Start an LLC in Nebraska

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

Essentially, your 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.

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. When you register your domain name early, you’re more likely to get a name that meets 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 a domain name free for a year, plus your own customizable business website secured with SSL protection, and up to ten email business addresses connected to that domain.

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

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 a Nebraska Certificate of Organization for your 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).

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

In Person:
Nebraska Secretary of State
Business Services
1201 N Street, Suite 120
Lincoln, NE 68509

Once you’ve filed your Certificate of Organization, your LLC is in business in Nebraska. But you’ll need to do a few more things to attain good standing for your LLC and maintain it over your company’s existence.

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 in a local newspaper (as in, near your physical office space or designated office address) for three weeks.

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.

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, an operating agreement can establish how to conduct 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 work like a Social Security Number for the business. Without one, you’ll 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 losing your limited liability status, which risks losing personal assets if your business gets sued. To open a bank account, you’ll need your:

• LLC’s EIN
• Operating agreement
• Nebraska 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 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 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.