Start a Nebraska LLC

Step 1. Name Your Nebraska LLC

There’s more than meets the eye when it comes to naming your LLC in Nebraska. You can’t just pick whatever name you’d like and be done. First, you need to make sure the name you want is not already taken or too similar to another business’s name. We can show you how to do that with our Nebraska business name search page. You can also check name availability via the Nebraska Secretary of State’s website.

To comply with Nebraska state law, your company name is required to end with the words “limited liability company,” “limited company,” or the abbreviation L.L.C., LLC, LC, or L.C.; “Limited” may be abbreviated as “Ltd.,” and “company” may be abbreviated as “Co.” Additional information about name requirements can be found in the Nebraska Revised Statute 21-108.

If you have your desired name chosen before you’re ready to file your Certificate of Organization, you may also want to reserve the name so that it doesn’t get snagged in the meantime. Reserving your business name requires filling out an Application for Reservation of LLC Name and paying a filing fee. The registration lasts for 120 days and can be renewed at the same price as needed. If you plan on filing right away, however, you can skip this step.

When you’re coming up with a business name, it’s wise to consider whether you can secure a matching domain name so that your future website can be easily found online. We have a tool to help you do a preliminary domain name search, and our domain name registration service can help you secure the online name that will best serve your company.

Another thing to consider when it comes to your LLC name is whether you’ll want a Nebraska DBA. A DBA or “Doing Business As” name (sometimes called a “trade name”) is another name you can use for your business. Check the Nebraska Secretary of State Corporate and Business search site to see whether your desired DBA name is available. You’ll want to file it with the Nebraska Secretary of State Corporate Document eDelivery site.

To make sure you’re entirely in the clear with your business name, visit the United States Patent and Trademark Office website to see whether your business name or logo is federally trademarked. Trademarks can also happen at the state level. To find out if your desired business name is already trademarked and/or apply for a trademark of your own, go to the Nebraska Secretary of State website page for trademarks.

Step 2. Appoint a registered agent in Nebraska

You are required by law to maintain a registered agent for your LLC in Nebraska. When filing your Certificate of Organization with the state, you need to list the information and obtain the consent of a registered agent to have your business application approved.

But what is a registered agent?

A registered agent is an individual or business entity that receives legal paperwork or summons on behalf of your business. Because the government needs to know how to get that paperwork to you, Nebraska law requires your registered agent to have an office located in Nebraska (this has to be a street address and not a P.O. box).

While you have the option of acting as your own registered agent on behalf of your company, there are reasons why that might not be the best idea.

You may instead opt to use a registered agent service. Some benefits of going with a professional service include:

• Assistance in maintaining good standing: A registered agent service can make sure you meet the Nebraska Secretary of State requirements for having a registered agent available to receive service of process, avoiding penalties for not being in compliance.
• Focus your time on growing your business: With someone else available during traditional 9-to-5 business hours to serve as your registered agent, you can work on your business when you’re most productive.
• Discretion: If you provide your business address as your registered address, you risk being served with legal paperwork in front of customers or employees. Being served with a lawsuit so publicly could be embarrassing.

We can provide a Nebraska registered agent service for your LLC.

Step 3. File Nebraska Certificate of Organization

Now it’s time to file! The Certificate of Organization (also known as the Articles of Organization in many other states) is an official document that establishes your business entity and registers it with the state. Note for Nebraska there is no form for the Certificate of Organization. Rather, you have to create your own following the state statute and file it with the Nebraska Secretary of State.

Get Professional Help with Your LLC Filing

Filing official government documents like this can be intimidating and/or complicated for many people (especially in Nebraska, where there’s not a form to follow), which is why we’re here. With our business formation plans, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time. But, although we can handle this for you, we’ll show you how the process works below.

Your LLC’s Certificate of Organization can be filed online after paying a filing fee. If you are a foreign LLC (or out-of-state LLC), you will need to file a Certificate of Authority and pay a different fee to the Nebraska Secretary of State. If you wish to file for a foreign LLC by mail, you will need to create your own form, which should include the following information:

• The name of your company, including the LLC designator
• Members of the company
• The name and address of your registered agent or registered agent service (this should be a street address)
• If you are offering professional services, you need to indicate what these are and which members, managers, or employees are licensed accordingly
• The effective date for the start of the business

Keep Your Nebraska LLC Paperwork Organized

If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.

Once you get your physical paperwork back from the Nebraska Secretary of State approving your new LLC in Nebraska, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc. We offer a customized business kit to help you keep these important documents organized and looking professional.

Step 4. Create an Operating Agreement

The next important step when starting your LLC in Nebraska is creating an operating agreement. An operating agreement clearly defines all of the rules for your business, including how it will be run. While not legally required in Nebraska, an operating agreement can save you some headaches if disagreements occur in the future.

Some benefits of having an LLC operating agreement include:

• Clearly defined rules for all to follow
• A clear succession plan should the owner or a member leave the business
• Allows you to avoid some of the default rules of the state where the LLC was formed
• Can help secure funding from investors and lenders
• Can help resolve legal disputes in the event of a disagreement

If you’re unsure as to how to start creating an operating agreement for your Nebraska LLC, we offer a customizable operating agreement template to help get you started.

✓  If you’re unsure as to how to start creating creating an operating agreement, check out our Nebraska LLC operating agreement guide. Otherwise, if you decide to form your LLC with ZenBusiness, you’ll get a customizable operating agreement template to save you time researching and crafting the agreement yourself.

Step 5. Apply for an EIN

You may need to obtain an Employer Identification Number (EIN) to identify your limited liability company with the Internal Revenue Service (IRS) for tax purposes. This number can also help you get business bank accounts, hire employees, and more. An EIN, also known as a Tax ID Number or Federal Tax Identification Number, helps keep your personal assets separate from those of your business entity. This also reduces the possibility of identity theft since you won’t have to use your Social Security number for business purposes.

You can get your Nebraska LLC’s EIN through the IRS website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.

✓ Our LLC formation service includes obtaining an EIN for your LLC but we can also help you get an EIN for an existing company

Open a Business Bank Account

Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds. Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your limited liability company are truly separate entities.

We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.

For further help managing your new business’s finances, try ZenBusiness Money. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.

Step 6. Meet the Nebraska LLC publication requirement

One final step specific to the state of Nebraska is that all newly formed LLCs are required to publish notice of organization. Publication is achieved by taking out an advertisement in a legal newspaper with a general circulation near your business location. Costs vary depending on the newspaper, the number of words, and the length of time that the ad runs.

The ad must run for a minimum of three consecutive weeks, and Proof of Publication needs to be filed with the Secretary of State.