Although starting a business in Nebraska is exciting, it can also be overwhelming. The Secretary of State will be your first step in setting up your business entity. The limited liability company (LLC) is a popular type of business entity. An LLC allows owners (members), to reduce their liability exposure while still allowing them flexibility in taxation and management.
This guide will help you to navigate the steps to register an LLC in Nebraska. Continue reading to find out what you need to know.
Establishing an LLC in Nebraska
You don’t have to spend a lot of time or money to set up your LLC in Nebraska. Here are some tips to make the process more efficient.
Check Name Availability
The Secretary of State will need to verify the name you wish to use for your LLC. Two businesses cannot be registered in Nebraska with the same name.
To perform a preliminary search, you can use the online name search tool. For an official name availability check, email a written request to the Secretary of State’s office at firstname.lastname@example.org You can also fax your request to (402) 471-3666 or mail it to the Secretary of State’s Office, Business Services Division, P.O. Box 94608, Lincoln NE 68509.
When you decide on the name for your LLC, make sure to include “limited liability corporation” or “limited company” (or an acceptable abbreviation like “LLC”) in the name. This is required by law.
By completing the Application to Reservation of Limited Liability company Name with Secretary of State, names can be reserved up to 120 days. Name reservations can be made for $30.
Choose a Registered Agent
Registered agents form an integral part of your business as they are responsible for receiving important legal documents and other official documents. Nebraska requires that all LLCs have a registered agent. Nebraska residents must have a physical address and be able receive documents, such as lawsuit filings, from registered agents.
Named registered agent can be a local LLC member. A registered agent can also be hired. It costs between $50 and $300 each year.
Domain Name Reserved
To ensure that your domain name is online, register it as soon as you can. Marketing experts recommend choosing a name that is consistent with your company’s name or tagline. It doesn’t mean you have to create a website immediately. However, it is important that you purchase the domain right away so no one else can use it.
Register Your Nebraska LLC
The Nebraska Secretary of State does not require you to fill out any form in order to create a new LLC. You must file a Certificate of Organization. This document is what creates the LLC. The LLC’s name, address, registered agent’s names and addresses must be included in this document. It also should list any professional services that it is legally allowed to perform in Nebraska. A member or employee can license the company to offer professional services. The document should be signed by the member.
The cost of a Certificate of Organization filing is $100 online and $110 paper. The form can be sent by post or uploaded online. Most online filings are processed in one to two days.
The postal address is:
After you have created your LLC, you must publish a notice near the office in a local legal newspaper. You must publish the notice for at least three consecutive weeks. The Secretary of State will then require you to submit proof of publication.
After You Form Your Nebraska LLC
After you have filed the Certificate of Organization you will need to follow the next steps in order to formalize the business.
Make an Operating Agreement
For your corporation, create a record-keeping folder. This binder will contain all state-approved documents and any minutes of company meetings. The operating agreement should be the first document you put in the record-keeping binder.
The operating agreement is a document which outlines the roles of members, determines the company’s management and lists any contributions. It helps prevent confusion among members as to who is responsible for what. It helps to define the purpose of the business.
Register for an Employer Identification Number (EIN).
For tax purposes, most LLCs pass the income to their members. However, an EIN is required by the Internal Revenue Service (IRS) if there are more than one member of the LLC or employees. An EIN is a tax identification number you will need to file taxes, open tax accounts in your state and open a bank account for your business. You can get an EIN directly from the IRS.
Each odd-numbered year, the LLC biennial report must reach Secretary of State by April 1. If it is not received by June 2, the report is considered late. The report must be filed for $10
Correction of Filing Mistakes
It is possible that your LLC’s Certificate of Organization needs to be amended. This can be done for several reasons, including updating public information, changing registered agents or changing information for compliance or auditing. Online amendments are only $25 and $30 respectively. You can use the Amended Certificate of Organization Limited Liability Company form.
Drop the form at:
1445 K Street
Lincoln, NE 68508
Dissolving Your Nebraska LLC
You must close all tax and bank accounts when you dissolve a Nebraska business. The Secretary of State will then issue a Statement Of Dissolution Limited Liability company form. You can either file this form online, or send it to the Secretary.
Most Frequently Asked Questions
What is the cost of a Nebraska LLC?
The state charges $100 for the Certificate of Organization. Annual reports are $25.
Is it possible to have an LLC approved in Nebraska in less than a year?
Although the filing office should take action within 1-2 business day after submission, approvals for mail-in applications can take up to 4 weeks. Online registration speeds up the process by cutting down on time to just four days
Is Nebraska required to have a business license
The type of business you operate and the location where it is located will determine whether or not your company needs a license. Licenses are required for many industries. Your locality might have its own requirements for business licenses.