Start Your Nebraska LLC

Quick facts about forming a Nebraska LLC

Filing Fee	$110 (online) or $100 (by mail)
Processing Time	2-5 business days online; longer for mailed filings
Biennial Report Fee	$13 if filed online, $10 if filed by mail (biennial, due in odd-numbered years)
Registered Agent Required	Yes, must have an Nebraska physical address
State Franchise Tax	None for LLCs
Business License	No statewide business license, but local licensing may be required
Managing Authority	Nebraska Secretary of State

How to start an LLC in Nebraska in 5 steps

It can feel daunting to form an LLC in Nebraska, but it doesn’t have to be stressful or complicated. It’s far easier to get set up and operating when you have the right knowledge from the start. With information and support, you can get your LLC off the ground quickly, so you can start finding customers and building your business. Being in Nebraska is a good thing, too, because it’s a state that’s pretty friendly to businesses. It has a reasonable level of regulation and a realistic tax structure that can work for your LLC.

The state doesn’t have a general Nebraska business license requirement, so you don’t need to file for a state business license when forming your LLC. The state offers a business portal that can help you get answers to your questions and makes it easier to access and file all the forms you’ll need. You can find the right name for your new company and work your way down through the list of steps you need to take to make sure everything’s in order before you work with your first customer.

Being in compliance with Nebraska business requirements is extremely important. Before you start applying for any needed permits or other regulatory concerns, though, you have to actually form your LLC and get it registered with the state. Nebraska is not the least-expensive state for LLC formation, but it’s definitely one of the most reasonable and realistic when it comes to setting up your company there. Its business-friendly nature makes it a good place to get started on your LLC adventure.

Five main steps are required to form your Nebraska LLC:

1. Name your Nebraska LLC
2. Choose your registered agent
3. File articles of organization
4. Create an operating agreement 
5. Apply for an EIN

Here’s a detailed explanation to walk you through each step, so you can form your Nebraska LLC with confidence.

Step 1: Name your Nebraska LLC

What do you plan to call your new company? Deciding on a name is the first step toward getting everything registered and operational. You should choose a name that’s easy for customers to find and spell. Also consider how that name’s going to look in a URL, because running words together can have unintended consequences. It could even make your website name appear inappropriate, completely by accident. There are some specifics for a name in Nebraska, as well, including:

• Your company’s name has to include LLC, L.L.C., or Limited Liability Company
• Your company’s name can’t contain words that could cause government agency confusion, such as Treasury, State Department, FBI, CIA, or anything like that
• You may (but won’t always) need more paperwork and someone in your company’s management with a license if you use restricted words such as University, Bank, or Attorney

You can do a Nebraska entity search on the Secretary of State website to see if someone is already using the name you want for your company or see the status of any names you’re interested in. To formally check on the availability of a name for your use, though, you’ll need to submit a written request to the Secretary of State’s office. You can do this by e-mail at [email protected], through fax at (402) 471-3666, or by mail by sending your request to:

P.O. Box 94608
Lincoln, NE 68509-4608

Step 2: Choose a registered agent

The third step in forming your LLC and getting it up and running is choosing your Nebraska registered agent. All 50 states have this requirement, and it’s not something you can avoid. A registered agent is sometimes called a “resident agent” or a similar term. Nebraska uses the standard term of registered agent, which helps reduce confusion. There are three main requirements for a registered agent, which are:

1. Acting as the point of contact for your LLC when it comes to legal documents, lawsuit notices, tax forms, and any type of government correspondence
2. Being a legal resident of Nebraska, as it’s not possible to use a person or business entity in another state
3. Being (optionally) someone who’s already part of the LLC, which includes you

You have the option to choose a registered agent on your own, but you can also choose to use our registered agent services. If you have a lot of travel plans, you don’t work traditional hours, or you have other reasons you might not be readily available, using a registered agent service can give you peace of mind. It’ll be one less thing to worry about, and you’ll still get all the information you need to handle any concerns that come up for your LLC. You just won’t be the initial contact point for receiving paperwork.

Step 3: File articles of organization

The next step to setting up your LLC is filing articles of organization. In Nebraska, this is called the “Certificate of Organization”, and it can be filed through the mail or through the eDelivery option. You can choose whichever option is more convenient for you. If time is a factor, filing online may be the best choice.

State fees

The Nebraska LLC cost if you’re filing online is $103, which includes the $100 state filing fee and a $3 processing fee.

It costs $110 to file through the mail.

After your LLC is registered and active you will need to be compliant and file annual report Nebraska, which will require you to pay a fee as well. 

Requirements

You can draft your own certificate of organization as long as it complies with Nebraska’s requirements for LLCs. To make sure you’re in compliance, follow Nebraska Statute 21-117. The state doesn’t have a standard form for organization of an LLC. Creating your own is a viable option, and there may be pre-created templates available online, as well. If you select something that’s already been created by someone else, make sure it’s actually in compliance with state laws.

How to file

To file your certificate of organization, you can mail it to the Secretary of State at:

P.O. Box 94608
Lincoln, NE 68509

Or upload it through the eDelivery portal. There’s no option for in-person delivery, and filing online can be the easiest way to get your certificate of organization approved faster. Mail-in certificates often take longer to process.

Step 4: Create an operating agreement

The next thing you’ll want to do is create an operating agreement. Since there are no specific requirements for what these agreements involve, you can make up your own. Just make sure it gives the details you want to provide and all the specific information you and anyone else whose party to it should include. If the operating agreement doesn’t detail anything or protect the LLC’s members in any way, there’s really not a lot of point in having it.

Is an operating agreement a must?

You don’t actually need a Nebraska LLC operating agreement. But you can have one if you want to. It’s generally good practice to create one, since it helps you keep everything in writing and reduces any chance of confusion. An operating agreement outlines the operating procedures and ownership of an LLC. This helps make sure that all the owners of the business are on the same page and lowers the risk of conflict in the future. 

If you’re a single-member LLC and it’s just you operating everything, an operating agreement isn’t as important. But if you’re a multi-member LLC, it’s vital that you make sure you’re getting a strong agreement that works for all the company’s members. That way, you have something in writing that can be used if disputes arise. You can also provide quality information to anyone who wants to know about your LLC or who you may be thinking of bringing into the company as a member or partner.

If you do decide to create an operating agreement, make sure to include things like ownership structure, management issues, and voting rights. Those all matter, and they’re big areas that could become sticking points if there are future disagreements between members. You may also want to address what happens if a member passes away or wants to leave and whether there are buy-out opportunities for members to sell their part of the LLC to someone else, who you would then have to work with.

Step 5: Apply for an EIN

This is an IRS requirement, not a Nebraska-specific requirement, but it’s still extremely important. Anything that’s required by the IRS isn’t something you’ll want to ignore. An EIN (employer identification number) is nine digits long, and your LLC will need it to pay its employees. You can file for it easily, and the IRS will assign it to you. It’s very much like a Social Security number for a business. You will also use your EIN to open a bank account and file and manage federal and state taxes.

Getting your EIN is one of the services we provide, so you don’t have to handle it by yourself. If you’re concerned about it or you have questions, we’re here to help with all of that. You can also file for an EIN on your own, and it’s not going to cost you anything to do that. It’s easy for most LLCs to get, and you can choose to get your EIN online or by mail. Choose the option that’s more convenient for your needs. Just remember that getting your EIN by mail could take longer, and online options are usually faster.

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