If you’re forming a limited liability company or corporation in the state of Nebraska, you’ll need to designate a registered agent.
A registered agent is the individual or business entity that receives legal documents from the state, and then forwards them to your business address. But why is this a requirement, and who should you designate as your registered agent in Nebraska?
In this guide, we will break down all the details you need to know about Nebraska registered agents.
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What is a Nebraska Registered Agent?
One of the most common questions we receive from entrepreneurs in Nebraska is why a registered agent is required to form an LLC or corporation. While it might seem like an unnecessary middle-man type of role, the registered agent fills a vital role.
The registered agent’s job is to provide a reliable way for the state to contact an official representative of your business at any time, which is especially important if your business is ever sued. If you didn’t have a registered agent, a lawsuit could progress through the courts without you even knowing about it, which is obviously far from ideal.
While Nebraska does not provide a recommended list of registered agent services, we reviewed the top options and compiled a list of the best Nebraska registered agent services based on price and overall value.Who Can Be a Nebraska Registered Agent?
In Nebraska, the Secretary of State asserts that a registered agent may be an individual (including an individual associated with the business entity) or a corporation that is authorized to do business in the state of Nebraska. In either case, the registered agent’s office must be identical to the registered office and be continuosly maintained.
Aside from the legal requirements, an important aspect to discuss is who should be your registered agent. You have the right to declare yourself as your own registered agent, which has its pros and cons.
On the positive side, you can save some money by not paying anyone to serve as your agent, but you’ll also likely need to make your home address a matter of public record, which is not ideal. Additionally, you’ll need to be physically present at your business during all standard operating hours (9-5, M-F).
Some entrepreneurs like to have a friend or family member serve as their registered agent, but if that person doesn’t have experience in this position, they might not know what is expected of them. In addition, designating your lawyer or accountant as a registered agent can work, but these options are usually quite expensive.
Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled by any of these other options.
How Do Nebraska Residents Get Served?
The most important part of a registered agent’s role is being served a summons.
Before a summons may be served in Nebraska, a plaintiff must first file a claim with the clerk of the county court. The claim form (which is available at the county court) requires a statement outlining the case and and a demand for money owed. Then, the form must be signed before a judge, clerk, deputy or assistant clerk, and filed by person or by mail to the appropriate court. The initial submission fee for filing a claim starts at $26.00 but may vary depending on the court and case.
If these steps are all taken correctly, the state of Nebraska will then allow a sheriff or other qualified person to serve a summons to the defendant’s registered agent.
How to Designate a Nebraska Registered Agent
The answer to this question depends on what type of business you’re starting, but with either a corporation or an LLC, you’ll need to designate your registered agent when you form your company.
In the state of Nebraska, you’ll be required to designate your registered agent when you complete either the Articles of Incorporation for corporations or the Articles of Organization for LLCs. Like most business forms for the state of Nebraska, these documents must be completed and filed online using Nebraska’s Corporate Document eDelivery system.
How Can I Change My Nebraska Registered Agent?
If you would like to change your registered agent for any reason, the process is pretty simple.
Depending on whether your business entity is a corporation or an LLC, you’ll need to complete either the Change of Registered Agent and/or Office for corporations which can be found here as a PDF or completed online, or you’ll need to change your agent by completing the Statement of Change for LLCs which can be completed as a PDF here or submitted online.
For corporations, the fee is $25.00 to submit the Statement of Change form and for LLCs it is $10.00.
How Does a Nebraska Registered Agent Resign?
Sometimes, a registered agent may have to resign from their position.
In Nebraska, there is no official form for registered agents wishing to resign. Instead, you must draft and submit two copies of a Statement of Resignation of Registered Agent to Nebraska’s Business Services Division either by mail or in-person. For LLCs there is a standard processing fee of $10.00 and for corporations there is no fee.
Why Should You Hire a Professional Nebraska Registered Agent Service?
Hiring a professional registered agent is basically the best of both worlds between serving as your own agent, and designating a lawyer or accountant.
Privacy
The biggest benefit in our opinion is the privacy protection this allows, as you will be able to keep your personal address private. There’s also a major advantage compared to having an attorney or accountant serve as your agent, namely the fact that registered agent services are almost always much cheaper.
Professional Service
Another reason we like this option is that these companies specialize in providing quality registered agent service. They know exactly what’s expected of them, and there are rarely any issues to speak of.
Nationwide
The other major benefit of hiring a registered agent service is that most of them operate in all 50 states, so that if you ever want to expand your business into another state, you won’t need to hire an additional registered agent. Your same registered agent will be able to provide the coverage you need in your new state, while still providing the same service in Nebraska. If you hired a lawyer or accountant, they would only be able to help you expand to a new state if they have another physical office in that state.
You Stay Compliant
Finally, most professional registered agents operating in Nebraska offer some sort of compliance calendar. With this service, your registered agent helps you keep track of due dates for ongoing LLC maintenance requirements like annual reports, which is a valuable bonus.
The top registered agent service providers include some other appealing attributes, including access to their extensive customer support networks. Some of them include a full year of registered agent service with any business formation package, which can be a real money-saver. Another welcome attribute is that some registered agent services provide volume discounts if you require service in multiple states, or if you prepay for multiple years.
What Is the Penalty for Not Designating a Registered Agent in Nebraska?
You need to have a registered agent to form your limited liability company or corporation in Nebraska in the first place, but if you let your registered agent service lapse, there could be some serious consequences.
Failure to maintain a registered agent could lead to your business losing its good standing with the state of Nebraska, and the state also has the right to officially dissolve your LLC if they choose to.
Another issue would be the difficulty of being served if your business is sued. If the state cannot get ahold of your registered agent, a court may decide to go ahead with the lawsuit without your knowledge, which could even lead to a judgment against you. This can happen not just if you fail to designate a registered agent, but also if your agent is not present during business hours to accept the document delivery.
Conclusion
As you can see, the task of designating a registered agent for your Nebraska business isn’t quite as easy as just writing down your own name.
There are significant downsides to just about every option in our opinion, but we recommend hiring a professional registered agent service because that option has the fewest disadvantages. They charge affordable rates, and you never have to worry about losing your good standing, having your LLC or corporation dissolved, or having a lawsuit proceed in your absence.
If you have any further questions, you can contact the Nebraska Secretary of State:
Nebraska Secretary of State
Business Services Division
P.O. Box 94608
Lincoln, NE 68509-4608
(402) 471-4079