Think of all the people you communicate with regularly to run your LLC. Business partners, employees, banks, lawyers, and financial advisors all probably come to mind. But what about the state? It may not be at the top of your list, but running a successful LLC in Nebraska requires consistent interaction with the state.
Formation documents, business information changes, lawsuits, professional licenses, and Biennial Reports – all of these (and more) require you to work with state agencies. The good news is that you don’t need to do it yourself.
Introducing the registered agent. A Nebraska registered agent is an intermediary for your LLC, a person or company that handles your communication with the state. They’re a vital part of any LLC’s success. Before you file your Certificate of Organization, you’ll need to have a designated registered agent. How? Why? Who? Read on to find out.
What is a Nebraska Registered Agent & is it Necessary?
An LLC cannot be formed or do business in Nebraska without first having a registered agent on file with the Secretary of State. This is required by law and the penalties can be serious. Maintaining a registered agent doesn’t just keep you in good standing. It also provides an important service.
Think of your registered agent as your ambassador to the state, handling all your LLC’s important legal, tax, and compliance information. This can either be an individual, company or registered agent service, as long as they meet the state’s requirements (see below) and agree to take on the role.
As soon as they’re appointed, your registered agent must be consistently available in Nebraska to receive and act on mailed documents and service of process. Here’s what the Secretary of State specifically says:
Just like it says in the screenshot, be sure to keep a registered agent on file at all times. Otherwise, the state won’t hesitate to dissolve your LLC.
What are the Requirements of a Registered Agent?
There aren’t a ton of restrictions on who can serve as your registered agent, but there are a few, and they’re important. Make sure that any agent you list on your Certificate of Organization:
- Is an individual Nebraska resident or a business entity authorized to do business in the state.
- Has a physical address in Nebraska (P.O. boxes are not allowed).
- Has a mailing address in Nebraska.
You can appoint yourself as the LLC’s registered agent as long as you meet the state’s requirements, but an LLC cannot serve as its own agent.
Your Certificate of Organization must include the name and address of your registered agent choice, or it won’t be accepted. The Secretary of State doesn’t provide a standard application, so you will need to create your own. Using a template can help, like this one from Northwest Registered Agent.
Who can be a Registered Agent in Nebraska?
Nebraska’s registered agent requirements are pretty broad, so you’ll have no shortage of options. On top of that, your agent can be either an individual or a professional service. But think carefully before choosing, because each option has its own pros and cons. Let’s take a closer look.
You may choose to appoint a single person as your registered agent. Some LLC owners take on registered agent duties themselves. Others appoint one of their partners or managers. Some will even appoint a family member. As long as the proposed agent fulfills the state’s requirements, they’re a valid option.
In addition to being a Nebraska resident, your agent must not currently be establishing residency or receiving benefits in another state, even if that residency is still forthcoming.
Some smart registered agent choices include attorneys, accountants, or other LLC partners, people who understand the ins and outs of business operations.
- Convenience – Having familiarity and mutual trust with your registered agent is extremely beneficial, and appointing an acquaintance can provide both. Plus, you’ll always know how to contact them.
- Cost – Hiring someone you know often won’t cost a dime. It’s certainly cheaper than a professional service.
- Scheduling – Part of a registered agent’s duty is being consistently available to receive mailed documents and service of process. If your agent goes on vacation or moves out of state, it will throw a wrench in your plans.
- Punctuality Risks – Some state communications and filings are very time-sensitive. If your agent is unavailable when documents are delivered, it could slow down the entire process and put you at risk for late fees and penalties. Even worse, a friend or family member could lose or misplace a document. So if you’d rather not interrogate Aunt Louise about the location of a particular tax form, you might consider using a registered agent service instead.
Registered Agent Service
If safety and reliability is your goal, hire a registered agent service. A business acting as your registered agent must be either a domestic entity in Nebraska or a foreign entity who has foreign qualified in Nebraska.
- Privacy – Some documents delivered to your registered agent will contain sensitive information. Do you want details about your lawsuit or taxes lost out there in the world? Definitely not. A friend or family member might misplace these documents, but a professional service will not. Plus, in Nebraska, all registered agent names and addresses are available to the public. This might make an individual uncomfortable, but hiring a company will keep this personal information off the record.
- Reliability – Handling and processing time-sensitive documents is a registered agent service’s specialty, its area of expertise, its main game. Hire a professional service and you can be sure that your filings will be submitted properly and punctually, so you’ll never have to deal with late fees or other penalties.
- Location – Many registered agent companies offer service in most or all 50 states, so if business is booming and you decide to expand outside Nebraska, you won’t need to find a new agent for each state.
- Cost – There’s no getting around it – hiring a service costs more than appointing an individual who’s willing to do it for free. However, for a reasonable price (roughly $100/year), you’ll receive premium services. Taking your car to a mechanic costs more than letting your neighbor try to fix it, but the mechanic gives you peace of mind that the job will get done right, and that may very well be worth the cost.
All of the other steps in the LLC formation process will keep you busy, but take some time to ensure you find a registered agent that fits with your business model, goals, and values. Do this, and your LLC will reap the benefits for years to come.
How to get a Free Registered Agent
Here’s a pro tip: you can get the reliability of a registered agent service and the cost-effectiveness of an individual. The best of both worlds. When you hire certain LLC services to start your business, they’ll throw in free registered agent service.
How it Works
Hire a company like IncFile or Northwest Registered Agent to form your Nebraska LLC. In addition to taking care of your Certificate of Organization and other formation requirements, they will automatically include a registered agent. It’s a great two-for-one deal.
And an LLC service is pretty affordable – $100 for the Nebraska LLC formation fee, plus a $49 or $79 service fee. That’s great value for the number of benefits you receive. Some services will even cover and consolidate your LLC formation costs.
Take this route and you’ll sweep all formation paperwork and registered agent duties off your plate. Plus, to keep track of everything, these services provide user-friendly online dashboards, so you can follow everything they’re doing to keep your LLC in good standing.
Registered Agent Changes and Resignation
You may have a wonderful registered agent, someone who takes care of everything efficiently and who you trust completely. But you know what they say: all good things must come to an end. At some point in the life of your LLC, you may need to change your Nebraska registered agent.
To make it happen, you will need to complete and file a Statement of Change of Designated Office, Registered Agent, and/or Registered Agent’s Address, then file it online, by mail, or in person. The form requires names and addresses for both the current and new agents. This filing costs $10 plus an added $5 processing fee for each page.
The most common reason you might need to make this change is because your registered agent resigns.
The Secretary of State doesn’t require agents to notify their LLCs before resigning, but it does require that they maintain their registered agent duties for 30 days after submitting a resignation. So, should your agent resign, you’ll have ample time to find a replacement. But don’t drag your feet in doing so! If you go more than 60 days without a registered agent on file, the state will administratively dissolve your LLC.
Have Questions or Concerns?
This guide contains almost everything there is to know about Nebraska registered agents. However, you might have a unique situation that requires additional information. Reaching out to the Nebraska Secretary of State is easy, and they’ll have the answers you need. Here’s how to go about it:
Visit Their Website
The Secretary of State’s Business Services page has plenty of useful resources and information on the LLC formation process, so you should be able to find answers to your questions there.
Give Them a Call
But if you’d rather chat on the phone, you can reach out to their Lincoln office at (402) 471-4079.