When the court finds that a person is holding or claiming office without authority, the judgment shall forbid him to do so. It may declare who is entitled to the office and may direct an election when necessary. When the court finds that a corporation or limited liability company is exceeding its powers, the judgment shall prohibit it from doing so.
Art. 3902.Judgment
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 4. Quo Warranto · Last amended 2017 · Last verified July 30, 2026
In one sentenceArticle 3902 lets a quo warranto judgment forbid a person found to be holding or claiming office without authority from continuing to do so, optionally declare who is entitled to the office or order an election, and prohibit a corporation or limited liability company found to be exceeding its powers from continuing that conduct.
Full Text of Art. 3902
Amendment History
Amended by Acts 2017, No. 419, §1, eff. 8/1/2017.
Plain-English Summary
Article 3902 sets out what a quo warranto judgment does once the court decides the underlying authority question Article 3901 raises. Where the court finds that a person is holding or claiming office without authority, the judgment has to forbid him from continuing to do so — a mandatory outcome once that finding is made.
The judgment can go beyond stopping the unauthorized officeholder alone. Article 3902 lets the court also declare who is entitled to the office, resolving the underlying dispute rather than leaving the office vacant and the real question unanswered, and direct an election when one is necessary to fill the position properly.
The article applies the same logic to entities. When the court finds that a corporation or limited liability company is exceeding its powers, the judgment has to prohibit that conduct. As with an individual usurper, the entity does not get to keep exercising authority it was never entitled to, once the court has made that finding.
Frequently Asked Questions
What does a Louisiana court do once it finds someone is holding office without authority?
Article 3902 requires the judgment to forbid that person from continuing to hold or claim the office.
Can the judgment say who should hold the office instead?
Yes. Article 3902 lets the court declare who is entitled to the office and direct an election when one is necessary.
What happens if a corporation is found to be exceeding its powers?
The judgment must prohibit the corporation or limited liability company from continuing that conduct, the same mandatory outcome Article 3902 applies to an individual usurping an office.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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