HOW TO FORM AN LLC IN NEBRASKA
Nebraska LLC Formation
Forming an LLC, also know as a “Limited Liability Company,” is an important landmark on your business journey. An LLC is a legal entity that separates your personal assets from the debts and liabilities of your company. Forming an LLC in Nebraska is a multi-step process that starts with filing the Certificate of Organization with the Nebraska Secretary of State.
Here’s What Our Nebraska LLC Formation Package Includes:
- Safe & Secure Access to a Personal Online Account
- Instant Service
- One Year of Registered Agent Service
- Compliance Reminders
- No Hidden Fees & Transparent Prices
|Nebraska LLC Formation Fee||$114.00|
|Our Formation Service Fee||$100.00|
|One Year of Registered Agent Service||$49.00|
Should I form an LLC in Nebraska?
When you are considering starting a new business, there are several different legal entity structures to choose from. Each entity comes with different rules and, of course, pros and cons.
The LLC is the newest type of legal business entity. Perks of forming an LLC include flexibility, easy maintenance, and the same level of asset protection provided by any other legal business entity.
Compared to a corporation, an LLC has far fewer rules and regulations. For example, an LLC is not required to have a board of directors or hold shareholder meetings. One drawback, however, is that many investors only invest in corporations because of their stability and structure.
Here’s How Our Process Works:
- You sign up. Our team of business experts prepare and submit the completed Certificate of Organization to the Nebraska Secretary of State.
- Then, you can sign into your secure digital client account to view or add any Nebraska state filings. This account is also where we will store any service of process or legal correspondence receive on behalf of your company.
- Once your Certificate of Organization is filed official with the Secretary of State of Nebraska, we will email a PDF copy of the document directly to you.
- We keep a copy of all official documents in your client account for your easy access at any time.
- When the time comes, we will send you reminders to file your annual report.
Do I need a registered agent to form an LLC in Nebraska?
All legal business entities must list a Nebraska Registered Agent on their formation documents before they file them with the Nebraska Secretary of State.
Why should I choose Nebraska Registered Agent LLC?
Here at Nebraska Registered Agent LLC, we believe in business and want yours to be successful. We provide the highest quality LLC formation package out there. With straightforward pricing, real human customer service (located right here in the Cornhusker State), and a love for efficiency, choosing Nebraska Registered Agent for your LLC formation is an obvious choice.
Can I form an LLC in Nebraska if I live outside of Nebraska?
Yes—you can form an LLC in Nebraska if you live outside of Nebraska. The only requirement is that you have a registered agent with a physical address in Nebraska.
How to Form an LLC in Nebraska
Step-by-Step Instructions for Forming an LLC in Nebraska
Complete & File the Certificate of Organization
- Choose a Name
Arguably the most important step, choosing the perfect name for your LLC is a moment to set your company apart. Before you get too set on your choice, though, you must make sure that it is unique and distinguishable from any other business entity that is registered with the Nebraska Secretary of State. To do, you can a comprehensive search at the Nebraska Secretary of State Corporate & Business Search website.
In addition to be unique, your LLC name must include the words, “Limited Liability Company,” or one of the following abbreviations: L.L.C., LLC, L.C., or LC.
- Choose a Registered Agent
A registered agent is a third party individual or entity that is elected by the formative members of the LLC to receive all legal correspondence on behalf of the company. A Nebraska registered agent must have a physical street address in Nebraska—PO box addresses are not valid.
You can serve as your own registered agent, but there are drawbacks. For example, your personal information will be on public record with the Nebraska Secretary of State.
Nebraska Registered Agent LLC offers 365 days of registered agent service for $49.
- Complete the Certificate of Organization
In Nebraska, the Secretary of State does not provide a PDF form of the Certificate of Organization. You can hire an attorney to draft one, draft one yourself, or we can complete the process from start to finish.
If you are going to draft the document yourself, you must include the sections required by the Nebraska (called “Articles”). For more information, you can reference the Nebraska Business Statutes.
- File the Certificate of Organization
There are two ways to file the Certificate of Organization in Nebraska: via mail or online.
To file your Certificate of organization via mail, send two copies of the completed Certificate of Organization and payment to:
Secretary of State
PO Box 94608
Lincoln, NE 68509-4608
The filing fee is $105. If you are filing by mail, you can pay by check or money order made of to “Secretary of State.”
Certificates sent via mail will be approved in 3-5 business days after they have been received by the Secretary of State. Once the document is approved and filed, the Secretary of State will send you back an official copy of your Certificate of organization stamped by the office.
To file your Certificate of Organization online, you can visit the Nebraska One-Stop Business Registration website. You are required to upload a PDF version of your drafted Certificate of Organization in addition to entering the information into the online portal. The information entered must match the information on the document or your filing will be rejected.
You can pay the $105 filing fee with with a credit or debit card. Keep in mind that there is also an additional $5/page recording fee.
If you submit your Certificate of Organization, it will be reviewed and processed within 1-2 business days. The official document will be available for download within one day after it has been processed.
If you want to expedite the service of an electronically submitted Certificate of Organization, you must contact the Secretary of State and request expedited service. The number to call is: (402) 471-4079.
Maintain Your New Company
There are a few steps you will need to complete to maintain your new company in Nebraska. These include:
Obtaining an EIN
An EIN is a unique nine-digit number that is issued by the Internal Revenue Service (IRS) for federal tax purposes. Getting an EIN is free and can be completed entirely online at the IRS website.
Drafting an Operating Agreement
An Operating Agreement is the backbone of your LLC. While you are not legally required to have one, this document is crucial to the successful operation of your company. An operating agreement outlines the policies and procedures of the LLC including the membership process, what happens if a member dies or divorces, the contributions and interest percentage of all members, voting rights and responsibilities, and the dispute resolution process.
If your LLC does not have an operating agreement, and ends up in any litigation, the business laws and statutes of Nebraska will apply to your company by default. This situation may not be in the best interest of your company.
Filing Biennial Reports
In order to maintain your LLC in Nebraska, you must file a biennial report with the Nebraska Secretary of State. Like the Certificate of Authority, Nebraska does not provide an official form for the biennial report. You can request that your business attorney draft one, you can draft one yourself, or we can draft and file the biennial report for you.
The biennial report must include the name of the company, the address of its registered agent, and the address of the principal office.
For LLCs, biennial reports are due in odd numbered years by April 1st. If the report is not received by the Secretary of State by June 1st, it will be considered late and your company will be administratively dissolved.
You may file your biennial report via mail or online at the Nebraska Secretary of State website. If you have missed the filing window, you should contact the Secretary of State office for directions on how to reinstate your LLC.
How do I contact the Nebraska Secretary of State?
You can contact the Nebraska Secretary of State via email or telephone, or you can visit the office.
1201 N Street, Suite 120
P.O. Box 94608
Lincoln, NE 68508
Phone: (402) 471-4079
Complete Any Additional Forms
Depending on the nature of your business and purpose of your company, you may be required to complete additional forms such as: