How to Establish an LLC in Nebraska

A limited liability company, or LLC, is a form of ownership for business entities. Many people choose the LLC as a form of ownership because it limits the business owners' personal liability to the assets and capital invested in the business. In other words, LLC owners do not have to pay from their personal assets if the company fails or files for bankruptcy. To form an LLC under Nebraska law, approval must be sought from the Nebraska Secretary of State.

• 1

  Choose a name for the LLC. Limited liability companies must operate under a distinct name that is not used by any other corporation in the state. Contact the Nebraska Secretary of State by mail (P.O. Box 94608, Lincoln, NE 68509-4608) or fax (402-471-3666) to conduct a name search to ensure that your company's name is available. Then reserve that name for 120 days by filing an application to reserve name and the filing fee, which was $15 as of 2010.

• 2

  Write articles of organization. Nebraska Revised Statutes, Section 21-2606, sets forth the exact form for the articles of organization of an LLC. Among the information required in the articles: the name and address of the company, the purpose of the company, the names and addresses of the managers, and the amount of capital invested in the enterprise.

• 3

  File the articles of organization, signed by all managers, with the Nebraska Secretary of State, together with filing and recording fees. The articles of organization must be sent to the secretary of state. The articles serve as notice that you wish to form an entity under Nebraska law; any subsequent changes to them must be filed with the secretary of state.

• 4

  Await the issuance of a certificate of organization from the Nebraska Secretary of State. You may not begin to conduct business until the secretary of state issues a certificate of organization indicating that your business is permitted to operate in the state.

• 5

  Maintain a registered agent. Nebraska law (Nebraska Revised Statutes 21-2609) requires all LLCs to register the name of an agent with an address in the state of Nebraska who will be the registered agent for the LLC. Any changes in the name or the address of the registered agent must be filed with the Nebraska Secretary of State.