Operating Agreement Questionnaire

Only for a Single Member LLC or an LLC Owned by a Married Couple

To hire California & Arizona LLC attorney Richard C. Keyt and his father Richard Keyt to prepare a custom Operating Agreement for your existing or new California LLC complete this Questionnaire. Click the Submit button at the end. Fields marked with an asterisk* are mandatory.

The quickest & easiest way to complete this Questionnaire is to call one of the people listed below Monday – Friday 8 am – 5 pm and let us help you. The advantage in calling is we can answer any questions that may arise when completing the form. It only takes 5 – 10 minutes.

California & Arizona LLC attorney Richard C. Keyt (the son) – 480-664-7472
Arizona LLC attorney Richard Keyt (the father) (federal taxation) – 480-664-7478

We will prepare your Operating Agreement within three business days after you submit the Questionnaire and approve it and your credit card issuer approves the payment of our fee.

Section 1. Information about the Limited Liability Company
LLC Operating Agreement Preparation Service:
- I want to hire Keyt & Keyt, LLP, for $397 to prepare a custom Operating Agreement with provisions written specifically for a single member California LLC or a California LLC owned only by a married couple.
Operating Agreement Effective Date*
MM slash DD slash YYYY

What is the effective date of this new custom Operating Agreement?
LLC's Name*

Enter the LLC's exact name as it appears in its Articles of Organization filed with the California Secretary of State or the desired name if the LLC has not been formed yet. If you are not sure of the name or do not know it, enter Undecided" and continue filling out this questionnaire. Email the name to Keyt & Keyt, LLP, legal assistant Lynette Balderrama at [email protected] when you know it.
Note: The name must include: LLC, L.L.C., Limited Liability Company, Limited Liability Co., Ltd. Liability Co. or Ltd. Liability Company; and may not include: bank, trust, trustee, incorporated, inc., corporation, or corp., insurer, or insurance company. To see if a name is available check the California Secretary of State's name database. There is no way to know for sure in advance of filing the Articles of Organization that your LLC will get a desired name.
LLC's Purpose

What is the purpose of the LLC? This information is for our information only.
Operating Agreement Status
- Yes
- No
Does the LLC have an Operating Agreement signed by all of the members? If so, we will prepare an amended and restated Operating Agreement that replaces the current Operating Agreement.
Existing Operating Agreement Date*
MM slash DD slash YYYY

What is the date of the current Operating Agreement?
LLC's Principal Executive Office Address*
Street Address Address Line 2 City ZIP Code

The LLC must have a principal executive office address in California that is not a Post Office box. This address is set forth in the LLC's Articles of Organization filed with the California Secretary of State.
LLC's Mailing Address
- Yes
- No
Is the LLC's mailing address the same as the address of its principal executive office?
LLC's Mailing Address
Street Address Address Line 2 City State ZIP Code

What is the LLC's mailing address for correspondence?
Member is a:*
- Person
- Trust
- LLC
- Corporation
- Partnership
Member's Name*

Enter the legal name of the member. If the member is a trust enter the name of the trust as set forth in the Trust Agreement. Note: If there are two members who are married, enter the name of one member in this field and the name of the other member below.
Member's Marital Status*
- Married
- Single
Member's Spouse / Partner*

Legal name of the member's spouse or registered domestic partner.
Member's State of Residence*
- A community property state, i.e., California, Alaska, Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin
- A non-community property state, i.e., a state other than California, Alaska, Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin
Does this member reside in a state that has or does not have community property for married couples?
Character of Member's Interest in the LLC?*
- Community Property: The member and the spouse own the LLC jointly.
- Separate Property of the Member: Only the member (not the spouse) owns the LLC as his or her separate property. The spouse does not or will not have any ownership interest in the LLC.
- Separate Property of the Member & Spouse: The member and the spouse will each own a portion of the LLC as his or her separate property.
Community property ownership means that if the spouses or RDPs divorce each spouse / RDP is entitled to one half the value of their joint ownership interest in the LLC.
California law provides that if a spouse or RDP who is an California resident acquires property during marriage the property is automatically community property unless the property was acquired as a gift or from an inheritance unless the non-owner spouse / RDP signs a disclaimer. When a spouse or RPD owns the LLC as separate property and the spouse / RDP dies, the interest does not pass automatically to the deceased's heirs and an expensive and time consuming Superior Court probate may be necessary to transfer the interest to the heirs.
If this spouse / RDP is to own his / her interest as separate property we will prepare a Disclaimer that the owner spouse / RDP must get the non-owner spouse / RDP to sign.
Percentage of LLC Owned by the Member*

What percentage of the LLC will the member own as his or her separate property?
Percentage of LLC Owned by the Spouse*

What percentage of the LLC will the spouse own as his or her separate property?
Character of Members Interest in the LLC?*
- Joint Tenancy with Right of Survivorship: Both the member and the spouse own the LLC and if one dies the other becomes the sole owner without the need for a probate.
- Only the member (not the spouse) owns the LLC.
- The member and the spouse will each own a portion of the LLC.
LLC Percentage Owned by the Member*

What percentage of the LLC will the member own?
LLC Percentage Owned by the Spouse*

What percentage of the LLC will the spouse own?
Date of the Member's Trust Agreement*

Insert the date of this member's trust agreement.
Trustees of the Member's Trust*

Name of the trustee(s) as set forth in the Trust Agreement.
Member's Formation State*

In what state was the entity formed?
Name and Title of Member's Signer?*

This member must sign the Operating Agreement and the organizational resolutions. Who will sign for the entity and what is the signer's title? For example: Homer Simpson, Member (if the entity is a member managed LLC); Homer Simpson, Manager (if the entity is a manager managed LLC), Homer Simpson, President (if the entity is a corporation) & Homer Simpson, General Partner (if the entity is a limited partnership).
Member's Address?*
- Same as principal executive office
- Same as mailing address
- Different address
Is the address of this member the same as the LLC's principal executive office in California address or mailing address entered above?
Member's Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
Member's Phone Number*
Member's Email Address*
Enter Email Confirm Email
Section 3. LLC's Management Type
California LLCs are managed by member(s) or manager(s). The Articles of Organization must specify the type of management.
Member Management: If the LLC is member managed then all members will have management power and be able to sign contracts on behalf of the LLC regardless of the percentage of the LLC owned by a member.
Manager Management: If the LLC is manager managed then only managers will have management power and be able to sign contracts on behalf of the LLC. Managers do have have to be members. If the LLC is manager managed then it must have at least one manager. The manager can be a person, corporation, another LLC, a trust or a partnership. The manager does not have to be an owner (member) of the LLC. If you want a person to be able to sign contracts on behalf of the LLC that person must be a manager.
Management Type*
- Member managed
- Manager managed
Is the LLC managed by its members or by one or more managers? See the Articles of Organization filed with the California Secretary of State if you are not sure of the management type.
Manager(s) of the LLC*
- The member will be the only manager.
- The member and somebody else will be managers.
- Both members will be the only managers.
- Both members and somebody else will be managers.
- No member will be a manager.
Who will be a manager of the LLC?
Names of Managers & Their Addresses*
If the LLC will have one or more managers who is not a member of the LLC then enter the name(s) of the manager(s) and their addresses.
Successor Manager(s)
- Yes
- No
If an initial manager ceases to be a manager for any reason do you want to name a person or entity to automatically become a manager?
Successor Manager*

<>name of the person or entity that shall automatically become a manager if all of the manager(s) named above cease to be managers.
Section 4. Agent for Service of Process
Every LLC formed in California must designate in its Articles of Organization the name of a person or corporation that will be the agent for service of legal documents on the LLC. If somebody wants to sue the LLC or give it any kind of notice, he or she will look up the name and address of the LLC's agent for service of process on the California Secretary of State's web site and then serve the documents on the agent at the agent's address.
Agent is a Person: An individual can be the LLC's agent for service of process if the person has a physical address in California. Warning: Do not name a person to be the agent unless you trust the person to notify the members of all notices served on the agent.
Agent is a Corporation: If you name a corporation to be the agent the corporation must be registered as a corporate agent with the California Secretary of State.
Agent for Service of Process*
- 1st Member named above
- 1st Member's spouse
- Somebody else
Who will be the LLC's agent for service of process?
Name of the LLC's Resident Agent*

Name of the LLC's agent for service of process?
Agent's Address*
- 1st Member's Address
- LLC's California Office Address
- Another Address
What isthe address of the LLC's agent for service of process?
Agent's Address
Street Address Address Line 2 City ZIP Code

What is the physical address of the LLC's agent for service of process? The address cannot be a U.S. Post Office box.
Miscellaneous Information
Additional Information
- Yes
- No
Do you need another field to enter additional information you want us to know about the LLC or its member(s)?
Additional LLC or Member Information
In the field above type any additional information you want Richard Keyt to know about the members, managers or the LLC.
Email Questionnaire to*
Enter Email Confirm Email

Enter the email address of the person to whom we will send this Questionnaire for review and approval?
End of Questionnaire
You are done. Click the Submit button below to send your Questionnaire to California LLC attorney Richard C. Keyt and a copy to the email address entered in the preceding field. Remind the person to whom we are sending a copy of this message to check his or her email in basket for the Questionnaire.

Save and Continue Later

Section 1. Information about the Limited Liability Company

Section 3. LLC's Management Type

Section 4. Agent for Service of Process

Miscellaneous Information

End of Questionnaire