Step 1: Name Your Nebraska LLC

Before you can register an LLC, you have to give it a name. Nebraska has specific requirements for that name. Your LLC name must:

1. Include the words “Limited Liability Company” or “Limited Company,” or an accepted abbreviation like “L.L.C” or “L.C.”

2. Not be the same or “deceptively similar” to a business name that has already been registered with the state.

How do I check to see if an LLC name is available in Nebraska?

To inquire about the status of a name in Nebraska, you can contact the Secretary of State’s office by email, postal mail, or fax. While Nebraska can verify a name’s availability, they cannot guarantee that the name will be accepted once you file it.

The Secretary of State can be reached by email at [email protected], by fax at 402-471-3666, or by postal mail at: Secretary of State’s Office, Business Services Division, PO Box 94608, Lincoln, NE 68509.

If your chosen name is available, you should see if someone else has registered it as a federal trademark or is using it as a domain name. If the name you want is already in use, it’s best to find out now rather than later, so you can rework your brand identity early enough to ensure your LLC’s branding is as consistent as possible.

When you hire us to form your Nebraska LLC, we can register your domain name for free and give you three months of website and email services. If you’re interested in trademark registration, our attorney-led service comes with a clearance check that searches for potential conflicts with trademarks that already exist.

Step 2: Choose a Nebraska Registered Agent

Nebraska state law requires you to hire and maintain a registered agent who can accept legal mail, including service of process notices and official government communications. A service of process notice means your business is being sued, making it especially important that your registered agent is someone trustworthy.

Your registered agent can be either an individual or a business entity. Individuals must reside in the state, while entities must be authorized to do business within the state.

Your agent must also have a physical address where they can receive legal mail. They should be available to accept legal mail during regular business hours Monday through Friday. They must also agree to represent your business and list their name and address on the public record.

Can I be my own registered agent in Nebraska?

You can, as long as you’re over 18 and have a physical address within Nebraska state lines. But you should also be fine with your name and address appearing on the public record and not mind staying in one place most of the day. If those conditions won’t work for you, you can hire a registered agent service instead.

Step 3: File Nebraska Certificate of Organization

To officially form an LLC in the Cornhusker State, you’ll submit a Nebraska Certificate of Organization. The paperwork must be completed properly for the state to accept your filing.

You can file your paperwork online or by mail. There’s a $110 fee to file by mail or in person, or a $100 charge to file online.

Your Certificate of Organization must include the following information:

• Organizer signature and name: This is the person preparing your paperwork.
• Business office address: List both a street address plus a mailing address if they’re different.
• LLC name: Make sure to use an accepted identifier like “LLC.”
• Name of initial agent: Nebraska sometimes calls a registered agent an “initial agent for service of process,” so list the registered agent’s name here.
• Registered agent address: A street address is required, while a PO box and mailing address are optional.
• Effective date: If you want your LLC to become active on a future date, include that here. Otherwise, it will be active the date it’s filed.

Step 4: Publish Notice of Organization

After your LLC is formed, Nebraska law requires that you publish a Notice of Organization three successive weeks in a newspaper “of general circulation” in the same county as your LLC’s designated office. The notice should include your LLC’s name, designated office, and registered agent information.

The price for placing that notice will vary depending on which newspaper you use, so call your local paper to ask about the procedures for placing a legal notice. The newspaper should send you a legal document called Proof of Publication after your notice runs for three consecutive weeks. You then have six months from publication to submit Proof of Publication to the Nebraska Secretary of State. It costs $30 to file in person or by mail, or $25 to file online.

If you hire us to form your LLC, you can use our address as your principal business address. Depending on where you live, this could save you a few bucks in publication costs.

Step 5: Set Up Business Operations

Once Nebraska approves your Certificate of Organization, you officially have an LLC. But you’ll still need to do more to finish establishing your business and protect your limited liability.

1. Draft an operating agreement: Your operating agreement is a user manual for how your LLC functions. It should include everything from procedures for resolving disputes between members to how the LLC will be managed. It’s an internal document, so you don’t need to file a copy with the state, but you should bring a copy of your agreement to the bank when you want to open a business bank account.

2. Get an EIN: EIN stands for Employer Identification Number. To get one, you’ll need to go through the IRS (there’s no charge). An EIN is vital if you want to open a bank account and hire employees. If you’re a single-member LLC, you may be tempted to simply use your Social Security number, but that’s a less secure option than getting an EIN.

3. Establish a business bank account: You should open a business bank account to ensure your business funds remain separate from your personal funds. Without a business bank account, you’re putting your LLC’s limited liability at risk.

4. Obtain licenses and permits: There’s no general business license in Nebraska, but you may have to get a license if you’re involved in specific industries. The Nebraska Department of Health and Human Services has more information on profession-specific requirements.

Some cities and counties have their own licensing requirements too. So if you’re in Omaha, you should check with city officials and find out what you need to do before you open your business.

You may also need to register your business with the Nebraska Department of Revenue to pay Nebraska’s sales and use tax.

Step 6: File BOI Report

As of 2024, most businesses are legally required to file a Beneficial Ownership Information (BOI Report). This requirement stems from an effort by Congress to clamp down on fraud and money laundering.

For the BOI Report, you must list information about the company’s beneficial owners, aka the people who have a significant amount of control or influence over your LLC. If you formed your LLC after January 1, 2024, you also must include information about the person or entity who filed your formation paperwork.

Not thrilled by the prospect of more paperwork? We can file the BOI Report for you when you hire us to form your Nebraska LLC.