Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties.
There are numerous reasons you might need to give up your Nebraska registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Nebraska LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Notifying the Nebraska LLC
The Nebraska Secretary of State doesn’t require you to inform your LLC before officially resigning. They will send a copy of your resignation to the company after you submit it (Revised Statute 21-235). That said, it can be helpful for everyone involved if you reach out to them in advance. This gives the LLC more time to establish a transition plan for changing their registered agent, thereby avoiding fines or other penalties.
But it’s not a one-sided deal. Giving advance notice can help your resignation move quicker. Once the Secretary of State processes your filing, you remain on file as the registered agent for 31 days. But if your LLC already has a replacement lined up, you can pass off your duties sooner.
Submitting Your Resignation
You’re ready to dive into your next project, but before leaving your current role, you must file an official resignation with the Secretary of State. There is no official resignation form, so you’ll need to create your own. Fortunately, you’re only required to include a few pieces of information, so it shouldn’t take long. While drafting your statement of resignation, make sure to incorporate the following:
- The LLC name (exactly as it appears on record with the Secretary of State)
- Your name and address
- A statement of your resignation
- Your signature
And that’s it! There’s a small filing fee involved, $10 plus a $5 recording fee for each page. Pay via check (made out to “Nebraska Secretary of State”) or credit card (if filing in person). Along with your payment, you must submit the original plus two exact copies to the Secretary of State. Mail your documents to:
Nebraska Secretary of State
Business Services Division
PO Box 94608
Lincoln, NE 68509-4608
If you happen to live near Lincoln and need a break from the office, you can also hand deliver it to 1201 N St., Suite 120, Lincoln, NE 68508.
Mailed documents are processed within 3-4 business days, and in-person submissions are processed right away. As mentioned earlier, your resignation doesn’t take effect until 31 days after it’s processed unless your LLC appoints a replacement sooner. Just be aware that you may still receive service of process for the LLC up to one month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. Any Nebraska business entity that goes more than 60 days without a valid registered agent risks administrative dissolution from the state. So, if your LLC doesn’t find your replacement in time, they could lose their ability to conduct business in the state.
However, they can’t choose just anyone. Your successor must meet Nebraska’s registered agent requirements. The state requires that they:
- Are an individual resident of Nebraska or a corporation authorized to do business in the state
- Have a physical Nebraska address (P.O. boxes aren’t allowed)
- Have a mailing address in Nebraska
- Are generally available at the registered office address during regular business hours
- Are authorized to do business in the state (if a foreign entity)
An LLC is allowed to appoint one of its individual owners or members as registered agent, but there are times when it’s easier and more productive to use a professional service instead.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Nebraska LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Nebraska or something completely different.