See a detailed description of the services we provide for our Silver and Gold LLC packages.
Enter the LLC's exact name. If you are not sure of the name or do not know it, enter "Undecided" and continue filling out this questionnaire.
Note: To check if your desired LLC name is available, see my article called "How Can I See If My Desired LLC Name is Available?"
The LLC must have a place of business in Arizona that is a physical address. The address cannot be a US Post Office box. If you don't have an Arizona address or if you do not want your address to appear on the ACC's public records purchase our address service for $100/year.
Note: If you purchase our address service then the Articles of Organization we prepare for your LLC will show KEYTLaw's address as the address of all of the members and managers.
Select the total number of LLC members (owners).
One Member: (1) A husband & wife who will own their interest in the LLC as community property or as joint tenants, or (2) a married person will own his or her interest in the LLC as separate property and the other spouse will not have any ownership of the LLC.
Two Members: A husband and wife will own their interests in the LLC as separate property. Complete Information about the Member for each spouse.
Will any owner be required to pay money to the LLC? Arizona LLC law provides that no member of an Arizona LLC is obligated to pay money to the LLC unless the member signs a document that states the amount and due date of the payment. If you select Yes then this Questionnaire will ask how much money must each member contribute and when will the money be due. If multiple payments will be required, enter the addtional payment information in the Additional Information field at the end of this Questionnaire.
Enter the percentage of the LLC owned by this member. The total percentage owned by all members must equal 100%.
What is the name of your new Confidential Trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widget, LLC, you could call your trust the Widget Trust.
What is the name of your existing trust? The name should be stated near the beginning of the trust agreement.
What name do you want to appear in the LLC's Articles of Organization for this member? If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc.
If the spouses own as community property then if one spouse dies the other spouse automatically becomes the sole owner of the membership interest without the need for a probate and there may be an income tax advantage. Community property ownership means that if the spouses divorce each spouse is entitled to one half the value of their joint ownership interest in the LLC.
Arizona law provides that if a spouse who is an Arizona 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 signs a disclaimer. When a spouse owns the LLC as separate property and the spouse dies, the interest does not pass automatically to the deceased spouse's heirs and an expensive and time consuming probate will be necessary to transfer the interest to the heirs.
If this spouse is to own his/her interest as separate property we will prepare a Disclaimer that the owner spouse must get the non-owner spouse to sign.
Insert the date of this member's existing trust agreement or today's date if we are being hired to create a Confidential Trust.
Name of the trustee(s) as set forth in the Trust Agreement or the name(s) of the person or people who will be the initial trustee(s) of the Confidential Trust.
Name and relationship of the person first in line to take over as trustee of the Confidential Trust if the initial trustee can no longer serve as trustee.
Name and relationship of the person second in line to take over as trustee of the Confidential Trust if something happens to the initial trustee and the 1st successor trustee.
Will the current beneficiary or beneficiaries of the trust be the trustee(s) named above? Normally the initial trustee(s) is/are the current beneficiary or beneficiaries. The current beneficiary is the person or person who is the ultimate owner of the LLC.
Legal name(s) of the person or people who will be the initial/current beneficiaries of the trust. Usually this is the person who creates the trust and who will be the ultimate owner of the LLC. Could also include the trust maker's spouse.
Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually future beneficiary is the surviving spouse or children of the trust maker.
In what state was the entity formed?
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).
Is the address of this member the same as the LLC's place of business address in Arizona entered above?
The Articles of Organization that becomes a public record must include the address of each member. The address does not have to be within Arizona and can be a home or business address or a PO box or commercial mail box like the UPS store.
What is the address to which we should mail correspondence from us to you?
Arizona law does not require a member of an LLC to contribute money to the company. However, if you want a member to contribute money to the company the member must sign a document that creates the legal obligation to pay money to the LLC.
If you want to create a legal obligation for this member to pay money to the LLC select the Yes button and answer the contribution questions that follow. We will then include language in the Operating Agreement that requires this member to make the capital contribution(s).
Note: If this member is to be obligated to make more than one payment include the future payment amounts and due dates in the Additional Information field at the end of this Questionnaire.
How much money is this member required to pay to the LLC?
What is the deadline on or before this member must pay the contribution amount to the LLC?
What is the name of your existing trust? The name must be the legal name of the trust. The name should be stated near the beginning of the trust agreement.
What name do you want to appear in the LLC's Articles of Organization for this member? If the member is a trust, the name must be the legal name of the trust. If the member is an entity, the name must be the legal name of the entity such as World Wide Widges, LLC or Best Widgets, Inc.
What name do you want to appear in the LLC's Articles of Organization for this member? If the member is a trust, the name must be the legal name of the trust. If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc.
The LLC 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. Note: Only managers have the legal power to sign contracts and bind the LLC on legal obligations. If you want a person to be able to sign contracts on behalf of the LLC that person must be a manager.
Select the statement that applies to your LLC.
If not all of the members will be managers or if the LLC will have one or more managers who is not a member of the LLC then type the name(s) of the manager(s) and their addresses below if the manager's address is not listed above.
Who is the LLC's contact person? This is the person we will call or email if we have a question.
Name of the person Richard Keyt or his legal assistant should contact if they have any questions or issues concerning the LLC.
Where do we mail the LLC's portfolio of documents?
Insert the name and address of the person to whom we are to mail the LLC's portfolio.
Select the appropriate button to tell Richard Keyt who he represents as his client. Richard Keyt can only represent one party. He can represent only the LLC or one of its members.
Select the appropriate button to tell Richard Keyt who he represents as his client. Richard Keyt can only represent one party, i.e., the LLC or one member.
Do you need another field to enter information about additional members or capital contributions or any other information you want us to know? If you are forming more than one LLC and their information is the same, enter the name(S) of the other LLC(s) in the Additional Information field.
In the field above type any additional information you want Richard Keyt to know about the members, managers or the to be formed LLC.
If the LLC will have more than four members enter the following information here for each member: name of member, percentage ownership, single or married person (spouse's name if married), entity type and state of formation and who signs for the entity and his or her title, address and phone number.
If any member(s) is/are required to make more than one payment of money to the LLC insert the name(s) of the member(s), amount(s) of the contribution(s) and due date(s) of each additional contribution.
The Bipartisan Budget Act of 2015 made major changes to the way the IRS audits LLCs taxed as partnerships. One of the changes requires that LLCs taxed as partnerships name a person who has a substantial presence in the United States to be the LLC's Partnership Representative. Although the Partnership Representative does not have to be a member of the LLC, we recommend that a member be the Partnership Representative.
If the LLC is audited the IRS will only deal with the Partnership Representative. If your LLC will be taxed as a partnership and it fails to name a Partnership Representative the IRS will name somebody to be your LLC's Partnership Representative. You don't want the IRS to pick somebody you don't know who has the power to consent to an IRS audit that says the LLC owns additional taxes.
What is the email address of the person to whom we will send this Questionnaire for review and approval?
You are done. Click the Submit button below to send your Questionnaire to Arizona LLC attorney Richard Keyt and a copy to the LLC's contact person.