STEP 1) VERIFY & SECURE BRAND NAME

Choose a Business Name

To secure and register your brand name it must be unique, not too similar to another registered Nebraska name, and shouldn’t contain any restricted wording. To check, conduct a Business Entity Search through state, and if there are potential trademark issues conduct another quick search using the TESS System through the U.S. Patent Office.

Keep in mind your brand name should contain words like ‘Corporation,’ ‘Company,’ ‘Incorporated,’ or ‘Limited.” Abbreviations for these words are also acceptable. If needed, you can file an Application for Reservation of Corp Name through postal mail that’s good for 120 days.

Filing Fee: $30

STEP 2) APPOINT A REGISTERED AGENT

Choose a Registered Agent

A Nebraska registered agent can be an individual resident of the state or a legally registered business entity with a physical street address and regular M-F business hours. On behalf of your brand they receive and help process important business documents like state filings, tax forms, legal notices and so on. They’re essential and required by law.

That said, you can work with a professional and expect to pay up to $160/yr, or get a qualified agent free of charge when you Incorporate with IncFile or CorpNet. They handle this and much more depending on which startup package you opt for.

STEP 3) FILE ARTICLES OF INCORPORATION

Register an LLC

With a registered agent, once you’re ready to make your brand official, set up an account with the state to file Articles of Incorporation. Do this using Online Filing. It asks for basic information to disclose for the public record:

  • The name and address of the business,
  • The number of shares authorized, the value they hold, and any transfer restrictions,
  • The addresses and names of the president, initial directors, secretary, and treasurer,
  • The type of business structure chosen, and so on.

Filing Structure: $60 for $10k or less authorized stocks, then $300 for up to $100k, $3 for every additional 1k.

STEP 4) GET A CORPORATE RECORDS BOOK

File Annual Reports & Publication Requirements

Think of this as the hard copy record book where all critical corporate documents are kept like the Articles of Incorporation, Bylaws, meeting minutes, stock certificate ledger, stock certificates, stock certificate stubs, stock transfer documents, etc. It’s the ultimate company binder! They’re very common and while not necessary having one is highly recommended for all serious business entities.

You can find them at nearby office supply stores or on Amazon, but we’re huge fans of Corporate Kits which include gorgeous records books/binders you can brand for as little as $99.

STEP 5) ELECT DIRECTOR, MEET, DISCUSS BYLAWS

Hold a Meeting with Your Board of Directors

Appoint at least 1 Director who among other things will oversee the Nebraska corporation until the first shareholder meeting where new directors will be voted in. Prepare an “Incorporator Statement” with complete names and addresses of each director and keep it in your records book. Once elected, an initial meeting should:

  • Appoint officers & discuss/create Corporate Bylaws.
  • Choose a bank & approve the issuance of stock certificates.
  • Agree on corporate seal and adopt official stock certificate form.
  • Approve s-corp (opt.). Record Minutes of Meeting, have directors sign, then add to records book.

STEP 6) OPEN A BUSINESS BANK ACCOUNT

Best Business Bank Account

As your corporation gets off the ground, it’s critically important to keep business accounts/assets separate from any other. If you don’t yet have a CFO or amazing accountant, shop around at different banks and credit unions to see who has the most to offer new corporate accounts.

Recommended Resource: Check out this Business Checking Account breakdown that shows you some of the basics in terms of mainstream banking fee structures to start getting an idea of how important this decision is.

STEP 7) HANDLE TAXATION & LICENSING/PERMITS

Business LicensesWhen registering a corporation in Nebraska, you’re required to be 100% compliant with all relevant local/state/federal agencies. Ideally you should have an attorney or at least be working with a professional filing service. Otherwise, here are four resources to get started:

  1. Get an EIN, or Employer Identification Number, free and easy through the IRS website.
  2. Bookmark the Omaha Small Business Administration and the state’s Business Services.
  3. To form an S-Corp, submit Form 2553 with the IRS and be sure all board of directors have signed it.
  4. Consider professional business license research services that handle the legwork for you.

Need Help Forming Your Corporation?

If you’d like help forming a Corporation, here are two great options:

IncFile ($49 + state fees) is ideal if you’re on a budget but refuse to sacrifice quality. However if you’d like access to an attorney past incorporation Rocket Lawyer ($99 + state fees) is the best option.

Visit IncFile Or Visit Rocket Lawyer

Note that this article on how to form a corporation in Nebraska isn’t a legal document or legal advice. It’s for informational purposes and the information above is subject to change. For specific legal questions regarding how to form a corporation in Nebraska or business in general, please consult with a lawyer or other accredited professional.