Art. 617.Unincorporated Association; Definition; Applicability
Title II. Actions · Chapter 5. Class and Derivative Actions · Enacted 1997 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 617
Amendment History
Acts 1997, No. 839, §1, eff. 7/1/1997.
Plain-English Summary
Articles 611 through 616 repeatedly use the phrase unincorporated association alongside corporation, and Article 617 pins down what that phrase covers: any unincorporated business association that the substantive law governing it treats as a separate juridical person. A juridical person, in Louisiana law, is an entity the law recognizes as having its own legal existence, apart from the individuals who own or belong to it — capable of holding rights and owing obligations in its own name, distinct from a natural person.
This definition is what lets Articles 611 through 616 reach entities like partnerships and limited liability companies, which are not corporations but are recognized under Louisiana's substantive law as their own juridical persons, separate from their partners or members. Without a right belonging to the entity itself, there would be nothing for a derivative action to enforce.
Frequently Asked Questions
What counts as an unincorporated association under Article 617?
Any unincorporated business association that the substantive law governing it treats as its own separate juridical person — an entity recognized as having a legal existence apart from its owners or members.
What is a juridical person?
A civil-law term for an entity the law treats as capable of holding rights and owing obligations in its own name, as distinct from a natural person. Corporations, partnerships, and LLCs are all examples under Louisiana law.
Why does Article 617's definition matter for derivative actions?
Because a derivative action enforces a right that belongs to the entity itself. Article 617 confirms that partnerships, LLCs, and similar unincorporated business associations qualify as entities capable of holding such a right, so long as the substantive law governing them treats them as separate juridical persons.