Current through Register Vol. 50, No. 6, June 20, 2024
A. As with certified minority vendors, the
				commissioner of administration may waive the small business criteria
				requirements for a minority-owned business which meets all other criteria of
				the Act. The executive director of OMBE shall be responsible for securing
				approval from the commissioner of administration as necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 19 - Noncertified Vendor Participation › Section III-1907 - Annual Target Goals with Non-Certified Minority Vendor

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of notification of OMBE and
				the commissioner's approval of minority status for the vendor, the agency may
				count expenditures made under the affected contract towards the established
				annual target goals.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 19 - Noncertified Vendor Participation › Section III-1909 - Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Approval of minority status for a vendor under these provisions of the rules
				does not constitute certification of the vendor to participate in any set-aside
				award programs operated by the state under the Minority Business Enterprise
				Act, nor does it enable the affected vendor to obtain the minority preferences
				discussed under Chapter 19 of this Part. Certification as a minority vendor for
				set-aside purposes and for minority preferences can only be obtained via the
				procedures of Chapter 5, of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 21 - Reports › Section III-2101 - Quarterly Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				state agencies, boards, and commissions of the executive branch of state
				government shall submit to OMBE, on a quarterly basis, a Minority Business
				Report (Form DA 6202) illustrative of the minority business enterprise activity
				conducted by that agency during the previous quarter. The report must contain
				the signatures of both relevant department head and the preparer.
B. Quarterly reports are due in the Office of
				Minority Business Enterprise on the twentieth of the month following the end of
				the quarter being reported. Agencies may order supplies of Form DA 6202 from
				the Forms Management Office within the Division of Administration.
C. For the purposes of these rules, quarterly
				activity shall be reflective of the following time periods:
First Quarter
July 1-September 30
Second Quarter
October 1-December 31
Third Quarter
January 1-March 31
Fourth Quarter
April 1-June 30
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 21 - Reports › Section III-2103 - Annual Report to Legislature

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Not later than August 31 of each year, OMBE shall submit to the Governor and
				the legislature a cumulative annual report, detailing the progress being made
				throughout the state towards minority participation in the state's procurement
				activities.
B. This report shall
				contain, for each department, a detailed listing of minority participation by
				category of expenditure, including a comparison of actual activity to the
				established annual plan amounts. This data shall be collected from the
				quarterly reports submitted by the agencies, and the annual report shall
				clearly indicate that all data is as reported by the agencies
				themselves.
C. The annual report
				shall also contain a separate listing of those agencies that have not complied
				with the reporting requirements of these rules, and a listing of agencies in
				which minority participation in procurement activity is below 5
				percent.
D. The report shall
				contain a narrative description of activities undertaken by OMBE and/or other
				state agencies to encourage minority participation in the state's procurement
				activities, and an identification of barriers to full minority participation
				with suggested corrective measures.
E. OMBE shall also include performance
				indicators, reflecting the total number of certified minority vendors; the
				percentage increase or decrease in minority vendor certifications completed
				during the previous year; and such other data as might allow the legislature
				and the governor to assess the effectiveness of the minority set-aside program
				in achieving its intended goals.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 23 - Directory of Minority Businesses › Section III-2301 - Directory of Certified Minority Business Enterprises

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Minority Business
				Enterprises will compile, from the certification applications it processes, a
				directory of all minority business enterprises certified for participation in
				the set-aside program. In addition, the directory will include those minority
				vendors which have been certified for participation in federally funded
				projects.
B. The directory shall be
				updated at least semi-annually, based upon the information provided by minority
				vendors during the intervening period. The Office of Minority Business
				Enterprises may issue supplements to the directory on a more frequent basis, as
				needed.
C. One copy of the
				Minority-Owned Business Directory will be made available to each state agency
				and educational institution at no charge, and copies will be provided to the
				state library at no charge. Additional copies for state agency use and/or for
				use by the general public and other interested individuals will be available
				for purchase at a reasonable cost.
D. State agencies contracting directly with a
				purported minority business enterprise shall have the responsibility of
				insuring that the firm has been properly certified, or that a sworn affidavit
				as described in Chapter 19 of this Part has been obtained.
E. Information concerning the status of a
				firm as a minority business enterprise may be obtained by contacting the Office
				of Minority Business Enterprises during normal working hours (8 a.m. through 5
				p.m., Monday through Friday) at (225) 342-6491 (linc 421-6491). Callers should
				be prepared to fully identify the corporate name of the firms, as well as the
				principal officers and/or owner of the firms, when requesting telephone
				information from OMBE.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1951-1969 and R.S.
				  39:1981-1991.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 25 - Louisiana Competes Regional Economic Development Program-"Louisiana Competes Program" › Section III-2501 - Preamble and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A.
										The legislature recognizes the strong competition among states to attract new business and industry and to
										grow existing business and industry.
B. It is further recognized
										that different regions have different characteristics and attributes which are advantageous to specific
										sectors of the economy.
C. The legislature believes that local
										citizens working through regional economic development organizations ("REDO's") are uniquely positioned to
										support the state's overall economic development efforts by identifying and directing how certain resources
										are best utilized to take advantage of a region's distinctive economic potential.
D. The purpose of this program is therefore for the Department of Economic
										Development, ("LED") to provide grants to REDO's to provide locally developed and tailored services directly
										relating to attracting new business and industry and growing existing business and industry.
AUTHORITY NOTE: Promulgated
											  in accordance with R.S.
											  39:1481 et seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 25 - Louisiana Competes Regional Economic Development Program-"Louisiana Competes Program" › Section III-2503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Cooperative Endeavor Agreement-
that agreement between a
											  regional economic development organization and LED, through which the parties set forth the amount of the
											  grant, the terms, conditions and compliance requirements. Abbreviated as CEA.
Grant-
an award from the Louisiana Competes Economic
											  Development Program to a regional economic development organization.
LED-
the Louisiana Department of Economic
											  Development.
Louisiana Competes Program-
this program, the Louisiana
											  Competes Regional Economic Development Program
.
Other Property-
property that is not publicly owned, to
											  the extent allowable under Article VII, Section 14 of the Louisiana Constitution or other
											  applicable state law, as approved by LED and subject to
											  §2507.B 2
Public Site-
a site which a public entity owns.
Qualified Expenditure-
in accordance with
											  R.S.
											  39:1484, #2107 of these program rules, and as confirmed and approved by
											  LED.
Regional Economic Development Organization-
any of the
											  following eight organizations: the Baton Rouge Area Chamber; the Central Louisiana Economic Development
											  Alliance; Greater New Orleans, Inc.; the Northeast Louisiana Economic Alliance; the North Louisiana Economic
											  Partnership; One Acadiana; the South Central Planning and Development Commission; the Southwest Louisiana
											  Economic Development Alliance, or any of their successors. Abbreviated and also known as "REDO",
Secretary-
the Secretary of the Department of Economic
											  Development
Site-
immovable property, with or without improvements
											  thereon, located in the state.
AUTHORITY NOTE: Promulgated
											  in accordance with R.S.
											  39:1481 et seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 25 - Louisiana Competes Regional Economic Development Program-"Louisiana Competes Program" › Section III-2505 - Award Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary shall promulgate administrative rules for the program, in
										accordance with the Administrative Procedure Act and in consultation with the 8 enumerated REDO's and the
										Louisiana Chamber of Commerce Foundation.
B. Within thirty
										calendar days after adoption of program rules, the REDO's and the state, through LED, shall enter into an
										initial cooperative endeavor agreement ("CEA"), which will specify the objectives and intent of the REDO's,
										the amount of the award, the terms and conditions of the award and the compliance requirements to be
										confirmed by LED. REDO obligations shall be limited under the CEA to the following:
1. identifying high-priority sites for the purpose of attracting economic
										development projects;
2. developing high-priority sites for the
										purpose of attracting economic development projects;
3.
										developing and subsequently providing an annual report of all activities related to the objectives of the CEA
										undertaken in any previous year;
4. maintaining records and an
										accurate accounting of all expenditures;
5. adhering to state and
										federal non-discrimination laws;
6. adhering to the provisions of
										R.S.
										39:1602.1;
7. applying a ten
										percent local match;
a. a REDO shall not expend any grant funds without
										simultaneously applying local matching funds equaling 10 percent of the cost being paid.
b. local matching funds cannot come from the LED provided Regional Awards
										and Matching Grant Program Tier 1 funds;
c. funds originating
										from any lawful source other than the state shall constitute local matching funds.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part III - Financial Assistance Programs › Chapter 25 - Louisiana Competes Regional Economic Development Program-"Louisiana Competes Program" › Section III-2507 - Qualified Expenditures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
										REDO's shall only use grant funds to pay for qualified expenditures related to the furtherance of economic
										development within the region it represents.
B. Qualified
										expenditures are limited to site development costs for publicly owned property or other property to the
										extent allowable under Article VII, Section 14 of the Constitution of Louisiana and
										other applicable state law, as approved in writing by LED.
1. Grant awards
										for development of other property, in proportion to awards for development of publicly owned property, may be
										limited by the secretary if determined to be in the best interests of the state.
2. Reimbursement of funds expended on other property is contingent upon
										written evidence being provided to LED that such development costs are allowable under Article VII,
										Section 14 of the Constitution and any other applicable state law. Such
										evidence may include but not be limited to a final judicial determination from a court of competent
										jurisdiction.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 1 - Domestic Corporations › Section V-100 - Secure Business Filings Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Department of State has developed and now offers a secure business filings
				(SBF) service designed to discourage fraudulent business filings in Louisiana.
				The service will notify a corporation via email whenever amendments are
				submitted on the corporation through geauxBIZ. The corporation will have the
				opportunity to review the filing and approve or reject further processing by
				the Department of State.
B. Any
				person who has a geauxBIZ account with a verified email address can enroll in
				the optional SBF service. The enrollment application must be authorized by a
				person who is a named officer, director, member, manager, or partner of record
				(the authorizing authority). The identity of the authorizing authority must be
				verified by completing a secure business filing service enrollment application
				authorization which must be verified by a licensed notary public in the state
				where the authorizing authority resides. A copy of the authorization form can
				be found on the departments website. The authorization application is required
				for all SBF applicants, even if the applicant is the approval
				authority.
C. Business entities
				will have an opportunity to review the filing and approve or reject further
				processing by the Department of State. To approve a filing, the corporation
				must provide the PIN assigned to the corporation within five days of receiving
				notification of a pending file. If the corporation rejects a filing or if five
				days passes with no action performed, the filing will not be processed by the
				Department of State.
D. The
				corporation is responsible for PIN usage and security. The Department of State
				will not be responsible for unauthorized usage of the PIN or changes made to
				the corporations business record as a result of an unauthorized user entering
				the correct PIN. The department reserves the right to cancel the SBF service,
				change the PIN, remove an SBF enrollee, change the SBF service terms and
				conditions, or act to prevent or prosecute fraudulent activity at any
				time.
E. An enrollment does not
				expire; however, it can be cancelled by the enrollee, by another authorized
				applicant, or by the Department of State. Enrollments are non-transferrable. A
				new SBF enrollment application must be completed to reinstate a cancelled
				enrollment or to change the SBF enrollment to a different geauxBIZ user. Once
				the enrollment application is approved by the department, the department will
				provide the corporation with a personal identification number (PIN) that will
				be unique to the corporation. The corporation can give the PIN to any person
				filing amendments on the corporations behalf.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:222 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 1 - Domestic Corporations › Section V-101 - Uniform Statutory Form Power of Attorney for Military Personnel (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 19:3865 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 1 - Domestic Corporations › Section V-102 - Commercial API Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of State has developed and now offers an optional paid Commercial
				API Subscription service which will allow customers, such as banks, service
				companies and agencies doing enforcement activities, to search for business
				entity filings using their back-end systems. This will allow the customer to
				integrate validation of business information into their processes, such as a
				bank creating a business checking account without having to open a browser,
				navigate to the secretary of state website, type in the business name, and
				click search. They could even populate data from the business information that
				the secretary of state has on file into fields in their application. The
				service will also allow customers to validate certificates issued by the Office
				of the Secretary of State to confirm their authenticity. The secretary of state
				currently does not know which customers are using the website. When customers
				sign up for the service, the secretary of state will have the contact
				information to provide better and more reliable service to them, and if there
				are any issues the secretary of state will know which customers to inform. The
				secretary of state has had to block legitimate customers from accessing the
				secretary of state website to try and prevent performance issues caused by
				people trying to harvest data from the site or just wreak havoc. The API would
				ensure legitimate business customers have access to the business
				data.
B. Any person who has a
				department single sign-on account with a verified email address can enroll in
				the optional Commercial API. The enrollment application will be completed
				online on the secretary of state website.
C. The service has a one-year non-refundable
				renewable subscription fee of $500. The subscription renewal form will be found
				on the secretary of state website. Enrollments are non-transferrable.
AUTHORITY NOTE: Promulgated in accordance with
					 R.S.
					 49:222 and
					 R.S.
					 36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 5 - Nonprofit Corporations › Section V-500 - Secure Business Filings Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Department of State has developed and now offers a secure business filings
				(SBF) service designed to discourage fraudulent business filings in Louisiana.
				The service will notify a corporation via email whenever amendments are
				submitted on the corporation through geauxBIZ. The corporation will have the
				opportunity to review the filing and approve or reject further processing by
				the Department of State.
B. Any
				person who has a geauxBIZ account with a verified email address can enroll in
				the optional SBF service. The enrollment application must be authorized by a
				person who is a named officer, director, member, manager, or partner of record
				(the authorizing authority). The identity of the authorizing authority must be
				verified by completing a secure business filing service enrollment application
				authorization which must be verified by a licensed notary public in the state
				where the authorizing authority resides. A copy of the authorization form can
				be found on the departments website. The authorization application is required
				for all SBF applicants, even if the applicant is the approval
				authority.
C. Business entities
				will have an opportunity to review the filing and approve or reject further
				processing by the Department of State. To approve a filing, the corporation
				must provide the PIN assigned to the corporation within five days of receiving
				notification of a pending file. If the corporation rejects a filing or if five
				days passes with no action performed, the filing will not be processed by the
				Department of State.
D. The
				corporation is responsible for PIN usage and security. The Department of State
				will not be responsible for unauthorized usage of the PIN or changes made to
				the corporations business record as a result of an unauthorized user entering
				the correct PIN. The department reserves the right to cancel the SBF service,
				change the PIN, remove an SBF enrollee, change the SBF service terms and
				conditions, or act to prevent or prosecute fraudulent activity at any
				time.
E. An enrollment does not
				expire; however, it can be cancelled by the enrollee, by another authorized
				applicant, or by the Department of State. Enrollments are non-transferrable. A
				new SBF enrollment application must be completed to reinstate a cancelled
				enrollment or to change the SBF enrollment to a different geauxBIZ user. Once
				the enrollment application is approved by the department, the department will
				provide the corporation with a personal identification number (PIN) that will
				be unique to the corporation. The corporation can give the PIN to any person
				filing amendments on the corporations behalf.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:222 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 5 - Nonprofit Corporations › Section V-502 - Commercial API Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of State has developed and now offers an optional paid Commercial
				API Subscription service which will allow customers, such as banks, service
				companies and agencies doing enforcement activities, to search for business
				entity filings using their back-end systems. This will allow the customer to
				integrate validation of business information into their processes, such as a
				bank creating a business checking account without having to open a browser,
				navigate to the secretary of state website, type in the business name, and
				click search. They could even populate data from the business information that
				the secretary of state has on file into fields in their application. The
				service will also allow customers to validate certificates issued by the Office
				of the Secretary of State to confirm their authenticity. The secretary of state
				currently does not know which customers are using the website. When customers
				sign up for the service, the secretary of state will have the contact
				information to provide better and more reliable service to them, and if there
				are any issues the secretary of state will know which customers to inform. The
				secretary of state has had to block legitimate customers from accessing the
				secretary of state website to try and prevent performance issues caused by
				people trying to harvest data from the site or just wreak havoc. The API would
				ensure legitimate business customers have access to the business
				data.
B. Any person who has a
				department single sign-on account with a verified email address can enroll in
				the optional Commercial API. The enrollment application will be completed
				online on the secretary of state website.
C. The service has a one-year non-refundable
				renewable subscription fee of $500. The subscription renewal form will be found
				on the secretary of state website. Enrollments are non-transferrable.
AUTHORITY NOTE: Promulgated in accordance with
					 R.S.
					 49:222 and
					 R.S.
					 36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 7 - Foreign Corporations › Section V-700 - Secure Business Filings Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Department of State has developed and now offers a secure business filings
				(SBF) service designed to discourage fraudulent business filings in Louisiana.
				The service will notify a corporation via email whenever amendments are
				submitted on the corporation through geauxBIZ. The corporation will have the
				opportunity to review the filing and approve or reject further processing by
				the Department of State.
B. Any
				person who has a geauxBIZ account with a verified email address can enroll in
				the optional SBF service. The enrollment application must be authorized by a
				person who is a named officer, director, member, manager, or partner of record
				(the authorizing authority). The identity of the authorizing authority must be
				verified by completing a secure business filing service enrollment application
				authorization which must be verified by a licensed notary public in the state
				where the authorizing authority resides. A copy of the authorization form can
				be found on the departments website. The authorization application is required
				for all SBF applicants, even if the applicant is the approval
				authority.
C. Business entities
				will have an opportunity to review the filing and approve or reject further
				processing by the Department of State. To approve a filing, the corporation
				must provide the PIN assigned to the corporation within five days of receiving
				notification of a pending file. If the corporation rejects a filing or if five
				days passes with no action performed, the filing will not be processed by the
				Department of State.
D. The
				corporation is responsible for PIN usage and security. The Department of State
				will not be responsible for unauthorized usage of the PIN or changes made to
				the corporations business record as a result of an unauthorized user entering
				the correct PIN. The department reserves the right to cancel the SBF service,
				change the PIN, remove an SBF enrollee, change the SBF service terms and
				conditions, or act to prevent or prosecute fraudulent activity at any
				time.
E. An enrollment does not
				expire; however, it can be cancelled by the enrollee, by another authorized
				applicant, or by the Department of State. Enrollments are non-transferrable. A
				new SBF enrollment application must be completed to reinstate a cancelled
				enrollment or to change the SBF enrollment to a different geauxBIZ user. Once
				the enrollment application is approved by the department, the department will
				provide the corporation with a personal identification number (PIN) that will
				be unique to the corporation. The corporation can give the PIN to any person
				filing amendments on the corporations behalf.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:222 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 7 - Foreign Corporations › Section V-701 - Notification of Foreign Corporation Not Registered with the Department of State

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				Department of State is made aware that a foreign corporation is transacting
				business in this state without a valid certificate of authority, the secretary
				of state shall notify the foreign corporation by certified mail (return receipt
				requested) that a certificate of authority is required and must be obtained
				within 30 days of receipt of the notification.
B. If the foreign corporation does not comply
				and obtain the certificate of authority within the 30-day period after
				notification, the Department of State shall investigate the foreign corporation
				and determine the penalty to be assessed in accordance with the penalty
				schedule detailed in §703 The foreign corporation shall be notified by
				certified mail (return receipt requested) that the penalty has been assessed
				and will have 60 days in which to pay the penalty to the Department of
				State.
C. If the foreign
				corporation does not pay the penalty as assessed within the 60-day period, the
				secretary of state shall notify the attorney general to institute proceedings
				against the foreign corporation to collect such penalty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  12:314.1 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 7 - Foreign Corporations › Section V-702 - Commercial API Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of State has developed and now offers an optional paid Commercial
				API subscription service which will allow customers, such as banks, service
				companies and agencies doing enforcement activities, to search for business
				entity filings using their back-end systems. This will allow the customer to
				integrate validation of business information into their processes, such as a
				bank creating a business checking account without having to open a browser,
				navigate to the secretary of state website, type in the business name, and
				click search. They could even populate data from the business information that
				the secretary of state has on file into fields in their application. The
				service will also allow customers to validate certificates issued by the Office
				of the Secretary of State to confirm their authenticity. The secretary of state
				currently does not know which customers are using the website. When customers
				sign up for the service, the secretary of state will have the contact
				information to provide better and more reliable service to them, and if there
				are any issues the secretary of state will know which customers to inform. The
				secretary of state has had to block legitimate customers from accessing the
				secretary of state website to try and prevent performance issues caused by
				people trying to harvest data from the site or just wreak havoc. The API would
				ensure legitimate business customers have access to the business
				data.
B. Any person who has a
				department single sign-on account with a verified email address can enroll in
				the optional Commercial API. The enrollment application will be completed
				online on the secretary of state website.
C. The service has a one-year non-refundable
				renewable subscription fee of $500. The subscription renewal form will be found
				on the secretary of state website. Enrollments are non-transferrable.
AUTHORITY NOTE: Promulgated in accordance with
					 R.S.
					 49:222 and
					 R.S.
					 36:742.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 7 - Foreign Corporations › Section V-703 - Foreign Corporation Penalty Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The secretary of state hereby adopts the following penalty schedule for foreign
				corporations transacting business in this state without a valid certificate of
				authority.
1. For a foreign corporation
				transacting business in the state for less than one year, the penalty fee shall
				be $500.
2. For a foreign
				corporation transacting business in the state for greater than one year but
				less than three years, the penalty fee shall be $750.
3. For a foreign corporation transacting
				business in the state for greater than three years, the penalty fee shall be
				$1,000.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part V - Secretary of State › Chapter 9 - Special Corporations › Section V-900 - Secure Business Filings Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Department of State has developed and now offers a secure business filings
				(SBF) service designed to discourage fraudulent business filings in Louisiana.
				The service will notify a corporation via email whenever amendments are
				submitted on the corporation through geauxBIZ. The corporation will have the
				opportunity to review the filing and approve or reject further processing by
				the Department of State.
B. Any
				person who has a geauxBIZ account with a verified email address can enroll in
				the optional SBF service. The enrollment application must be authorized by a
				person who is a named officer, director, member, manager, or partner of record
				(the authorizing authority). The identity of the authorizing authority must be
				verified by completing a secure business filing service enrollment application
				authorization which must be verified by a licensed notary public in the state
				where the authorizing authority resides. A copy of the authorization form can
				be found on the departments website. The authorization application is required
				for all SBF applicants, even if the applicant is the approval
				authority.
C. Business entities
				will have an opportunity to review the filing and approve or reject further
				processing by the Department of State. To approve a filing, the corporation
				must provide the PIN assigned to the corporation within five days of receiving
				notification of a pending file. If the corporation rejects a filing or if five
				days passes with no action performed, the filing will not be processed by the
				Department of State.
D. The
				corporation is responsible for PIN usage and security. The Department of State
				will not be responsible for unauthorized usage of the PIN or changes made to
				the corporations business record as a result of an unauthorized user entering
				the correct PIN. The department reserves the right to cancel the SBF service,
				change the PIN, remove an SBF enrollee, change the SBF service terms and
				conditions, or act to prevent or prosecute fraudulent activity at any
				time.
E. An enrollment does not
				expire; however, it can be cancelled by the enrollee, by another authorized
				applicant, or by the Department of State. Enrollments are non-transferrable. A
				new SBF enrollment application must be completed to reinstate a cancelled
				enrollment or to change the SBF enrollment to a different geauxBIZ user. Once
				the enrollment application is approved by the department, the department will
				provide the corporation with a personal identification number (PIN) that will
				be unique to the corporation. The corporation can give the PIN to any person
				filing amendments on the corporations behalf.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:222 and
				  R.S.
				  36:742.