Art. 85.Action Against Domestic Corporation; Charter Revoked By Secretary of State
Title I. Courts · Chapter 2. Venue · Enacted 1982 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 85
Amendment History
Added by Acts 1982, No.649, §1.
Plain-English Summary
Louisiana's secretary of state can administratively revoke a domestic corporation's charter and franchise, typically for failing to meet ongoing filing or reporting obligations. Revocation does not mean the corporation has vanished for every legal purpose, and Article 85 makes sure venue for a suit against it does not collapse along with its charter.
The rule is simple: an action against a domestic corporation whose charter and franchise have been administratively revoked may be brought in any parish where the suit could have been brought before the revocation took effect. That keeps a plaintiff — often a creditor or someone with a claim predating the revocation — from having to research a fresh venue theory for a corporation that may no longer have an active registered office or principal place of business to point to.
Frequently Asked Questions
What happens when the secretary of state revokes a corporation's charter?
The corporation loses its charter and franchise administratively, typically for failing to meet filing or reporting requirements, though it can still be sued for matters connected to its prior existence.
Can you still sue a corporation after its charter has been revoked?
Yes. Article 85 allows the suit to proceed in any parish where it could have been brought before the revocation, preserving the plaintiff's venue options despite the corporation's changed status.
Why does venue need special protection in this situation?
Because the ordinary venue rules under Article 42 rely on things like a corporation's registered office, which may no longer be actively maintained once its charter has been revoked. Article 85 avoids that gap by looking to where suit could have been brought beforehand.