How to Start a Business in Nebraska
Nebraska Business Facts
Nebraska is a flourishing urban center where corn and beef abound. As a matter of fact, the cattle outnumber the population of the people by three-folds. The leading industry in Nebraska is agriculture.
Major Companies Headquartered in Nebraska
Nebraska is the headquarters of many major companies including Berkshire Hathaway, Union Pacific, Home Instead Senior Care, Nebraska.gov, and Nebraska Medicine.
Startup Environment
Startup businesses in Nebraska are currently on the rise. The low cost of doing business and the business-friendly environment are two of the contributing factors to this development. At 2.9%, the unemployment rate in Nebraska in 2017 was considered the lowest in the United States.
Step 1: Decide on a Business Structure
There are 3 basic options: a Corporation, LLC or DBA. Click here to learn more about business entities.
- A Corporation is a separate entity (provides liability protection to the owners) with a structure that includes shareholders, directors and officers. It’s more complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a “Professional Corporation” or PC (doctors, lawyers, architects, etc.)
- An LLC or “Limited Liability Company” is a newer type of business that is both a separate entity and provides very easy management (doesn’t require directors or officers) and taxation. The LLC has largely replaced the DBA and Corporation in popularity recently as it provides liability protection but with much less complexity (and taxation) than a Corporation.
- A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name.
Step 2: Choose a Business Name
Choosing a business name is easier said than done – many legal and business problems can arise from picking the wrong name (you can always change it later but the less times you have to do that the better). In Step 3 we’ll show you how to search for the name in Arizona, but we highly recommend you do the following before searching Arizona state databases:
- Make sure you’ve covered the basics: unique, easy to understand/pronounce (practice saying it out loud: “Thanks for calling XYZ”) and can survive over time (“DVD World” is not timely). Here are some of our tips on business identity including logo and trademarks.
- Search the web for your proposed name. Search Google, Bing and DuckDuckGo as a “first sweep” for any potential conflicts, especially in your state or local jurisdiction. NOTE: If you intend to operate nationally or even internationally it will be even more important that your name be unique. This should cover many cases where a company name is being used but not officially trademarked (see next tip).
- Do a trademark search with the US Patent and Trademark Office (USPTO). This will be a very good indicator if your name will have any conflicts. There’s an art to trademark searches (trademark specialists will charge you handsomely to do a thorough search) but in our experience if you can use Google at a fairly advanced level you can reasonably clear a name yourself. Tip: Search misspellings, plurals, variations of spelling, sound-alikes and other versions of your chosen name to be sure it’s not already registered.
- Make sure your company name choice is available by searching the Nebraska Business Entity Database and doing a name search on the State of Nebraska website. NOTE: Make sure to search variations of spelling, plurals and misspellings as the state may reject a name that is too similar (then you have to start all over again, wasting valuable time).
NOTE: Familiarize yourself with the Nebraska naming guidelines. LLC entity names need to contain the words Limited Liability Company or the abbreviation LLC, and certain words are restricted or prohibited.
Restrictions on Nebraska Business Name & Business Purpose
- Business names should be unique.
- Nebraska corporate names may have the following approved designations:
- Co.
- Company
- Corp.
- Corporation
- Inc.
- Incorporated
- Limited
- Ltd.
- The use of the following words and phrases in corporate names is considered “restricted” in Nebraska:
- Bank
- Architecture
- Engineer
- Olympic
Step 3: Register the Business
Each state has its own requirements for registering a business. Now that you’ve chosen a business structure and selected your business name, here are the requirements to register your business in Nebraska.
How to form an LLC in Nebraska
- File the “Articles of Organization” with the Nebraska Secretary of State.
- Once the articles are filed and approved you will then need to properly organize the LLC (this also applies to “1-person LLC’s”) by holding an “Organizational Meeting” which takes contributions from the members, issues Member Certificates, adopts the company Operating Agreement and more.
How to Incorporate in Nebraska
NOTE: When registering a new company the Secretary of State can take several weeks to file the paperwork. You can expedite the process by hand delivering the documents directly to them or one of their field offices and paying an additional fee.
TIP: Check our order form to see how long Nebraska is currently taking to process regular and expedited orders.
How to File a DBA in Nebraska
- Check the state database of business names.
- Complete the DBA registration form.
- Notarize and submit the form
- Pay $100 for the filing fee.
Considerations when registering a Nebraska business
- Hire a professional Registered Agent. Many people list their home or business address on the Articles of Organization or Incorporation. This can cause issues because it becomes public record (you’ll get lots of junk mail). A professional Registered Agent will provide their address and forward any important documents to you, this is also convenient if you have to move (you don’t have to file forms or pay fees, just update your address with your agent).
Ready to register a business in Nebraska?
- We specialize in registering businesses in Nebraska.
Step 4: Obtain your Federal Employer Identification Number (FEIN or “EIN”)
- Your EIN is like your Social Security Number for your company. It’s required for Corporations and LLC’s and optional for DBA’s (if you don’t have any employees, then it’s required). However, if you are a DBA and don’t obtain an EIN you will be forced to use your Social Security Number on many documents so it’s typically recommended you obtain the EIN to prevent identity theft.
- To obtain an EIN you can apply online with the IRS or via IRS Form SS-4.
- You can read more about corporate tax laws in Nebraska on the Nebraska Department of Revenue Taxation Division site.
Step 5: Open Company Accounts: Bank and Credit Cards
To keep business and personal expenses separate, you should open a separate account for your business. In addition, getting business credit cards is how you begin to build a company credit profile (corporation or LLC required) and can later qualify for larger loans and lines of credit. To open the account simply call your chosen bank and inquire on the steps to open a business bank account. Typically you’ll need a) your filed paperwork, b) your EIN and c) a company resolution authorizing your company to open the account (signed by the owners, members, officers or directors, etc.).
Top 5 Major Banks in Nebraska
- Pinnacle Bank
- U.S. Bank
- Great Western Bank
- First National Bank of Omaha
- Wells Fargo Bank
TIP: Our business formation service includes a free banking resolution for your use.
Step 6: Obtain Business Licenses and Permits
Now that you’ve registered your business name you need to obtain a business license for your company – this authorizes your company to do business in your city or county. Typically this also involves registering for state taxes and permits (the city may require them as part of the business licensing process).
TIP: We work with a company that can obtain and prepare business licenses and permits for you. Click here to learn more.
Step 7: Annual and Ongoing Requirements
DBA: Your Fictitious Business Name should be valid for 5 years (unless you change company name or other information listed on the FBN) at which point you’ll need to renew it with the county.
LLC: Nebraska corporations are required to file a Periodic Report with the Nebraska Secretary of State on or before April 1 every odd year, in addition to general taxation. The filing fee is $13. Information on your business’ taxes can be found here.
Corporation: Business in Nebraska should file a report on or before March 1 every even year with the Secretary of State of Nebraska. The filing fee is $29.
Important Nebraska Contacts
Nebraska Secretary of State
Business Services Division (for Corporation and LLC filings)
Corporate, P.O. Box 94608,
Lincoln, NE 68509-4608
Metro Area Phone: (402) 471-4079
Nebraska Taxation Departments
Nebraska Labor and Employment Departments
Nebraska Startup Resources
1. Small Business Administration (SBA) Nebraska District Offices
2. SCORE Nebraska
- SCORE Omaha Chapter 40 provides the following services for soon-to-be and current entrepreneurs. In most cases, services are provided free of charge or at very little cost.
3. Nebraska Legal Statutes
4. Nebraska Chambers of Commerce
- Nebraska Chamber of Commerce & Industry
- Lincoln Chamber of Commerce
- Imperial Chamber of Commerce
- Ord Area Chamber of Commerce
5. USA.gov
6. Angel.co Nebraska Startups
- A list of all 250+ Nebraska Startups and 4,700+ Nebraska angel investors registered with Angel.co. Good research resource.
7. Nebraska Business News
8. DED
9. Nebraska Small Business Development Center
- NH SBDC has offered confidential business management advising and educational programs to more than 94,000 Nebraska entrepreneurs, helping them to start over 2,000 businesses and create more than 7,000 jobs since 1984.
10. Cleaner Greener Lincoln
