reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-115 - Subsequent Filings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Filings
				relating to changes affecting the initial financing statement have been
				consolidated and incorporated into a single standard form for Louisiana
				prescribed by the secretary of state called Uniform Commercial Code, amendment
				form (Form UCC-3). This single composite form may be used as a continuation
				statement, a release statement, a statement of partial assignment, a statement
				of assignment (full assignment), a termination statement, an amendment to a
				financing statement, or a statement of master assignment or master amendment
				(affecting 20 or more initial financing statements filed in the same
				parish).
B. Form UCC-3 measures 8
				1/2 by 11 inches. Any filings made on any form other than on the approved Form
				UCC-3 will be assessed the nonstandard filing fee penalty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-501 et seq.,
				  R.S.
				  10:9-512,
				  R.S.
				  10:9-526, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-117 - Procedure for Filing Form UCC-3

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The procedural rules set forth in
				§107 and
				§109 herein
				governing the use of prescribed forms and presentation of Form UCC-1 filing are
				incorporated by reference herein and must be followed in the presentation of
				Form UCC-3 or other statement changing the status of an initial
				filing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-501 et seq.,
				  R.S.
				  10:9-526, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-119 - Place of Filing Form UCC-3

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any subsequent filings affecting an initial UCC financing statement must be
				filed in the parish in which the initial UCC financing statement was
				filed.
B. Filings erroneously
				directed to a parish other than that in which the initial financing statement
				was filed shall be rejected by the filing officer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-501 et seq.,
				  R.S.
				  10:9-526, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-121 - Preparation of Form UCC-3 Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any Form UCC-3 filing changing the initial financing statement must:
1. give the name and address (as applicable),
				of each debtor as it appears on the initial financing statement or the most
				recent filing;
2. give the name and
				mailing address (as applicable), of the secured party of record;
3. give the initial UCC file number (entry
				number), the date of filing, and the parish in which the initial financing
				statement was filed; and
4.
				indicate the type of action requested (Only one type of transaction may be
				requested on any Form UCC-3.).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-123 - Additional Specific Requirements for Filings Changing the Status of an Initial UCC Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Continuation
				Statement
1. A filed financing statement is
				effective for a period of five years. No exception is made for a stated
				maturity date of less than five years. A security interest ceases to be
				perfected unless a continuation statement is filed prior to the expiration date
				of a financing statement. A continuation statement may only be filed by the
				secured party within the six-month period prior to the expiration date and must
				state that the initial financing statement is still effective. The timely
				filing of a continuation statement extends the effectiveness of the initial
				financing statement for an additional five-year period after the last date for
				which the initial financing statement is effective. Continuous perfection may
				be achieved by filing successive continuation statements in this
				manner.
2. If the initial financing
				statement lapses due to a failure to timely continue within the six-month
				period prior to the end of the five-year period of effectiveness, the secured
				party must file a new financing statement rather than a continuation
				statement.
3. A continuation
				statement signed by a person other than the secured party of record must be
				accompanied by a separate written statement of assignment signed by the secured
				party of record and include the required fee for an assignment.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-125 - Request for Information or Copies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Background
1. The secretary of state's master index of
				information is composed of UCC filing data submitted by the 64 filing officers.
				The database is a composite of all presently effective financing statements, as
				well as any statements of assignment, continuation, release, or amendment, and
				initial financing statements which have been terminated within the one-year
				period prior to a request for a certificate. All UCC filings are indexed
				according to the name of each particular debtor set forth on the financing
				statement.
2. The secretary of
				state's master index does not contain information on statutory liens or tax
				liens, except for statements filed pursuant to
				R.S.
				23:1546 relative to unemployment compensation
				contributions, and IRS tax liens affecting movable property filed on or after
				September 1, 1990. In addition, the master index does not contain any
				information on notices of assignments of accounts receivable, or chattel
				mortgage or collateral chattel mortgage filing information.
3. Initial UCC documents filed with the
				parish filing officers remain at the local level in the parish of filing. Any
				filings which change the status of an initial UCC filing must be made with the
				filing officer with whom the financing statement was originally filed, and the
				original will remain on file in that parish. The secretary of state does not
				receive copies of UCC filings. Therefore, requests for copies of documents must
				be made in the parish in which the filing was originally made. If filings on a
				particular debtor have been made in more than one parish, each parish filing
				officer must be contacted for copies of such filings. If the file numbers
				cannot be provided by the requesting party, a certificate must be requested
				from the filing officer.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 1 - Secured Transactions › Section XIX-127 - Schedule of Fees for Filing and Information Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees schedule for filing and
				information requests submitted on Forms UCC-1, UCC-3, and UCC-11 are provided
				in
				R.S.
				10:9-525.
B. An additional fee of $2 per filing will be
				charged on bulk UCC filings submitted electronically.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-501 et seq.,
				  R.S.
				  10:9-519 et seq.,
				  R.S. 10:9-525,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and
				  R.S.
				  49:222(A).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 2 - Internal Revenue Service Tax Liens › Section XIX-201 - Place of Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The proper
				place to file notices of federal tax liens affecting movable property
				(corporeal and incorporeal) is with the clerk of court of any parish (the
				"filing officer").
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-501 et seq.,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and
				  R.S.
				  52:52.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 2 - Internal Revenue Service Tax Liens › Section XIX-203 - Forms to be used in Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				document entitled "Notice of Federal Tax Lien under Internal Revenues Laws"
				utilized nationwide by the IRS shall be accepted by all filing officers in lieu
				of Form UCC-1. Nonstandard form penalties shall not be applicable to filings
				presented by the IRS pursuant to this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  10:9-526 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 2 - Internal Revenue Service Tax Liens › Section XIX-205 - Filing Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The uniform
				filing fee to be collected by each filing officer includes prepayment of the
				termination fee, as well as, the indexing of all debtor names appearing on the
				lien submitted by the IRS.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 10:9-525,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and
				  R.S.
				  49:222(A).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-303 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The central
				registry will be administered by the secretary of state and operated by the
				Uniform Commercial Code Division of the office. Any notices, petitions,
				documents, or other correspondence shall be addressed to the:
Louisiana Secretary of State
Uniform Commercial Code Division
Central Registry
P.O. Box 94125, Baton Rouge, LA 70804-9125
B. Filings and encumbrance certificates will
				be administered by the filing officers as discussed in §§307, 309,
				and 317 herein. Addresses and phone numbers for the 64 filing officers are set
				forth in §325 herein.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 3:3654,
				  R.S. 3:3655,
				  R.S.
				  3:3656,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-305 - Formal Requisites of an Effective Financing Statement (EFS)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The EFS must:
1. be an original or reproduced copy thereof;
				and
2. contain:
a. the name and address of the secured
				party;
b. the name and address of
				each person subjecting the farm product to the security interest:
i. in the case of a natural person, the
				surname (last name or family name) must appear first;
ii. in the case of a corporation or other
				entity not a natural person, the name must appear with the first word or
				character not an article or punctuation mark;
c. the Social Security number or, if other
				than a natural person, the Social Security number or employer identification
				number of each such person submitting the farm product(s) to the security
				interest;
d. the crop year unless
				every crop of the farm product in question, for the duration of the EFS, is to
				be subject to the particular security interest;
e. each farm product name and corresponding
				product code as designated by the secretary of state (see
				§319 herein);
f. the dollar amount of the security
				interest;
g. a reasonable
				description of the property, including each parish code where the farm product
				is produced or to be produced; and
h. any further details of the farm product
				subject to the security interest if needed to distinguish it from other such
				products owned by the same person but not subject to the particular security
				interest.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-309 - Procedures for Filing Amendments, Assignments, Releases, Continuations and Terminations of EFS

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any statement of
				continuation, amendment, release, continuation, termination, or other similar
				statement pertaining to an effective financing statement shall identify the
				initial file number and shall be filed with the same filing officer with whom
				the effective financing statement was originally filed.
B. Any amendment resulting in a material
				change to a security device shall be filed in writing and accompanied by
				related EFS (Form UCC-3F) within three months of the amendment.
1. A material change is whatever change would
				render the master list entry no longer informative as to what is subject to the
				security interest in question.
2.
				The requirement to amend arises when the information already made available no
				longer serves the purpose and other information is necessary to do
				so.
3. The amendment must be signed
				by both the secured party and the person subjecting the farm product(s) to the
				security interest.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-311 - Registrations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				register with the central registry to receive the master list or a portion
				thereof. Applications for registration shall consist of two types:
1. initial registrations:
a. an initial registration application may be
				filed at any time of the year. Within five working days of receipt of a
				properly completed registration form and required fee, the secretary shall send
				the applicant written notice of acceptance and the most recent master list and
				cumulative addendum or portion thereof for which the applicant has indicated an
				interest. Applicants are not considered registered until they receive written
				notice of acceptance from the secretary; and
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-313 - Master List

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				secretary shall compile all information transmitted by the filing officers to
				the central registry into a master list. The master list or portions thereof
				will be distributed to each registrant based on the farm products and parishes
				for which the registrant has indicated an interest.
B. The master list will be compiled on the
				first regular business day of each quarter, and distributed within five regular
				business days. Each master list shall contain all properly submitted filing
				information transmitted prior to close of business on the last regular business
				day of the previous quarter. Cumulative addenda shall be compiled on the first
				and fifteenth day of each month and distributed within three regular business
				days. The central registry will not distribute cumulative addenda on the first
				of each month in which there is a distribution of a master list.
C. The office shall allow interested parties
				to obtain direct access to the computerized information in the central
				registry. Method of access, terms, costs, and conditions will be stipulated by
				contract between the office and the interested party. The cost of direct access
				to the interested party will be limited to the actual cost to the central
				registry.
D. Registrants shall be
				deemed to have received any master list or cumulative addendum distributed by
				the central registry on the fifth day following the date of mailing to the
				intended recipient or the date of actual delivery, whichever occurs first. The
				central registry shall maintain accurate records so that such dates can be
				readily determined.
E. Registrants
				notifying the central registry of non-receipt will be provided a new list
				within five regular business days of receipt of the notice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 3:3655,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-315 - Requests for Information from Non-registrants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon written request submitted to the
				filing officers, the filing officers shall furnish oral confirmation to any
				person of the existence of an EFS filed with a filing officer and transmitted
				to the central registry. The request shall contain:
1. the name, address, and telephone number
				(and fax number, if available) of the person making the request; and
2. the name, address, parish of residence,
				and Social Security number or employer identification number of the person who
				is the subject of the request.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-317 - Encumbrance Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Encumbrance certificates may be requested from any filing officer. The request
				must be in writing. Each request shall be subject to the following provisions.
1. The request shall contain the name and
				address of the person making the request.
2. The request shall contain the complete
				name, address, and parish of residence of the person who is the subject to the
				request.
3. The request may contain
				the nickname, initials, or other appellation by which the person who is the
				subject of the request is sometimes or commonly known.
4. The request shall contain the Social
				Security number or employer identification number of the person who is the
				subject of the request.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-319 - Farm Products List and Codes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Louisiana shall be deemed to be a state that has established a central registry
				as to all farm products produced in Louisiana. Notwithstanding the foregoing,
				only those farm products which have been assigned a collateral product code and
				approved by the secretary as falling within the definition of a
farm
				product
pursuant to the Food Security Act of 1985 and regulations
				issued thereunder shall be deemed acceptable for inclusion in the master list
				or portions thereof.
B. Persons
				desiring the most current listing of all approved farm products which have been
				assigned a corresponding collateral code should contact the secretary at (225)
				925-4701.
C. In the event a secured
				party has taken a security interest in a farm product not specifically assigned
				a product code by the secretary, the following steps must be taken before the
				filing may be properly submitted to the filing officer for indexing and
				inclusion in the master list.
1. Contact the
				UCC Division/Central Registry at (225) 925-4701 to submit a request for a new
				farm product name and corresponding collateral product code to be
				assigned.
2. Generic categories of
				farm products, such as fish or greens are impermissible under the Food Security
				Act of 1985. Requests for approval of categories deemed generic will be
				disallowed by the secretary and shall not be accepted for inclusion in the
				master list.
3. Farm products
				deemed acceptable by the secretary shall be added to the list of published farm
				products and assigned a corresponding collateral code.
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-321 - Schedules of Fees for Filing and Encumbrance Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
				R.S. 3:3657, the fees shall
				be assessed by the filing officers for filing, recording and canceling
				effective financing statements for Forms UCC-1F and UCC-3F.
B. Registration (initial and renewal) for the
				master list of farm product encumbrances shall be assessed each calendar year
				at a flat rate of $250. All transmissions shall be done
				electronically.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 3:3655,
				  R.S. 3:3657,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742,
				  R.S.
				  49:222(A), and Public Law
				  99-198 (Food Security Act of 1985).
Louisiana Administrative Code › Title 10 - FINANCIAL INSTITUTIONS, CONSUMER CREDIT, INVESTMENT SECURITIES AND UCC › Part XIX - Uniform Commercial Code › Chapter 3 - Central Registry › Section XIX-323 - Filing Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				names and addresses of the 64 filing officers for the state of Louisiana can be
				obtained from the Department of State, Commercial Division, Office of Uniform
				Commercial Code/Central Registry at (225) 925-4701.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. 3:3655,
				  R.S.
				  10:9-526,
				  R.S.
				  36:742, and Public Law 99-198 (Food Security
				  Act of 1985).
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-101 - Board of Commerce and Industry

Current through Register Vol. 50, No. 6, June 20, 2024
A. The principal offices of the board shall
				  be at the Louisiana Department of Economic Development, Office of Commerce and
				  Industry, located at One Maritime Plaza, Baton Rouge, LA, or at such other
				  place as the board may determine.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-103 - Board Membership

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Number and Qualifications of Board Members. The board shall consist of 20
				  members, unless
				  R.S.
				  51:923 is amended to provide for a different
				  number of board members. Fifteen members shall be appointed by the governor
				  from among representatives of the major economic groups within the state of
				  Louisiana, one who shall be an elected municipal official appointed by the
				  governor from a list of three names submitted by the Louisiana Municipal
				  Association and one who shall be an elected police juror, councilman,
				  commissioner or parish president appointed by the governor from a list of names
				  submitted by the Louisiana Police Jury Association. In addition, the governor,
				  or his designee, the lieutenant governor, or his designee, and the Secretary of
				  the Department of Economic Development, or his designee, shall be ex officio
				  members of the board with full right to participate in and vote on all
				  matters.
B. Appointment. Each
				  appointment by the governor shall be submitted to the senate for confirmation
				  and shall again be submitted by the governor to the senate for confirmation
				  every two years after the initial confirmation.
C. Term. The members, other than the
				  governor, lieutenant governor and the Secretary of the Department of Economic
				  Development, shall serve for terms which shall be concurrent with the term of
				  the governor making the appointments. The governor and lieutenant governor
				  shall serve during the term of office of each. Other than the three ex officio
				  members above, all other members shall continue to serve until their successors
				  are appointed and take office.
D.
				  Vacancy. A vacancy occurring for any reason shall be filled in the manner
				  provided in §103. A hereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-105 - Compensation of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Members of the board shall serve without compensation. Each member shall be
				  entitled to reimbursement for the actual and necessary expenses incurred in the
				  performance of official duties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-107 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Open Meeting. All meetings of the board shall be subject to the open meetings
				  law as provided in
				  R.S.
				  42:1 et seq.
B. Annual Meeting. The year of the board
				  shall begin February 1 each year The meeting following the beginning of the
				  year, the board shall elect its officers who shall serve until the next annual
				  meeting or until their successors are elected.
C. Regular Meetings. The board may meet as
				  often as it deems necessary provided that there shall be not less than four
				  regular meetings each year The summary agenda and the summary tables on all
				  applications on the agenda for the regular meetings of the board shall be
				  posted to the website at least one week prior to the meeting, but no later than
				  24 hours from when the board packet is provided to the board when
				  feasible.
D. Special Meetings. A
				  meeting may be called by the chairperson or by joint call of at least three of
				  its members, to be held at the principal office of the board, or at such other
				  place as may be fixed by the board.
E. Quorum. Excluding any vacancies on the
				  board, a majority of the members of the board shall constitute a quorum. In the
				  absence of a quorum, a majority of the members present at the time and place of
				  any meeting may adjourn such meeting from time-to-time with notice given in
				  accordance with the Open Meetings Law.
F. Parliamentary Procedure. Unless otherwise
				  provided by law to the contrary, all meetings of the board shall be conducted
				  in accordance with
Robert's Rules of Order.
G. Meeting Place. The board, its committees
				  and subcommittees, shall hold its meetings at the principal office of the
				  board, or at such other place as may be fixed by the board. The Board of
				  Commerce and Industry shall have its meetings and the meetings of its
				  subcommittees broadcast via Live stream when feasible, except for those
				  meetings or discussions which are protected from public disclosure by Louisiana
				  confidentiality laws.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-109 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice by Mail.
				  Under the provisions of Louisiana law or these rules, whenever notice is given
				  to any member it shall not be construed to mean personal delivery of notice.
				  Notice will be considered to be given in writing on the day the written notice
				  is deposited in a post office with such notice bearing the member's address as
				  it appears in the records of the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-111 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers of
				  the board shall be elected by the members of the board and shall be a
				  chairperson and a vice-chairperson and such other officers as the board shall
				  consider necessary. There shall be no prohibition against officers succeeding
				  themselves.
1. Chairperson. The chairperson
				  shall be a member of the board and shall preside at all meetings of the board
				  at which he or she is present. The chairperson shall perform such other duties
				  and have such other powers as from time to time may be assigned to the office
				  by these rules or by the board. Election of the chairperson shall be at the
				  annual meeting or such other time as may be necessary. The chairperson shall
				  hold office until the next annual meeting.
2. Vice-Chairperson. The vice-chairperson
				  shall be a member of the board. At the request of the chairperson or in the
				  event of his absence or disability, the vice-chairperson shall perform all
				  duties of the chairperson, and when so acting, shall have all the powers of,
				  and be subject to all the restrictions upon, the chairperson. The
				  vice-chairperson shall also perform such other duties and have such other
				  powers as from time to time may be assigned to the office or to the
				  vice-chairperson by these bylaws or by the board or by the chairperson. The
				  vice-chairperson shall assume the role of chairperson of the screening
				  committee. Election of the vice-chairperson shall be at the annual meeting or
				  such other time as may be necessary. The vice-chairperson shall hold office
				  until the next annual meeting.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-113 - Standing Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board, by resolution adopted by a majority of the board then in office, may
				  establish one or more standing committees, each which shall consist of three or
				  more board members. Each committee shall have and exercise the authority of the
				  board as contained within the resolution establishing such committee and shall
				  perform such functions as shall be provided for in such resolution.
B. Appointment of Members. The officers and
				  members of all standing and ad hoc committees shall be appointed by the
				  chairperson.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:921 et
					 seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 1 - General Provisions › Subchapter A - General Rules › Section I-115 - Speaking before the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Time Limit Set on Speaking before the Board
1.
				  Petitions to the board by an applicant and/or representatives of same shall, as
				  a group, be limited to at total of 10 minutes to put forward their
				  plea.
2. Opponents to a given
				  application shall, as a group, have a total of 10 minutes to put forward their
				  opposition.
3. Any and all
				  interested parties shall, as a group, have a total of 10 minutes to put forward
				  their views.
4. If any group has
				  more than one speaker, the group may divide their 10 minutes by the number of
				  speakers in that group, however in no case will any group be allowed to speak
				  for more than 10 minutes total.
5.
				  Questions addressed to an applicant or others by a board member are not subject
				  to the above time limits.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 3 - Gaming Ineligibility › Section I-301 - Gaming Ineligible

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Any entity that has received or applied
				for a license to conduct gaming or is owned, controlled or managed by a company
				that has received or applied for a license to conduct gaming shall be
				ineligible to receive a contract for any tax exemption, credit, rebate or other
				benefit granted by the Board of Commerce and Industry.
2. If an entity that has received a contract
				for any tax exemption, credit, rebate or other benefit granted by the Board of
				Commerce and Industry, subsequently, during the term of such contract, applies
				for or receives a license to conduct gaming or becomes owned, controlled or
				managed by a company that has applied for or received a license to conduct
				gaming, the board shall, after notice, terminate the contract, and the entity
				shall repay any tax exemption, credit, rebate or other benefit received
				pursuant to the contract. The entity shall notify the board of its application
				for or receipt of a gaming license or change in ownership, control or
				management.
3. An entity that is
				owned, controlled or managed by a company that has received or applied for a
				license to conduct gaming may apply for a contract for a tax exemption, credit,
				rebate or other benefit granted by the Board of Commerce and Industry if the
				business operated by that entity is not related to and does not provide support
				to the gaming activity. The burden shall be on the applicant to prove that the
				business is not related to and does not provide support to the gaming activity.
				If the board determines that the entity has provided sufficient proof that the
				entity is not related to and does not provide support to the gaming activity
				the board may, in its discretion, grant a contract for any tax exemption,
				credit, rebate or other benefit.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-501 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. New
				Rules
1. These rules amend and restate prior
				rules and upon adoption are to implement two important policies for the
				industrial property tax exemption. The first is as a competitive incentive for
				job creation and under compelling circumstances, job retention. The second is
				to provide for input from local parish and municipal governments, school boards
				and sheriffs as to the extent of, and other terms and conditions for the
				industrial tax exemption.
2. On all
				projects, applicant manufacturers are to demonstrate a genuine commitment to
				investing in the communities in which they operate, and a genuine commitment to
				creating and retaining jobs in those communities. These are the expectations
				for the programs future, and the board will continue to operate it in a way
				that makes Louisiana competitive with other states in securing good jobs for
				our citizens while giving local governments a voice in their taxation. These
				rules are to be interpreted in a manner so as to promote these goals.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-503 - Advance Notification; Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An advance notification of intent to apply
				for tax exemption shall be filed with the department on the prescribed form
				prior to the beginning of construction or installation of facilities on all
				projects for tax exemption except as provided in
				§505.A and B of these
				rules. An advance notification fee of $250 shall be submitted with the form.
				The advance notification will expire and become void if no application is filed
				within 12 months of the estimated project ending date stated in the advance
				notification. The estimated project ending date as stated on the advance
				notification may be amended by the applicant if the amendment is made prior to
				the estimated project ending date.
B. All financial incentive programs for a
				given project shall be filed at the same time and on the same advance
				notification. The applicable advance notification fee for each program for
				which the applicant anticipates applying shall be submitted with the advance
				notification.
C. An application for
				tax exemption may be filed with the department on the prescribed form, subject
				to the following conditions:
1. the filing
				may be either concurrent with or after filing the advance notification, but no
				later than 90 days after the beginning of operations or end of construction,
				whichever occurs first;
2. the
				deadline for filing the application may be extended pursuant to §523;
3. an applicant filing an application prior
				to the beginning of operations or end of construction of the project shall file
				an annual status report with the department on the prescribed form by December
				31, until the project completion report and affidavit of final cost are filed.
				If the applicant fails to timely file a status report the board may, after
				notice to the applicant, terminate the contract;
4. an application fee shall be submitted with
				the application in the amount equal to 0.5 percent of the estimated total
				amount of taxes to be exempted. In no case shall an application fee be smaller
				than $500 and in no case shall a fee exceed $15,000 per project;
5. The department reserves the right to
				return the advance notification, application, or affidavit of final cost to the
				applicant if the form is incomplete or incorrect, or the correct fee is not
				submitted. The document may be resubmitted with the correct information and
				fee.
6. If the application is
				submitted after the filing deadline, the term of exemption available under an
				initial contract and renewal thereof shall be reduced by one year for each year
				or portion thereof that the application is late, up to a maximum reduction up
				to the maximum remaining term. The board may impose any other penalty for late
				filing that it deems appropriate.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-505 - Miscellaneous Capital Additions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The renewal of miscellaneous capital
				addition contracts approved in accordance with JBE 16-26 and 16-73 shall be
				treated in accordance with prior rules.
B. Miscellaneous capital additions which had
				pending contractual applications on June 24, 2016, and which provide for new
				jobs at the completed manufacturing establishment shall be considered by the
				board.
C. Miscellaneous capital
				additions which did not have a pending contractual application as of June 24,
				2016 or those with pending applications as of June 24, 2016, but do not provide
				for new jobs, are not eligible for the property tax exemption.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-507 - Eligible Property-Buildings and Facilities Used in Manufacturing; Leased Property; Capitalized Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall consider for tax exemption
				buildings and facilities used in the operation of new manufacturing
				establishments located within the state of Louisiana (subject to the
				limitations stated in
				§517 and 519) and additions to
				manufacturing establishments within the state of Louisiana. Exemptions are
				granted to the owners of buildings that house a manufacturing establishment and
				facilities that are operated specifically in the manufacturing of a product.
				The board recognizes two categories of ownership:
1. owners who engage in manufacturing at said
				facilities; and
2. owners who are
				not engaged in manufacturing at said manufacturing establishment, but who have
				provided either or both of the following for a predetermined manufacturing
				establishment:
a. buildings to house a
				manufacturing establishment;
b.
				facilities that consist of manufacturing equipment operated specifically in the
				manufacturing process;
3. owners who are not engaged in
				manufacturing at the manufacturing establishment are eligible for the exemption
				only if the manufacturer at the site is obligated to pay the property taxes if
				the exemption were not granted.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-509 - Integral Parts of the Manufacturing Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Property that is an integral part of the
				manufacturing operation is eligible for the tax exemption.
B. The following activities are considered to
				be integral to the manufacturing process:
1.
				quality control/quality assurance;
2. packaging;
3. transportation of goods on the site during
				the manufacturing process;
4. other
				on site essential activities as approved by the secretary and the
				board.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-511 - Rehabilitation and Restoration of Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Capital expenditures for the
				rehabilitation or restoration of an existing establishment may be exempted if
				it is not maintenance. If replacements or upgrades are made as part of a
				rehabilitation or restoration to an establishment, only the capital
				expenditures in excess of original cost shall be eligible for tax exemption. A
				deduction for the original cost of property to be replaced shall not be made if
				the project will result in capital additions that exceed $50,000,000.
B. Exemption may be granted on the costs of
				rehabilitation or restoration of a partially or completely damaged facility,
				but only on the amount in excess of the original cost.
C. Original costs deducted from
				rehabilitation or restoration made or rebuilding shall be clearly
				documented.
D. A deduction for the
				original cost of property to be replaced as part of a rehabilitation or
				restoration, as provided by Subsections A or B, shall not be made if the
				project is related to the replacement or reconstruction of property after the
				destruction of or damage to such property, as a result of a qualified
				disaster.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-513 - Relocations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A manufacturing
				establishment moved from one location in the state to another place within the
				state shall be eligible for the unexpired consecutive years, if any, of the tax
				exemption contract granted at the original location.
B. If a manufacturing establishment moves
				from one location in the state to another location within the state, the
				company shall be required to seek approval of the parish governing authority,
				the school board, the sheriff, and any municipality in which the manufacturing
				establishment will be located if these local governing authorities are
				different than those that approved the exemption at the original
				site.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-515 - Used Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Used equipment is eligible for tax exemption provided no ad valorem property
				taxes have been paid in Louisiana on said property.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-517 - Ineligible Property

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Maintenance capital, required environmental capital upgrades and new
				replacements to existing machinery and equipment, except those replacements
				required in the rehabilitation or restoration of a facility, are not eligible
				for the tax exemption.
B. If the
				establishment or addition is on the taxable rolls and property taxes have not
				been paid, the establishment or addition is not eligible for the exemption
				unless the assessor and local governmental entity agree in writing to remove
				the establishment or addition from the taxable rolls should the tax exemption
				be granted.
C. The board shall not
				consider for tax exemption any property previously subject to an ad valorem tax
				exemption that has expired or otherwise been terminated.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-519 - Land

Current through Register Vol. 50, No. 6, June 20, 2024
A. The land on
				which a manufacturing establishment is located is not eligible for tax
				exemption.
AUTHORITY NOTE:
				  Promulgated in accordance with Article VII, Part 2, Section 21(F) of the
				  Louisiana Constitution of 1974.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part I - Financial Incentive Programs › Chapter 5 - Industrial Ad Valorem Tax Exemption Program › Section I-521 - Inventories

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				are not eligible for tax exemption:
1.
				inventories of raw materials used in the course of manufacturing;
2. inventories of work-in-progress or
				finished products;
3. any other
				consumable items.