How to Start an LLC in Nebraska

A Nebraska LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in Nebraska guide, we’ll break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your structure.

Nebraska LLC

In order to form an LLC in Nebraska, you’ll need to complete the following steps:

1. Name Your Nebraska LLC
2. Pick a Nebraska Registered Agent
3. Submit the Certificate of Organization
4. Satisfy Nebraska’s Publication Requirement
5. Create a Nebraska LLC Operating Agreement
6. Get an EIN
7. File Your BOI Report

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your Nebraska LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name will need to represent your brand accurately, as well as be as memorable as possible.

In Nebraska, all LLC names need to abide by the following statutory guidelines in order to be accepted by the Secretary of State:

• Unique and Distinguishable: Your LLC name must be distinct from any other registered business entity in Nebraska. This includes corporations, limited partnerships, and trade names.
• Legal Designators: Your name must include the words “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.”.
• Prohibited Language: The name cannot imply a purpose other than what is stated in your formation documents (known as the Certificate of Organization).

Keep in mind that the final decision regarding an LLC name’s availability is made by the Secretary of State’s office when you submit your organizational documents, meaning that even if your name is initially approved, it is not guaranteed until this final review.

For further assistance, you can visit the Nebraska Secretary of State’s website or contact their Business Services Division directly via phone or email.

Note: Even though picking an LLC name in itself has no cost, there are certain fees that can be associated with the overall process.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later by submitting a Reservation of Limited Liability Company Name form with the Secretary of State ($30 fee). This will keep anyone from being able to take the name you plan to use for 120 days.

If you need more than 120 days, you’ll have to wait for the reservation to expire before you can renew it, meaning you’ll need to reapply and pay the fee again after the initial reservation period ends.

Register a DBA Name

Another potential cost associated with naming your LLC is a “doing business as” (or DBA) name. This is essentially a nickname that you can choose to register for your business to operate under — particularly if you’re not content with your LLC’s legal name.

Registering a DBA name can be done either online through the Secretary of State’s website (with a $100 processing fee) or by completing this Application for Registration of Trade Name form and mailing it to the Secretary of State (with a $110 fee).

Nebraska law mandates every trade name registration to be published once in a newspaper of general circulation in the city or village where the business is located.

If no such newspaper is available, it should be published in a newspaper of general circulation in the relevant county.

You must file your proof of publication with the Secretary of State within 45 days of registering; if you don’t, your trade name registration will be canceled.

Note: DBA names in Nebraska remain valid for a period of 10 years, after which they will need to be renewed.

Buy a Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s URL address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Registered Agent

The next step you’ll need to take toward forming your LLC is to pick a registered agent.

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications; you’re required to continuously maintain one as long as your LLC is active.

Your registered agent can be an individual or business entity, but will need to satisfy the following requirements:

• The registered agent’s office address must match the registered office of the LLC and be continuously maintained within the state.
• If the registered agent is an individual, they must either be a member of the LLC or a resident of Nebraska.
• If the registered agent is a corporation, it must be authorized to transact business in Nebraska.

Keep in mind that to change your registered agent or office location, you will need to submit this Agent Change form along with the required fee — which is $30 for in-office filings or $25 for online filings — to the Secretary of State.

It’s important to note that you can choose to act as your own registered agent if you’re looking to save money, though we don’t typically recommend this as you’re much more likely to suffer fines and penalties due to non-compliance than if you just hire a professional service.

On top of this, you’ll lose any anonymity your LLC would have given you since your name, address, and contact information will be publicly available.

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your Certificate of Organization

In Nebraska, the Certificate of Organization is the filing document that you’ll need to submit with the Secretary of State in order to officially register your LLC (this is also referred to as the Articles of Organization in other states).

When you submit your LLC’s Certificate of Organization, you will need to include the following information:

• Your LLC’s name
• Both the street address and, if different, the mailing address of your LLC’s designated office
• The name, registered address, and contact information of your LLC’s registered agent
• The effective date of your LLC formation — this will only need to be specified if 
• The signature of your LLC’s organizer (likely your own)

You can your LLC’s Certificate of Organization either online via the Nebraska Secretary of State’s website or by mailing the completed form to the following address:

Robert B. Evnen, Secretary of State
P.O. Box 94608
Lincoln, NE 68509

In order for your submission to be processed, you will need to pay a filing fee of $110 ( for mail submissions) or $100 (for online submissions).

Step 4: Satisfy Nebraska’s Publication Requirement

Once your LLC is registered, you will have to publish a Notice of Organization in a local newspaper of general circulation.

This publication must occur once a week for three consecutive weeks and include information relating to your LLC — such as its name, office address, and nature of business.

To complete this step, you will need to obtain an Affidavit of Publication from the newspaper you use and submit it to the Nebraska Secretary of State.

The filing fee for submitting this affidavit is $25 for online submissions and $30 for submissions done via mail.

Step 5: Create a Nebraska LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of your company in order to reduce potential future conflict.

While this document isn’t legally mandated in Nebraska, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

A number of companies provide drafting services for operating agreements online, typically for a fee of around a few hundred dollars. However, it’s quite easy to sort this out by yourself if you want to save money, and you can even find a number of free templates online to help with this.

Step 6: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all Nebraska LLCs should apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business licenses/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Don’t worry if you don’t already have an SSN, it’s not necessary to have one in order to apply for an EIN — instead, you can just leave Section 7b of the application blank and call the IRS on (267) 941-1099.

Step 7: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For a full list of filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your Nebraska LLC

In order to keep operating legally in the state of Nebraska, your LLC will need to keep up with its annual obligations — which we’ve discussed in greater detail below.

Submit the Biennial Report

In Nebraska, all domestic and foreign LLCs — including Professional Limited Liability Companies — are required to file a biennial report by April 1 of each odd-numbered year.

If the report is not filed on time, your LLC will become delinquent by June 2, which can result in it facing administrative dissolution.

You can file your LLC’s biennial report in one of two ways:

Mail Submissions

To file by mail, you will need to visit the Nebraska Secretary of State’s website to download and print the pre-populated Biennial Report form.

You will then have to complete the form according to the provided instructions and mail it along with a check for $30 to the address indicated on the form. 

If you do not know your Account Number, you can use this online search tool on the Secretary of State’s website to find it.

Online Filings

To file online, you will need to access the Nebraska Secretary of State’s Online Filing System and enter your entity’s Secretary of State Business Services Account Number — which you can find either on the notice received by mail or in the search tool previously discussed.

The fee for electronic filing is $25, plus a $3 portal fee.

Note: When using the online system, you should avoid using your browser’s “back button” as it may cause your filings to be lost. You should instead use the navigation buttons within the application for any corrections or reviews.

Nebraska vs Other States

Nebraska offers a favorable environment for forming and maintaining an LLC, with competitive filing fees, a user-friendly filing system, and a stable regulatory framework.

Having said that, it’s worth pointing out that Nebraska is currently one of three states with an LLC publication requirement, which can be both expensive and inconvenient to sort out — especially if you are attempting to do so independently.

Regardless, keep in mind that the best state to form your LLC is almost always the state that you will be operating in; this is because otherwise you’ll likely be required to register as a foreign LLC in your home state, meaning that you’ll need to pay registration and maintenance fees twice.

Nebraska Secretary of State Contact Information

Mailing Address:
Business Services
Nebraska Capitol Building
P.O. Box 94608
Lincoln, NE 68509-4608

Physical Address:
1201 N Street
Suite 120
Lincoln, NE 68508

Contact Information:

Email: Contact Us Form
Phone: (402) 471-2554