How to form an LLC in Nebraska

In addition to its many other advantages, a limited liability corporation (LLC) provides small enterprises with protection from legal responsibility and favorable tax treatment. 

Follow these easy steps to get your Nebraska limited liability company up and going after you’ve decided that an LLC is the most suitable corporation for your requirements.

Note that you have the option of forming the limited liability company (LLC) yourself, or you may work with a reputable incorporation service and registered agent to do all of the legwork on your behalf.

1. Think of a good name for your Nebraska LLC

When choosing a name for a limited liability company (LLC) in the state of Nebraska, there are two primary rules that must be followed:

• The name of a limited liability company (LLC) must be able to be differentiated from the names of already established firms on register with the Nebraska Secretary of State.
• One of the following terms or abbreviations must be used in the name of a limited liability company (LLC): “Limited Liability Company,” “L.L.C.,” or “LLC.”

See if your LLC name is available

You may check to see whether the name you want to give your limited liability company (LLC) is available for use in Nebraska by doing a search utilizing the Nebraska Secretary of State’s Corporate & Business Search.

Make a reservation for your Nebraska LLC name

Mail in an Application for Reservation of Company Name for your LLC to the Nebraska Secretary of State as soon as you have received confirmation that the name you have selected is not already taken. 

This will allow you to reserve the name for up to one hundred and twenty days. The charge to submit paperwork is $15.

2. Choose a Nebraska Registered Agent

A registered agent in Nebraska is required of every limited liability company operating in the state. If the limited liability company (LLC) is taken to court, this refers to a person or company that has agreed to accept service of process on its behalf.

It is acceptable for the Registered Agent to either be a resident of Nebraska or a commercial entity that is permitted to conduct operations in the state. It is required that the Registered Agent have a real, physical address in the state of Nebraska.

What exactly is the role of a Registered Agent?

A Registered Agent receives tax forms, legal paperwork, lawsuit notices, and government communication on your business’s behalf. Consider the role of your registered agent as that of the point of contact for your company with the state.

Who can be a Registered Agent?

A Registered Agent in Nebraska must either be an individual who resides in Nebraska on a permanent basis or a company that is permitted to carry out business in the state of Nebraska, such as a Registered Agent service. You have the option of selecting anybody who works for the organization, including yourself.

3. Submit an application for a Certificate of Organization

The Certificate of Organization is a document that lays forth fundamental information about your limited liability company and is responsible for formally establishing it. Because this form serves as the legal registration for your company with the state, it is essential that all of the details be accurate.

What info should be included on a Certificate of Organization?

When completing the Certificate of Organization for your Nebraska LLC, you are required to give the following information:

• LLC’s name
• LLC’s duration–perpetual or limited
• Address of the main office of the limited liability company Name and address of the registered agent for the limited liability company
• Location where the State Secretary should send notifications to the limited liability company (LLC) through mail.
• How the Limited Liability Company (LLC) will be run: by its members or by its managers
• Whether or whether the limited liability company will offer professional services
• Name and address of each person who organized the limited liability company, as well as the name and residence of at least one member or management who has direct knowledge of the activities of the limited liability company.

Certificate of Incorporation filing

You will need to submit a Certificate of Organization to the Nebraska Secretary of State in order to register your Nebraska limited liability company. 

You are able to apply for the license by creating your own Certificate of Organization in compliance with the regulations of the state of Nebraska, and then either uploading it to the state’s Corporate Document eDelivery system or sending it in through regular mail.

The Secretary of State of Nebraska does not make use of any formal form in the process of establishing a new limited liability company. When you submit a Certificate of Organization, which is a document that you prepare, the limited liability company is founded.

This document is required to include the name and address of the limited liability company (LLC), as well as the name and address of the registered agent, and it must also mention any professional services that the LLC is legally permitted to undertake in Nebraska.

The filing fee for a Certification of Organization is $110 for paper submissions and $100 for internet filings. You have the option of filing the paperwork via the mail or uploading it online. The processing time for online filings is normally between one and two full business days.

The following is the correct postal address: Post Office Box 94608, Lincoln, Nebraska 68509-4608

After you have founded your limited liability company, you are required to post a notification in a legal publication that is located close to the office of your LLC. It is required that the notice be published for a total of three weeks in a row. After that, you are obligated to provide evidence of publication to the Secretary of State’s office.

4. Obtain a Certificate From the State Office

After the formation paperwork of the LLC has been submitted and authorized, the state will issue you a certificate that proves the LLC officially exists. If you request a copy and pay appropriate postage, the state will mail you the certificate.

With this certificate, the limited liability company will be able to get an Employer ID Number (EIN), as well as business permits and a bank account for the firm.

5. Draft an Operating Agreement for Your Company

Even while establishing a detailed operating agreement for an LLC is not a legally required stage in the process of incorporating a limited liability company in Nebraska, it is highly suggested for all new limited liability firms.

The following items should be included in the operating agreement:

• Describe the business structure of the limited liability company.
• Determine the specific duties and commitments that each member of the limited liability company (LLC) has
• Operational structure of the LLC.

A limited liability corporation (LLC) may face legal and practical issues without an operating agreement.

6. Get your company tax ID (EIN)

A number of limited liability companies (LLCs) will be required to get a Federal Employer Identification Number (EIN), often known as a tax ID number. 

An Employer Identification Number (EIN) is a nine-digit number that identifies your company to the Internal Revenue Service (IRS). You need an EIN in order to pay federal employer taxes, open a bank account like a Bluevine account, or recruit staff.

On the website of the Internal Revenue Service (IRS), which is accessible without charge, you may check to see whether you require an EIN and submit an application for one online. 

The vast majority of companies are required to obtain an EIN, although a significant exception is provided for single-member limited liability companies, which are permitted to use the owner’s Social Security number instead.

Business permits

Depending on the nature of their operations and where they are located, some limited liability companies (LLCs) doing business in Nebraska may well be needed to get one or more business permits and licenses from the state or from their respective municipal governments.

Review the “Nebraska Start a Company Guide” offered by the Secretary of State for advice on how to satisfy the prerequisites for obtaining a state license to operate a business in the state. 

The Nebraska License Directory allows for the search and retrieval of specific license information. Contact a city or county clerk in the municipality or county where your LLC is situated for information on local licensing requirements.

7. File your Nebraska biennial report

Every alternative year, by April 1st, the biannual report on the limited liability company must be submitted to the Secretary of State. If not received by the 2nd of June, then it is regarded to be overdue. To submit the report, there is a ten dollar cost.

When limited liability companies fail to submit one or more required state filings, they put themselves at risk of facing penalties and potentially immediate dissolution. When something like this occurs, owners of LLCs run the danger of losing the protections afforded by limited liability. 

This consequence may be avoided with the assistance of a reliable registered agent service, which will keep you informed of approaching filing deadlines and will also file reports on your behalf.

What are the costs and the next step?

Costs

The filing fee for the Certificate of Organization with the Secretary of State of Nebraska is $100, with an additional $5 for each page. For a fee of $15, the Secretary of State of Nebraska can allow you to reserve the name of your limited liability company.

Consider the following additional fees that may be incurred by an LLC:

• Reserving a Name for an LLC
• Copy of certified documents 
• DBA (Doing Business As) name
• Receiving Your Certificate of Existence

Next Steps 

When you register a limited liability company (LLC), you establish a legal basis upon which to operate your firm. Companies should make it a priority to maintain their limited liability company in compliance with state regulations and in an active position on the state’s website.

In addition, having a registered limited liability company enables you to perform the following:

• Obtain any permissions or licenses that are required to run your business, such as those issued by the health department, the zoning department, the department of home occupations, the department of professional licensing, and so on. Some states need a seller’s permission to conduct sales
• Register your company with the department of revenue in your state.
• Create a bank account for your company.
• Create a credit card account for your company.
• Invest in insurance coverage for your company.
• Create a trademark to protect both your company’s name and its logo.

Do-it-yourself or professional service to setup your LLC?

To establish a limited liability company (LLC), you are not required by law to consult a lawyer. The majority of states enable the establishment of LLCs via the process of registering the business entity on the website of the secretary of state and with the Internal Revenue Service. (IRS).

If you are not acquainted with the process of forming an LLC, your best bet may be to hire a professional LLC provider so that you can be certain that the creation will go smoothly and quickly.

When entrepreneurs start a new firm, they may save startup costs and save valuable time by using a professional agency that specializes in company forms. 

They can take care of the things that you may not have time to think about for a price ranging from $50 to over $500, and some examples of such things are as follows:

• Developing an operating agreement for an LLC that details your company’s who, what, when, where, why, and how, and putting it into writing (required in some states).
• generating a Certificate of Organization that includes information on the registered agent, management of the LLC, and the date the company was formed.
• Taking up the role of registered agent for your firm.
• Keeping careful records in the event that there are investigations or litigation.
• Payment of filing fees and registration with the appropriate parties.
• registering the name of your company and ensuring that the name you choose for your limited liability company is accessible.
• Finishing up and turning in all of the necessary legal and formation documentation.

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