Operating Agreement Intake Checklist & Information Needed

Operating Agreement Intake Checklist & Information Needed

OPERATING AGREEMENT SERVICE

SCILLAN offers:

Operating Agreement Template

SCILLAN Fee:
Starting at $149
Estimated Processing Time:
2–3 business days
SCILLAN's standard Operating Agreement offering is template-based.
Customized legal drafting should be referred to a licensed attorney.

IMPORTANT SERVICE-SCOPE RULE

SCILLAN's Operating Agreement service is intended for standard template-based business documentation.
It should not be represented as:

  • Customized attorney drafting
  • Legal advice
  • Negotiated partner agreements
  • Investor documents
  • Complex governance planning
  • Estate planning
  • Tax planning
  • Business succession planning
  • Litigation or dispute documents

WHAT IS AN OPERATING AGREEMENT?

What is an Operating Agreement?

An Operating Agreement is an internal LLC document that may address matters involving the company's:

  • Ownership
  • Management
  • Governance
  • Internal procedures
  • Rights and responsibilities
  • Other company arrangements

The exact legal effect of provisions should be discussed with a licensed attorney.

IS IT FILED WITH THE TEXAS SECRETARY OF STATE?

Does SCILLAN file my Operating Agreement with the State?

No.
An Operating Agreement is generally maintained as an internal company record rather than a routine Texas Secretary of State filing.

IS IT INCLUDED WITH LLC FORMATION?

Does the $199 Texas LLC Formation service include an Operating Agreement?

No, unless a specific approved package expressly states otherwise.
SCILLAN's Operating Agreement service is separate.
Starting at $149

BASIC OPERATING AGREEMENT INTAKE CHECKLIST

Customers should generally be prepared to provide:

  • Exact legal LLC name
  • State of formation
  • Formation date
  • Business address
  • Member information
  • Management structure
  • Manager information if applicable
  • Ownership information selected by the customer
  • Customer contact information
  • Other standard information requested by the approved template
  • Required authorization
  • Payment

Additional information may be requested depending on the LLC's structure.

LEGAL LLC NAME

What company name should I provide?

Customers should provide the LLC's exact legal name as reflected in its formation record.

Should I use my DBA?

No.
A DBA / Assumed Name is separate from the legal entity name.
The Operating Agreement should generally identify the underlying legal LLC.

FORMATION STATE

Why does SCILLAN need the state of formation?

The Operating Agreement should correspond to the correct legal entity.
SCILLAN's current corporate-services focus is Texas.

FORMATION DATE

Will SCILLAN need my formation date?

Possibly.
The approved template may request formation information.
Customers should provide information from the official entity record.

BUSINESS ADDRESS

What address should I provide?

Customers should provide the current business information requested through the Operating Agreement intake.
The Registered Agent address should not automatically be substituted for the business address.

SINGLE-MEMBER LLC

Can SCILLAN prepare an Operating Agreement for a single-member LLC?

Yes, a standard template-based Operating Agreement may be appropriate for a single-member LLC.

Does a single-member LLC need an Operating Agreement?

Sia should not make a legal determination about whether a customer is legally required to have one.
Approved response:
“SCILLAN offers a standard Operating Agreement template for single-member and eligible multi-member LLCs, but it cannot provide legal advice about whether your specific LLC is required to have one.”

MULTI-MEMBER LLC

Can SCILLAN prepare an Operating Agreement for a multi-member LLC?

SCILLAN may provide a standard template-based agreement for eligible multi-member LLCs.
Complex or negotiated arrangements should be referred to a licensed attorney.

MEMBER INFORMATION

What information will SCILLAN need about the members?

Depending on the template, customers may need to provide:

  • Member names
  • Ownership information
  • Contact or address information where required
  • Other standard member information

OWNERSHIP PERCENTAGES

Can SCILLAN decide ownership percentages for me?

No.
Customers must determine ownership percentages independently.

Can Sia recommend 50/50 ownership?

No.
Ownership allocation may involve:

  • Legal considerations
  • Tax consequences
  • Voting implications
  • Investment arrangements
  • Business-control issues

SCILLAN should not recommend percentages.

Can Sia enter percentages I already chose?

Yes, where the template requires them.
Sia may use customer-provided ownership percentages but should not recommend or redesign them.

OWNERSHIP MUST BE INTERNALLY CONSISTENT

What if the percentages I provide do not make sense?

SCILLAN may ask the customer to verify the information.
Sia should not rewrite ownership arrangements without instruction.

MEMBER-MANAGED VS. MANAGER-MANAGED

Will I need to identify the management structure?

Yes, where applicable to the approved template.
Customers may need to indicate whether the LLC is:

  • Member-managed
  • Manager-managed

Can SCILLAN decide which structure is better?

No.
Approved response:
“SCILLAN can prepare the standard template using the management structure you select, but it cannot advise whether member-managed or manager-managed is better for your business.”

MANAGER INFORMATION

What if my LLC is manager-managed?

The customer may need to provide applicable manager information.
Sia should not determine who has legal management authority if the matter is disputed.

AUTHORIZED SIGNERS

Who signs the Operating Agreement?

The appropriate parties and signature requirements may depend on the LLC's structure and agreement.
Sia should not provide legal advice about enforceability or disputed authority.

DOES SCILLAN SIGN THE AGREEMENT?

No.
SCILLAN prepares the applicable template but does not sign as the business owner, member, or manager.

SIGNATURE PROCESS

Will I receive the agreement for signature?

The document may be provided through an approved SCILLAN document or signature workflow.
Customers should review the document before signing.

ELECTRONIC SIGNATURES

Can I sign electronically?

Where supported by the approved SCILLAN workflow, electronic signature may be available.

CUSTOM PROVISIONS

Can SCILLAN add custom provisions?

SCILLAN's standard service is template-based.
Complex or customized provisions should be reviewed and drafted by a licensed attorney.

VOTING RIGHTS

Can SCILLAN customize voting rights?

Not as part of the standard template service where individualized legal drafting is required.
Examples that may require attorney review include:

  • Supermajority voting
  • Veto rights
  • Special approval rights
  • Different voting classes
  • Deadlock provisions

PROFIT AND LOSS ALLOCATIONS

Can SCILLAN customize how profits are divided?

SCILLAN should not design tax or financial allocation provisions.
Customers seeking customized profit, loss, or distribution provisions should consult:

  • Licensed attorney
  • Qualified tax professional

as appropriate.

DISTRIBUTIONS

Can Sia tell me how much each member should receive?

No.

BUY-SELL PROVISIONS

Can SCILLAN add a buy-sell agreement?

Custom buy-sell provisions are legal drafting matters.
Customers should consult a licensed attorney.

MEMBER WITHDRAWAL

Can SCILLAN draft rules for a member leaving the company?

Not as customized legal drafting under the standard template service.

MEMBER REMOVAL

Can SCILLAN add provisions allowing me to remove another member?

That is a legal governance matter requiring attorney review.

DEATH OR DISABILITY OF A MEMBER

Can SCILLAN customize succession provisions?

Custom death, disability, inheritance, or succession provisions should be handled by a licensed attorney.

DIVORCE OR BANKRUPTCY PROVISIONS

Can SCILLAN customize provisions for these situations?

These are specialized legal matters.
Refer the customer to a licensed attorney.

INVESTORS

Can SCILLAN prepare an Operating Agreement for outside investors?

If the arrangement requires:

  • Investor rights
  • Preferred interests
  • Special voting rights
  • Conversion rights
  • Distribution waterfalls
  • Securities-related provisions

the customer should consult a licensed attorney.

DIFFERENT CLASSES OF MEMBERSHIP

Can SCILLAN create multiple classes of LLC interests?

Not under the standard template service if customized legal structuring is required.

CAPITAL CONTRIBUTIONS

Can SCILLAN decide how much each member should contribute?

No.
Customers must determine their own contributions.

Can Sia insert contribution amounts I provide?

Where supported by the template, customer-provided information may be entered.
SCILLAN should not advise what the amounts should be.

LOANS FROM MEMBERS

Can the Operating Agreement address member loans?

Custom lending arrangements may require legal and tax review.
Sia should not draft them through the standard service.

COMPENSATION

Can SCILLAN decide whether members or managers should be paid?

No.
Compensation may involve tax, employment, and governance considerations.

TAX ELECTIONS

Can the Operating Agreement make my LLC an S corporation?

No.
An Operating Agreement does not itself make an S corporation tax election.
S corporation treatment is a separate federal tax matter.

TAX CLASSIFICATION

Can SCILLAN recommend how my LLC should be taxed?

No.
Refer tax-classification questions to a qualified tax professional.

BANK REQUIREMENTS

Does a bank require an Operating Agreement?

Banks determine their own documentation requirements.
An Operating Agreement may be requested, but SCILLAN cannot guarantee that every bank requires or accepts the same document.

LENDER REQUIREMENTS

Can I use my Operating Agreement for a loan?

A lender may request it as part of its documentation process.
The lender determines what it accepts.

PAYMENT PROCESSORS

Does Stripe or another processor require an Operating Agreement?

Private platforms determine their own verification requirements.
SCILLAN cannot guarantee acceptance.

BUSINESS LICENSES

Does an Operating Agreement replace business licenses?

No.

REGISTERED AGENT SERVICE

Does an Operating Agreement include Registered Agent service?

No.
SCILLAN's Registered Agent + Compliance Alerts service is separate:
$179/year per entity

EIN REGISTRATION

Is an EIN included?

No.
SCILLAN's EIN Registration service is separate:
$75

AMENDMENTS TO THE OPERATING AGREEMENT

Can SCILLAN update an existing Operating Agreement?

A simple standard-template update may be possible depending on SCILLAN's current approved service scope.
If the requested changes involve individualized legal drafting, the customer should consult an attorney.

Can Sia rewrite my agreement to remove a partner?

No.
Removing or changing a member's rights may involve legal issues.

OWNERSHIP CHANGE AFTER FORMATION

I added another member. Can SCILLAN update my agreement?

The customer may need an updated agreement, but adding a member may involve:

  • Ownership changes
  • Tax effects
  • Voting rights
  • Contributions
  • Other legal rights

A licensed attorney may be appropriate for anything beyond a standard template update.

DISPUTED OWNERSHIP

My members disagree about the Operating Agreement.

This is a legal matter.
Sia should not interpret the agreement or decide which member is correct.
Approved response:
“Disputes about an Operating Agreement, ownership rights, voting rights, or member authority require legal review. Please consult a licensed attorney.”

INTERPRETING THE AGREEMENT

Can Sia explain what a provision means legally?

No.
Sia may identify a section or provide a plain-language description of standard terminology, but should not interpret legal rights or advise how a provision will be enforced.

ENFORCEABILITY

Can SCILLAN guarantee the Operating Agreement is enforceable?

No.

CUSTOM LEGAL DRAFTING

What kinds of requests should be referred to an attorney?

Examples include:

  • Complex voting rights
  • Buy-sell provisions
  • Investor rights
  • Preferred ownership interests
  • Member removal provisions
  • Deadlock provisions
  • Succession planning
  • Complex distribution provisions
  • Transfer restrictions
  • Non-compete or restrictive covenants
  • Dispute-resolution provisions
  • Customized indemnification
  • Asset-protection planning
  • Estate-planning provisions
  • Complex multi-entity structures

PROCESSING TIME

How long does SCILLAN take to prepare the standard Operating Agreement?

Estimated Processing Time:
2–3 business days
after all required information, authorization, and payment are received.

WHEN PROCESSING BEGINS

The processing period generally begins after SCILLAN receives:

  • Complete intake
  • Required member or manager information
  • Management structure
  • Customer-selected ownership information
  • Required authorization
  • Payment

INCOMPLETE INTAKE

What if I don't know the ownership percentages yet?

SCILLAN should not invent them.
The customer will need to determine that information before the document can be completed where required.

What if I don't know whether the LLC is member-managed or manager-managed?

SCILLAN cannot choose for the customer.
The customer may need legal advice before completing intake.

WRONG INFORMATION

What if I notice an error before signing?

Contact SCILLAN so the template can be reviewed before execution.

What if I notice an error after signing?

Contact:
support@scillan.com
The appropriate next step depends on the change requested.

OPERATING AGREEMENT VS. STATE FILING

If I change my Operating Agreement, does the Texas Secretary of State automatically update?

No.
Internal company records and government filings are separate.
A separate Amendment Filing may be required if the corresponding government record also needs to change.
SCILLAN's Amendment Filing service is:
$99 + applicable government fees

OPERATING AGREEMENT VS. OWNERSHIP RECORDS

Does signing an Operating Agreement automatically update every ownership record?

No.
Banks, tax agencies, government filings, and other records may be separate.

OPERATING AGREEMENT VS. EIN

Does changing my Operating Agreement update the IRS?

No.

OPERATING AGREEMENT VS. DBA

Does the Operating Agreement create my DBA?

No.
A DBA / Assumed Name is a separate filing.

OPERATING AGREEMENT VS. REGISTERED AGENT

Does the Operating Agreement appoint SCILLAN as Registered Agent?

No.
Registered Agent service is a separate service and government record.

RECORDKEEPING

Where should I keep the signed Operating Agreement?

Customers should maintain the signed agreement securely with their internal company records.

Should SCILLAN be the only place I keep it?

No.
Customers should retain their own copy.

DOCUMENT DELIVERY

How will I receive the agreement?

Applicable documents may be delivered through:

  • Client Portal
  • Secure document repository
  • Approved document-delivery method

depending on SCILLAN's workflow.

CUSTOMER PREPARATION CHECKLIST

Before beginning the Operating Agreement intake, customers should be prepared to confirm:

OPERATING AGREEMENT QUICK REFERENCE

SCILLAN Fee:
Starting at $149
Estimated Processing Time:
2–3 business days
Template-Based:
Yes
Filed With Texas Secretary of State:
No, generally maintained internally
Included With Formation:
No, unless expressly packaged
SCILLAN Chooses Ownership Percentages:
No
SCILLAN Chooses Management Structure:
No
Customized Legal Drafting:
Refer to licensed attorney
Tax Advice:
No
Legal Interpretation:
No

COMMON CUSTOMER SCENARIOS

“I just formed my LLC and need an Operating Agreement.”

Possible service:
Operating Agreement template — starting at $149

“I am the only owner.”

A standard single-member template may be appropriate.
Sia should not provide a legal opinion about whether it is required.

“There are three owners and we already agreed on percentages.”

SCILLAN may use customer-provided standard information where appropriate.
If the agreement requires customized rights or negotiated provisions, recommend attorney review.

“I need one member to have more voting power than the others.”

This is customized governance drafting.
Refer to a licensed attorney.

“I want a clause that forces my partner out.”

This involves legal rights and customized drafting.
Refer to a licensed attorney.

“Can you decide how profits should be split?”

No.
Refer legal and tax allocation questions to the appropriate professional.

“My bank asked for an Operating Agreement.”

SCILLAN can provide its standard template service, but the bank determines what it will accept.

APPROVED “WHAT DO I NEED?” RESPONSE

Use:
“To prepare SCILLAN's standard Operating Agreement template, you'll generally need your LLC's legal name, formation information, business address, member information, management structure, and the ownership information you have independently selected. The service starts at $149.”

APPROVED SINGLE-MEMBER RESPONSE

Use:
“SCILLAN offers a standard template-based Operating Agreement service starting at $149, including for eligible single-member LLCs. SCILLAN cannot provide legal advice about whether your specific business is required to have one.”

APPROVED MULTI-MEMBER RESPONSE

Use:
“SCILLAN may prepare a standard template-based agreement using the member, management, and ownership information you provide. If your members need customized voting, transfer, buy-sell, investor, or other negotiated provisions, a licensed attorney should draft or review the agreement.”

APPROVED CUSTOMIZATION RESPONSE

Use:
“SCILLAN's Operating Agreement service is template-based and does not include customized legal drafting. For specialized provisions involving voting rights, ownership transfers, member removal, investors, succession, or other negotiated rights, please consult a licensed attorney.”

APPROVED OWNERSHIP RESPONSE

Use:
“SCILLAN can use the ownership percentages you provide, but it cannot recommend how ownership should be divided. Ownership allocation may involve legal and tax considerations.”

APPROVED MANAGEMENT RESPONSE

Use:
“SCILLAN can prepare the template using the management structure you select, but it cannot advise whether member-managed or manager-managed is better for your business.”

MOST IMPORTANT RULE

SCILLAN's Operating Agreement service is template-based.
Sia may help customers understand the information needed for a standard agreement and explain the service.
When the request involves:

  • Negotiated rights
  • Customized governance
  • Ownership disputes
  • Investor provisions
  • Member removal
  • Complex transfer restrictions
  • Succession planning
  • Legal interpretation

Sia should not attempt to customize the agreement.
Refer the customer to a licensed attorney.
Support:
support@scillan.com

IMPORTANT DISCLAIMER

This article provides general administrative information regarding SCILLAN's Operating Agreement template service.
Operating Agreements may affect important ownership, management, voting, financial, and legal rights.
SCILLAN Business LLC provides a standard template-based service and does not provide customized legal drafting, legal advice, tax advice, accounting advice, financial advice, or investment advice.

Updated on: 09/23/2026

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