Start an LLC in Nebraska

When you file formation paperwork with the state, you decide on your official LLC name. Before you land on what to call the business, you’ll need to make sure it hits all the requirements of a Nebraska LLC name. These requirements are listed in Neb. Rev. Stat. § 21-108.

But basically, your Nebraska LLC name needs to:

• Contain the words “limited liability company” or an abbreviation like “LLC” or “Ltd. Co.”
• Be unique among registered business names in Nebraska. This means your name can’t be the same as any other business registered in Nebraska.

Have a name in mind? You can do a Nebraska business name search to see if it’s available.

Tip: You can reserve a business name for 120 days if you file the Application for Reservation of a Limited Liability Company Name. It costs $30.

A good business name can help you choose a good domain name. A domain name, or a website address, usually matches or compliments your business’ legal name. This makes your website seem safe and professional. Registering your domain name early can give you peace of mind to build your virtual presence at your own pace.

Being in business means being in contact with vendors, clients, customers—the public. Once you have a domain name, you can get a business email address. A professional email address makes your business seem trustworthy. Plus, it bolsters your privacy to not give out your personal email.

Tip: You get a domain name and business email address free for a year when we start your Nebraska LLC.

The Certificate of Organization is the formation document you submit to the Nebraska Secretary of State to start your Nebraska LLC.

Nebraska is unusual in that they don’t offer a standard form to download and fill out. Instead, you have to create your own document or use a template (like the one we provide at the top of this page) that meets Nebraska’s requirements.

The Certificate of Organization costs $110 if you file in person or by mail. It costs $100 if you file online. All the information on your Certificate is part of the public record, meaning anyone can access it.

When filing your Nebraska LLC, you need to include your:

How do you “file” Nebraska Certificate of Organization?

You can file your Certificate online (for $100) or by mail/in person (for $110). It takes 1-2 business days for your Certificate of Organization to be processed.

Online:

Nebraska’s eDelivery System

(You’ll need to upload a signed PDF).

By mail or in person:

Secretary of State
P.O. Box 94608 Lincoln, NE
68509

The Nebraska publishing requirement means all that information you put in your Certificate of Organization needs to be published in the paper so everyone can see it. This should be published in a local newspaper (as in, near your physical office space/designated office address) for three weeks.

After three weeks, the paper will send you an Affidavit of Publication. This is proof of publication. You just submit this to the Nebraska Secretary of State.

How do I “file” my affidavit of publication?

Some newspapers will send you one automatically, some will file for you, and some will forget all about it. It’s important to follow up once your three weeks are up to make sure you’re on their radar.

Once you’ve got it, the process is easy. Just submit the affidavit to the Secretary of State online via PDF for $25 or send it through the mail with a money order for $30.

Operating agreements are not required by law in Nebraska, though you might need one to open a business bank account. Nearly all businesses choose to adopt an operating agreement even though it’s not required because it sets clear rules and processes. For example, it can cover voting, distributing losses, and even dissolving the business. Without an operating agreement, your business is vulnerable to legal trouble.

Tip: You don’t have to be a lawyer to write an operating agreement. That said, we know it helps. So we had our attorneys draft a Nebraska operating agreement for you to use.

Employer Identification Numbers (EIN) are assigned by the IRS and used like a social security number for the business. Without one, you have to put your own SSN on things like vendor documents and loan applications.

To get an EIN, just file Form SS-4 with the IRS. Alternatively, give us a shout and we’ll get your EIN for you.

EINs are legally required if you are a multi-member LLC, have employees, or are taxed as a corporation. Plus, you need an EIN to open a business bank account.

Not opening a business bank account can result in you losing your limited liability status, which could mean losing your personal assets if the business gets sued. To open a bank account, you’ll need your:

• EIN
• Operating Agreement
• Nebraska LLC Certificate of Formation (a copy is fine)
• LLC Resolution to Open a Bank Account (if your LLC has multiple members)

Tip: If you don’t have a social security number, you can call the IRS and file a paper application to get an EIN.

Every other year, Nebraska LLCs need to file a biennial report. This report tells the state who owns your LLC and how to get in touch with your business. It only costs $10 to file.

Biennial reports are due by April 1st and are considered delinquent on June 2nd. That means if you forget to file before June 2nd, your business will be administratively dissolved. Big yikes! If you’re worried about remembering, you can hire us to file your Nebraska Biennial Report for you.

Nebraska LLCs need to file a Beneficial Ownership Information (BOI) Report within 90 days of forming their business with the state. The report tells the federal government who owns and influences the business. It’s free to file, and you only need to file amendments if the information reported changes, like if you get a new owner.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.