If you are thinking of forming an LLC (limited liability company) in Nebraska, you’ll want to familiarize yourself with the basic requirements of a Nebraska LLC. This will help you decide if Nebraska’s the right state for your LLC; and, if it is, prepare you to speed through the formation process.
Naming your Nebraska LLC
The name of a Nebraska LLC must contain the words limited liability company or limited company or the abbreviation L.L.C., LLC, L.C., or LC. Limited may be abbreviated as” Ltd.”, and company may be abbreviated as “Co.”.
The name of a limited liability company must not be the same as or deceptively similar to, in the records of the Secretary of State, from the name of each person that is not an individual and that is incorporated, organized, or authorized to transact business in this state; and each name reserved under a state law allowing the reservation or registration of business names, including fictitious or assumed name statutes.
The following are Nebraska’s requirements for the members/managers of LLCs:
- Minimum number. LLCs must have one or more members and may have one or more managers.
- Residence requirements. Nebraska does not have a provision specifying where members/managers must reside.
- Age requirements. Nebraska does not have age requirements.
Inclusion in the Certificate of Organization. Member/Manager names and addresses are not required to be listed in the Certificate of Organization.
Requirements for the Certificate of Organization
In Nebraska, you form an LLC by filing a Certificate of Organization and paying the state-required filing fee. Nebraska does not provide for filing paper copies of the Certificate of Organization — you must create an account with the Secretary of State’s e-filing system.
An LLC must maintain an office and agent for service of process in Nebraska. The address must be a physical, street address — a post office box won’t do. Your agent must be available during normal business hours to receive Service of Process and other important legal and tax documents for the LLC.
Other filings required at time of formation
Some states require additional filings or steps at the time of formation. Nebraska requires the following:
- Publication requirement. Nebraska requires LLCs to publish notice of the formation for three consecutive weeks in a legal newspaper of general circulation near your LLC’s Registered Office. You must file proof of publication with the secretary of state.
Professional services businesses
Nebraska allows professionals, such as accountants, attorneys, and physicians, to form a professional limited liability company (PLLC). An application for issuance of a certificate of registration must be made by the limited liability company to the appropriate regulatory body.