STATE OF _____________ COUNTY OF _________ COURT OF ________ ) ) ) Plaintiff ) ) v. ) ) ____________________, LLC ) ) Defendant. ) ) ______________________________) ____________________ Interrogatories
1. "Representative" shall be liberally construed and shall include attorneys whether of record or not, insurers, adjusters, investigators, consultants, sureties, investigators, agents, employees, officials, officers, subagents, branches and departments. Each Interrogatory hereinafter set forth not only calls for your knowledge, but also for all knowledge that is available to you and each of your representatives by reasonable diligence. 2. The word "person" as used herein shall be deemed to mean any natural person, partnership, corporation, municipal corporation, state or governmental agency, or any other form of legal entity of whatever nature. 3. Whenever in the following interrogatories any writing must be described or identified, all writings in the possession or control of yourself and your representatives are included, and all such writings shall be identified by date, author, addresses, title, subject, title of document (contract, invoice, work order, letter or other identifying designation), number and physical description. As to each such writing, the address of the present custodian hereof, are also requested. 4. The term "writing" is used herein in its broadest sense, and includes any original reproduction or copy of any kind of writing or any documentary material, including, without limitations, correspondence, memoranda, inter-office communications, notes, diaries, contract documents, drawings, plans, specifications, estimates, vouchers, permits, written
ordinances, minutes of meetings, invoices, billings, checks, reports, studies, telegrams, notes of telephone conversations, and notes of any oral communications. 5. With respect to each Interrogatory herein relating to oral communications, it is intended and requested that the answers to each said Interrogatory set forth whether or not the oral communication was by telephone, or face to face, and also that each answer set forth the names, addresses, business positions and occupations of each individual involved in the said communications, and the names and addresses of any other persons present during said communications. 6. Whenever, in the course of answering these interrogatories, information is called for which is other than within the personal knowledge of the person executing the answers hereto, you are requested, in addition to providing such information, to provide the name, address, telephone number, official capacity and job title of each person providing such information to you, or if the information is obtained from a writing, to identify each such writing as described above. 7. Pursuant to the Rules of Civil Procedure you are required to answer these interrogatories and furnish the requested documents within thirty (30) days of receipt hereof or, if served with the Complaint, within forty-five (45) days of receipt. 8. Supplementation of responses to these Interrogatories is required. INTERROGATORIES 1. State the name, address and current telephone number of each member of the Defendant LLC. 2. State the percentages of ownership interest in the Defendant LLC held by each person listed in your response to Interrogatory #1. 3. State the amount and type (cash or tangible assets) of consideration contributed by each person listed in your response to Interrogatory #1 in exchange for that percentage of ownership interest in the Defendant LLC listed in your response to Interrogatory #2. 4. State the names of the officers and managers of the Defendant LLC.
5. Event]. 6.
List the assets of the Defendant LLC on [Date of List the debts of the Defendant LLC on [Date of Event].
7. List the assets of the Defendant LLC as of the date of the response to these Interrogatories. 8. List the debts of the Defendant LLC as to the date of the response to these Interrogatories. 9. State the name of the banking institution and account number of each bank account maintained by the Defendant LLC. 10. As to each account listed in your response to Interrogatory #9, state: a) The date when such account was opened; b) The date when such account was closed; and c) The names of all persons who are or were authorized to write checks on or make withdrawals from such account. 11. At any time since the incorporation of Defendant LLC until the date of these interrogatories, has there been a time when the assets of the LLC equaled or exceeded its liabilities? If so, state: a) The time when this situation existed; b) What the assets were at each instance; and c) What the liabilities were at that time. 12. State whether any officer, manager, or member of Defendant LLC ever used his or her personal assets to pay an obligation of Defendant LLC. If so, state: a) The time and place of each transaction; b) The amount of the obligation paid in each instance; c) Arrangements, if any, for repayment by the LLC; d) Whether repayment has been made; e) The date of repayment; and f) Whether there is a note evidencing such obligation by Defendant LLC. 13. State whether any officer, manager, or member of Defendant LLC has ever taken any money owing to Defendant LLC and used it for personal, rather than company purposes. If so, state: a) The time and place of each such transaction; b) The amount of money involved in each transaction; c) Arrangements, if any, for repayment to the LLC; d) Whether repayment has been made; e) The date of each repayment; and
f)
Whether there is a note evidencing such obligation to Defendant LLC.
14. Since the year of organization of Defendant LLC to the present, if the LLC has ever declared a cash distribution, state; a) The date of each declaration; b) The amount of each distribution declared; c) All such declared distributions that were paid; and d) The date of payment of each distribution. 15. State the gross income received by Defendant LLC, from any source whatever, in each of the last five (5) fiscal or calendar years. 16. State the net income realized by Defendant LLC in each of the last five (5) fiscal or calendar years. 17. Has Defendant LLC loaned any of its assets to any officer, manager or member? If so, state: a) The date of the loan' b) The amount of the loan' c) The rate of interest; d) The person to whom the loan was made; and e) Whether security was given for repayment. 18. Has Defendant LLC, from the date of its organization to the date of these interrogatories paid any salary or compensation of any sort to any person who is also an officer, manager or member? If so, state: a) The name of the officer, manager or member; b) The date(s) when any such salary or compensation was paid to such officer, manager or member; c) Describe the services performed by such officer, manager or member in exchange for such salary or compensation; and d) The date(s) when such services were performed by such officer, manager or member. 19. State whether funds or assets of Defendant LLC have been used or diverted to satisfy personal obligations, debts, or liabilities of any of its managers, officers, or members. If so, state: a) The name of the officer, manager, or member requesting or benefiting from such diversion of LLC assets; b) The amount or quantity of corporate assets diverted to such use; c) The date of such diversion; and d) The identity of the party or entity receiving such funds or assets.
20. Has any manager, officer, or member of Defendant LLC ever been adjudicated or held personally liable or responsible for a debt or obligation of Defendant LLC? If so, state: a) The nature of the debt of obligation; b) The amount of each obligation; c) The officer, manager, member upon which liability was imposed; d) The date which liability was imposed; and e) Whether the debt or obligation has been satisfied. DATED: _______________________