Start an LLC in Nebraska

State law requires your Nebraska LLC name to be unique among registered business names. Here are a few tips for ensuring your preferred name works both legally and from a marketing standpoint.

• Run a Nebraska business name search to see if the name you want is available.
• Look up available domain names and aim for one that either matches or complements your preferred LLC name.
• Search the U.S. Patent and Trademark Office database to make sure no one’s using a trademark that sounds similar to your company’s name.

Your name should also contain the words Limited Liability Company or an abbreviation like LLC or Ltd. Co.

After choosing your LLC’s name, a good next step is locking down a domain name for your business website. Your domain name (URL) is the web address to your site.

A professional domain name should be easy to remember—and ideally, match or complement your business name. The earlier you register your domain name, the better chance you have of getting a name meeting those standards.

You’ll need to claim a business domain name through a registrar. When you hire Northwest to form your LLC, domain registry is one of many in-house services we provide, so you also get an instant domain name, plus your own customizable business website secured with SSL protection, a professional email address connected to that domain, and Brand Protection.

All LLCs in the state are required to appoint an Nebraska registered agent. A registered agent is an individual or a company (like Northwest) designated to receive legal and state mail on behalf of your business.

Your Nebraska registered agent must:

• Have a physical address in Nebraska (no P.O. Boxes)
• Be present at that address during regular business hours (9 AM to 5 PM)
• Agree to accept service of process on behalf of your LLC

The registered agent you use is a key part of your business identity. What’s a business identity? It’s the way you present yourself to the world, including potential customers and clients. You start building a business identity as soon as you form a business, and at Northwest, our Registered Agent Service can help strengthen that identity.

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

Nebraska is unusual among states in not providing a standard form to download and fill out. Instead, you have to create your own document or use a template (like the one at the top of this page) that meets Nebraska’s requirements.

The fee for submitting a Certificate of Organization is $100 when filed online, $110 if you file in person or by mail. All the information on your Certificate becomes public record, meaning anyone can access it.

When filing a Certificate of Organization for your Nebraska LLC, you need to include your:

The previous requirements are the bare minimum of information needed for a Nebraska Certificate of Organization, but you can include other items as well. For example, you may include a delayed effective starting date, postponing the day your LLC officially starts.

Nebraska has a publication requirement for LLCs, requiring you to publish all the information filed in your Certificate of Organization in a newspaper and notify the public of your company’s formation. This should be published for three weeks in a local newspaper near your physical office space or designated office address.

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

Your LLC’s operating agreement is a document agreed upon by all members that defines the way the business will be run. An operating agreement can establish how to conduct voting, the distribution of losses, and even how to dissolve the business, among many other things.

Operating agreements are not mandatory in Nebraska, though you might need one to open a business bank account. However, even though it’s not required, nearly all LLCs adopt operating agreements to set clear rules and processes. Without an operating agreement, your business may be vulnerable to internal disputes and legal trouble.

Tip: You don’t have to be a lawyer to write an operating agreement, but 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 work like a Social Security number for the business. Without one, you’ll have to use your personal SSN on things like vendor documents and loan applications.

To get an EIN, 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.

Every other year, Nebraska requires LLCs 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 1 and are considered delinquent on June 2. That means if you forget to file, or file late, your business will be administratively dissolved. Yikes! If you’re worried about remembering, you can hire us to file your Nebraska Biennial Report for you.