Filing the Articles of Incorporation is a critical step in starting a 501(c)(3) Nonprofit in Nebraska. Whether you have been running a charity for a while or are just starting out, your nonprofit organization will need to fill out the Articles of Incorporation and file them with the State of Nebraska. This will allow you to file for 501(c)(3) status and reap the benefits of having an official 501(c)(3) nonprofit.
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Starting a 501(c)(3) nonprofit in Nebraska is easy, just follow these easy steps to file the Nebraska Articles of Incorporation:
If you are starting a 501(c)(3) nonprofit in Nebraska, you have come to the right place. After reading the comprehensive guide for Nebraska nonprofit formation, follow this guide to file the Nebraska Articles of Incorporation with the Secretary of State.
What is covered in this guide:
Information you will need to file the Nebraska Articles of Incorporation
To become a nonprofit corporation in Nebraska you must file Articles of Incorporation with the Nebraska Secretary of State. The state does not provide a form for businesses to fill in; they must draft the articles themselves according to Nebraska Statute 21-1921.
Here is the information you need to include with your Articles of Incorporation.
Article 1: Entity Name & Type
Enter the name you have selected and identify your nonprofit as a religious, mutual benefit, or public benefit corporation.
For help with selecting a name for your nonprofit read our comprehensive guide on how to name a Nebraska nonprofit.
Article 2: Registered Agent & Registered Office
The registered agent can be any entity registered to do business in Nebraska or any person who is a resident of the state. Your organization cannot act as its own registered agent.
Any person you designate as the registered agent must have already explicitly consented to act as the registered agent for your organization even though you do not need to include proof of consent within your articles.
Enter the information of the registered agent you have selected.
For more information read our guide: What is a registered agent? and The Nebraska Registered Agent Guide.
Article 3: Management
Provide the name and address of at least 3 directors.
When creating your articles, do not use any prefixes such as “Mr.” or “Ms.” and only include suffixes for titles of lineage such as ‘Jr.’, ‘Sr.’, or ‘III’ but not for designations such as M.D. or Ph.D.
Since this document will become public record you may want to use a post office box address rather than the residential addresses of the directors to maintain privacy.
Enter the information of the directors selected.
Article 4: Membership
Indicate whether or not your nonprofit corporation plans to have members.
Article 5: Purpose
Describe the purpose of your nonprofit organization and additional provisions.
In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:
- Charitable
- Religious
- Scientific
- Literary
- Testing for public safety
- Fostering national/international amateur sports competition
- Preventing cruelty to animals/children
NOTE: You can read the IRS guidelines to learn more.
Article 6: Supplemental Provisions/Information
Use this section of the articles of formation to formally state what the assets of the organization will be used for, and what will happen to the assets if the organization is dissolved.
To be eligible for 501(c)(3) status, you must convince the IRS that the organization’s assets will always only be used for the purposes approved under 501(c)(3) rules. To this end, you must include provisions ensuring that in the event your organization is dissolved, the assets of the organization will be used towards tax-exempt purposes.
Section 5 of this sample document provides an example of these provisions required for 501(c)(3) eligibility.
Signatures
When the incorporator signs and dates the form they are affirming everything written in the form. They are also affirming that the registered agent listed has already consented to be the registered agent for this nonprofit organization.
How to file the Nebraska Articles of Incorporation
There are two ways to submit your Articles of Incorporation:
Online:
Submit a signed PDF copy of the Articles of Incorporation through the Secretary of State's online portal.
By Mail:
Submit two copies of the Articles of Incorporation to the mailing address below:
Robert B. Evnen, Secretary of State
P.O. Box 94608
Lincoln, NE 68509
The filing fee is $25 online or $30 by mail.
- Checks and money orders for paper forms must be made payable to the "Secretary of State"
- Accepted credit cards for online filing include Visa, MasterCard, Discover, and American Express
Nebraska Nonprofit Formation FAQ
How long does it take to process the Articles of Incorporation?
If you file online it typically takes about 1-2 business days. If you file by mail expect to get a response in 5-7 business days.
How do I contact the Secretary of State for more information?
You can call for information at (402) 471-4079 or visit them at their website.
State of Nebraska Nonprofit Resources
IRS - Information for Charities & Nonprofits
IRS - Required Provisions for Organizing Documents
IRS - 990 Series for Tax-Exempt Organizations
IRS - Applying for Tax-Exempt Status
IRS - 501(c)(3) Compliance Guide
Small Business Administration - License and Permits
Nebraska Secretary of State - Forms
Nebraska State Legislature - Naming Guidelines
Nebraska State Legislature - Nonprofit Statutes
Nebraska Department of Revenue