Except as otherwise provided in Articles740 and 741, a domestic or foreign corporation, a domestic or foreign limited liability company, or a domestic, foreign, or alien insurer has the procedural capacity to be sued in its corporate or company name.
Art. 739.Corporation; Limited Liability Company; Insurer
Title III. Parties · Chapter 3. Parties Defendant · Enacted 1999 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 739 gives a domestic or foreign corporation, a domestic or foreign limited liability company, and a domestic, foreign, or alien insurer the capacity to be sued in its own corporate or company name, subject to the receivership rules in Articles 740 and 741.
Full Text of Art. 739
Amendment History
Acts 1999, No. 145, §2.
Plain-English Summary
Article 739 states the default rule for suing an organized business entity in Louisiana: a corporation, a limited liability company, or an insurance company can be sued directly, in its own corporate or company name, without needing a representative to stand in for it. This mirrors the same entities' capacity to sue in their own name as plaintiffs.
The article covers domestic entities — those organized under Louisiana law — as well as foreign entities organized under the law of another state, and, for insurers alone, alien insurers organized under the law of a country outside the United States. Whatever the entity's place of organization, the rule is the same: the entity answers a lawsuit in its own name.
That default gives way in one circumstance. Articles 740 and 741 take over when the entity is in receivership or liquidation, naming the court-appointed receiver or liquidator as the proper defendant instead of the entity itself. Article 739 is the rule for an entity operating in the ordinary course; the two articles that follow address what happens once a court has stepped in to wind up its affairs.
Frequently Asked Questions
Can I sue a corporation or LLC directly, in its own name, in Louisiana?
Yes. Article 739 gives a domestic or foreign corporation and a domestic or foreign limited liability company the procedural capacity to be sued in its own corporate or company name.
Does Article 739 cover insurance companies too?
Yes. It extends the same capacity to a domestic, foreign, or alien insurer, letting the insurer be sued directly in its own name just like a corporation or LLC.
What is the difference between a domestic, foreign, and alien entity under this article?
A domestic entity is organized under Louisiana law. A foreign entity is organized under the law of another state. An alien insurer — a category unique to insurers under this article — is organized under the law of a country outside the United States. All three can be sued in their own name under Article 739.
When does Article 739 not apply?
When the entity is in receivership or liquidation. Articles 740 and 741 take over in that situation, making the court-appointed receiver or liquidator, rather than the entity itself, the proper defendant.
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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