Want to form an LLC in Nebraska? This guide will help.
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by Rudri Bhatt Patel
Rudri Bhatt Patel is a former attorney turned writer and editor. Prior to attending law school, she graduat...
Updated on: August 4, 2024 · 6 min read
A limited liability company (LLC) offers liability protection and tax advantages, among other benefits for small businesses.
LLC formation in Nebraska is easy. Just follow these seven easy steps, and you'll be on your way.
You'll need to choose a name to include in your articles before you can register your LLC.
Names must comply with Nebraska naming requirements. The following are the most important requirements to keep in mind:
See a complete listing of Nebraska naming rules.
Nebraska requires you to appoint a registered agent for your LLC.
A registered agent is the person or entity authorized to receive service of process and other official legal documents and notices on behalf of your LLC.
A registered agent can be a person (including yourself or an employee of your LLC) or an entity that offers a registered agent service. They must meet the following criteria:
The certificate of organization (called articles of organization in other states) is a document that officially establishes your LLC by laying out basic information about it.
Prepare your certificate of organization and file them with the Nebraska Secretary of State to register your Nebraska LLC properly. Though it sounds like a big job, that simply means filling out a relatively simple online form and submitting it. You can also send it by mail.
To prepare your articles, you'll usually need the following information:
Once you file your certificate, the secretary of state will review the filing. If the certificate is approved, the LLC becomes a legal business entity.
In Nebraska, all owners of newly formed businesses must publish a notice of formation in one newspaper for three consecutive weeks. It must include the name and address of the business, the name, and location of the registered agent, and, if applicable, the professional services offered. The owner must publish the notice within 45 days of the formation of the LLC. After notice runs for three weeks, the newspaper will send the Affidavit of Publication to the LLC. The LLC must file the Affidavit of Publication with the Nebraska Secretary of State.
The state will issue you a certificate that confirms the LLC formally exists after the LLC's formation documents are filed and approved. If you file your LLC paperwork via mail, the Secretary of State will send a stamped, approved copy of your certificate of organization. If you file online, you will be able to download the certificate.
This certificate will allow the LLC to obtain an Employer Identification Number (EIN), business licenses, and business bank account.
An operating agreement is a document that outlines the way your LLC will conduct business.
Nebraska doesn't require an LLC to file an operating agreement, but it is an essential component of your business. Having a readily accessible, written operating agreement is helpful for various reasons, including settling disputes that may arise over financial agreements and other potential litigation. Without an agreement in place, the courts make determinations based on state law, not necessarily what is in the best interest of the LLC and its members.
The operating agreement can include, but is not limited to, the following:
The nine-digit Employer Identification Number (EIN) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or online through the IRS.
The purpose of an EIN is to assist with the following:
Registering your LLC gives you a legal foundation to conduct business. Plan to keep your LLC compliant and in active status on the state's website. To maintain your LLC in Nebraska, you must file a biennial report with the Nebraska Secretary of State. The report is due in odd-numbered years by April 1.
The LLC must make its quarterly tax payments. You also need to maintain a registered agent for your business.
A registered LLC also makes it possible for you to do the following:
Every state has different rules, costs, and considerations for LLC formation.
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