Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:3801 (2026)

CODE TITLE XIV--OF ALEATORY CONTRACTS

✓ current as of May 2026

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CODE TITLE XIV--OF ALEATORY CONTRACTS

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CODE TITLE XV--OF MANDATE

CHAPTER 1. UNIFORM FIDUCIARIES LAW

§3801. Definitions

For the purposes of this Chapter, unless the context or subject matter otherwise requires:

(1) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking.

(2) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other persons acting in a fiduciary capacity for any person, trust or estate.

(3) "Person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.

(4) "Principal" includes any person to whom a fiduciary as such owes an obligation.

(5) A thing is done "in good faith" within the meaning of this Chapter when it is in fact done honestly, whether it be done negligently or not.

Notes of Decisions

Cited in 31 cases (2 in the last 5 years), 1958–2026 · leading case: Scheffler v. Adams & Reese, LLP, 950 So. 2d 641 (La. 2007).

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Scheffler v. Adams & Reese, LLP, 950 So. 2d 641 (La. 2007). “The term "fiduciary" is defined in the Uniform Fiduciaries Law, LSA-R.S. 9:3801(2), as follows: "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in…”

New Orleans Jazz & Heritage Found., Inc. v. Kirksey, 40 So. 3d 394 (La. Ct. App. 2010). “R.S. 9:3801(2) defines “fiduciary”: “Fiduciary” includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent,…”

Amitech U.S.A., Ltd. v. Nottingham Constr. Co., 57 So. 3d 1043 (La. Ct. App. 2010). · cites it 2× “The Uniform Fiduciaries Law, LSA-R.S. 9:3801(2) defines "fiduciary": "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit…”

Edwins v. Lilly, 422 So. 2d 1217 (La. Ct. App. 1982). · cites it 2× “a "nominal liquidator," and thus not liable; Roche to be an adjudicated bankrupt, whose liability was pretermitted; the Bank to have no knowledge of the forgeries or the misappropriation of the funds involved in the lawsuit, and not to have been in bad faith nor to have had…”

State of Louisiana v. Robert Guidry, 489 F.3d 692 (5th Cir. 2007). “La.Rev.Stat. § 9:3801(2). 64 . State v. Hagerty, 251 La.”

Aaron & Turner, L.L.C. v. Perret, 22 So. 3d 910 (La. Ct. App. 2009). “), the Uniform Fiduciaries Law (LSA-R.S. 9:3801 et seq.), the Uniform Commercial Code (LSA-R.”

Halley v. First Fin. Bank, 506 So. 2d 169 (La. Ct. App. 1987). · cites it 7× “9:738 evidences a “legislative intent to provide the legislation for exemptions from the requirement contained in Code of Civil Procedure Articles 40-70”; and (4) Whether the court erred in completely ignoring or overlooking the Uniform Fiduciaries Act, LSA-R.S. 9:3801 et seq.,…”

Guar. B. & T. Co. of Alexandria v. C & R DEVELOP. CO., 258 So. 2d 543 (La. 1972). · cites it 3× “The trustee takes the position that the bank is obliged under the Uniform Fiduciaries Act (R.S. 9:3801 et seq.) to refund to him the proceeds of the checks which were applied to Clark’s debt.”

Lilliedahl & Mitchel v. Avoyelles Trust & Sav., 352 So. 2d 781 (La. Ct. App. 1977). “In any event, we have reviewed the resolution and found that it does not alter our final determination.”

WA McMichael Const. Co. v. D & W PROP., 356 So. 2d 1115 (La. Ct. App. 1978). “(emphasis supplied) LSA-R.S. 9:3801 includes "partner" in the definition of "fiduciary" in the Uniform Fiduciaries Law.”

Schenck v. Living Centers-East, Inc., 917 F. Supp. 432 (E.D. La. 1996). “Breaches of fiduciary commitments appear to arise most frequently in financial contexts, where someone has entrusted their finances to the care and custody of another, such as a conservator, receiver or trustee in bankruptcy.”

Sampson v. DCI of Alexandria, 970 So. 2d 55 (La. Ct. App. 2007). “The term "fiduciary" is defined in the Uniform Fiduciaries Law, LSA-R.S. 9:3801(2), as follows: "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in…”

Show all 31 citing cases →

— La. Rev. Stat. § 9:3801(1) — 1 case

Halley v. First Fin. Bank, 519 So. 2d 764 (La. 1988).

— La. Rev. Stat. § 9:3801(2) — 16 cases

Amitech U.S.A., Ltd. v. Nottingham Constr. Co., 57 So. 3d 1043 (La. Ct. App. 2010). “The Uniform Fiduciaries Law, LSA-R.S. 9:3801(2) defines "fiduciary": "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit…”

State of Louisiana v. Robert Guidry, 489 F.3d 692 (5th Cir. 2007). “La.Rev.Stat. § 9:3801(2). 64 . State v. Hagerty, 251 La.”

— La. Rev. Stat. § 9:3801(3) — 1 case

TTV, L.L.C. v. Simmons, 58 So. 3d 684 (La. Ct. App. 2011).

— La. Rev. Stat. § 9:3801(5) — 1 case

Arthur Dooley & Son, Etc. v. Johnson, 422 So. 2d 1270 (La. Ct. App. 1982).

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