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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

In one sentenceArticle 617 defines unincorporated association, for purposes of the derivative-action articles, as any unincorporated business association that the substantive law governing it treats as its own separate juridical person.

Full Text of Art. 617

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As used in Articles611 through 616, the term "unincorporated association" shall include any unincorporated business association that is treated by controlling substantive law as a separate juridical person.

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.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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