The Nebraska Publication Requirement
To meet Nebraska’s publication requirement, LLCs and corporations must:
Publish a Notice of Organization (for LLCs) or Incorporation (for corporations) in a local, legal newspaper.
Obtain Proof of Publication from the newspaper.
File your Proof of Publication with the Nebraska Secretary of State.
It’s like advertising a litter of puppies in the classifieds, but less cute. In this guide, we’ll walk you through the process of publishing your Nebraska LLC or corporation.
Interested in LLC publishing rules in general? Visit our LLC Publication Requirements page.
How to Meet the Publication Requirement in Nebraska
Domestic LLCs and corporations in Nebraska are required to publish a legal notice in a local newspaper announcing their formation to the public, obtain Proof of Publication from the newspaper, and file that Proof of Publication with the Nebraska Secretary of State. There is no specific deadline for when you need to publish your legal notice, but you don’t want to dilly dally—failing to publish could jeopardize your limited liability status. After you publish your notice, you must file your Proof of Publication with the Secretary of State within six months.
Publish Your Notice of Organization or Incorporation
For LLCs, the legal notice you’ll publish is called a Notice of Organization. For corporations, it’s called a Notice of Incorporation. The requirements for both entities are mostly the same—you’ll need to publish your notice:
- in a legal newspaper
- for three consecutive weeks
- in the county where your business’s designated office (principal business address) is located
To publish your legal notice, you will need to call a newspaper in your county and ask if they are a legal newspaper and what their fees are to publish legal notices. Publishing fees vary widely between newspapers. Some newspapers expect you to draft the legal notice yourself while others, like the Omaha World-Herald, require you to fill out an online submission form.
Get Your Proof of Publication
Once your legal notice has run in three consecutive issues of a newspaper, the newspaper should send you a Proof of Publication, which is a written oath that your legal notice was published by a legal newspaper. If you do not receive your Proof of Publication within about a week, call the newspaper to request it.
File Your Proof of Publication
After you receive your Proof of Publication, you must file it with the Nebraska Secretary of State within six months of publishing your legal notice. You can scan your Proof of Publication and upload a PDF to Nebraska’s eDelivery system or send your Proof of Publication to the Nebraska Secretary of State via snail mail. Or, if you’re in Lincoln, you can drop it off in person. The filing fee is $25 online and $30 by mail or in person.
Nebraska Publication FAQs
What businesses have to publish a legal notice in Nebraska?
In Nebraska, domestic LLCs and corporations need to publish a legal notice announcing their formation. Nebraska businesses also need to publish legal notices to announce amendments, mergers, dissolution, and some other events.
How do I know if a newspaper in Nebraska is a “legal newspaper”?
To be considered a legal newspaper, a publication must:
- have at least 300 paid, weekly subscribers.
- have been publishing for at least 52 consecutive weeks.
- be printed, at least in part, in the county where the newspaper is located.
How much does it cost to publish your Notice of Organization or Incorporation in Nebraska?
It depends. First, you’ll need to pay a publication fee to the newspaper. Fees varies widely by newspaper, but are typically cheaper in smaller counties. Most newspapers charge by the line, so the shorter you can make your legal notice while still including all the necessary information, the better!
Publication fees range from around $40 to $250. The fee to file your Proof of Publication with the Nebraska Secretary of State is $25 online and $30 by mail or in person.
How can I save money on the NE Publication Requirement?
Since publication fees tend to be much cheaper in some counties than others, you can save money on your publication requirement if your business is located in a county with lower fees. If you’re thinking, umm, that’s great, but I don’t want to relocate my business—you don’t have to. You just need to hire a registered agent whose office is located in a county with lower publication fees and make sure they will allow you to list their business address as your designated office address on your Certificate of Organization or Articles of Incorporation. We do that!
If you hire Northwest as your registered agent, you can use our address in Lancaster County as your designated office address. Lancaster County’s publication fees are significantly lower than in much of the state, including Douglas County. So for Omaha LLCs and corporations, publishing legal notices in Lancaster County can save you substantial cash.
Intrigued? Learn more about hiring a Nebraska Registered Agent.
How long does it take to publish your business in Nebraska?
You’re legally required to publish your legal notice for three consecutive weeks. After that, the newspaper will send you a Proof of Publication, which you’ll need to file with the Secretary of State. There’s no specific deadline for when you need to publish your legal notice, but you might as well get it taken care of right away so you don’t forget. Once your legal notice has run for three weeks in a legal newspaper, you have six months to file your Proof of Publication.
What goes into a Nebraska LLC Notice of Organization?
According to NE Rev. Stat. § 21-93, all LLCs in Nebraska need to publish a Notice of Organization, which must include the same information required by the Nebraska Certificate of Organization. This required information includes:
- the name of the LLC
- the street and mailing address of the designated office
- the street and mailing address of the registered agent (sometimes called an “agent for service of process”)
- if company is a PLLC, the professional services they’re authorized to provide
Here is an example of a what a Notice of Organization (for LLCs) might look like:
Notice is hereby given that Jane’s Cheese Shop, LLC, a Nebraska Limited Liability Company, has been organized under the laws of the state of Nebraska, with its initial designated office at 123 Main St., Lincoln, NE 68522. The initial agent for service of process is Jane Doe, 456 1st Ave, Lincoln, NE 68522.
What goes into a Nebraska Notice of Incorporation?
Per NE Rev. Stat. § 21-2, 229, Nebraska corporations are required to publish a Notice of Incorporation to announce their business formation. The information you’re required to include on the Notice of Incorporation is similar to the information required on the Nebraska Articles of Incorporation. On your Notice of Incorporation, you need to include:
- the name of the corporation
- the amount of shares your corporation can issue
- the registered office street address
- the registered agent
- the names and addresses of your incorporators
Note: if you hire a registered agent to incorporate, your registered agent will be your incorporator. Doing so can help you avoid publishing your home address in the newspaper.
What happens if I ignore the Nebraska publication requirement?
There is no specific penalty for failing to publish your business in Nebraska. However, publication is a legal requirement for Nebraska corporations and LLCs. If you fail to publish, you risk losing your business’s good standing, which could potentially jeopardize your liability protection.
How can I avoid publishing my address in a newspaper?
It’s totally crazy that Nebraska expects you to publish your incorporators’ street addresses in a newspaper! Have they ever heard of privacy?
Addresses that are published in a newspaper typically end up on “public records” websites. And marketers love to mine that data and send business owners junk mail. Plus, who knows who could show up on your doorstep once your information is out there.
If you’re concerned about your privacy, it’s worthwhile to hire a Nebraska registered agent. As long as the registered agent’s business address is listed as your registered office on your Certificate of Organization or Articles of Incorporation, you can put their address on your legal notice instead of your own.
What is a Proof of Publication?
A Proof of Publication (sometimes called an Affidavit of Publication) is a legal written document swearing that a legal notice was published. The Proof of Publication states when the notice was published and that the newspaper meets the requirements of a legal newspaper. Each newspaper’s Proof of Publication will look different, but they are typically notarized. You must file your Proof of Publication with the Secretary of State within six months after your legal notice runs.
How do I file the Proof of Publication?
You can file your Proof of Publication with the Secretary of State online, by mail, or in person. The filing fee is $25 online and $30 by mail or in person.
Secretary of State
P.O. Box 94608
Lincoln, NE 68509-460860
1201 N St. Suite 120
Lincoln, NE, 68508