Featured:
Allergies
Grilling Guide
eHow Now Blog

Nebraska Business Name Registration Requirements

Nebraska requires corporations and limited liability companies to conform to certain name requirements before it will accept a business registration and confer authority to operate in the state. Other entity types, such as sole proprietorships and general partnerships, do not have to register with the state, but if the entity wants to conduct business under any name other than the name of its owner, it, too, has to comply with certain business name registration requirements. Fortunately, all of the information regarding the use of business names in Nebraska can be found on the secretary of state's website. The secretary of state is responsible for maintaining records of the businesses authorized to operate in the state and approves the use of business names.

  1. Legal Framework

    • The Nebraska Business Corporation Act establishes the requirements that business entities must follow to register a business in the state. Chapter 21-2028 outlines the requirements for corporations and chapter 21-108 for limited liability companies. Sole proprietorships and partnerships do not have to register with the state, so there aren't statutory name requirements for those entity types. The statute empowers the secretary of state's office to make a determination upon a request to register a business in the state that a business name meets legal requirements. The secretary of state's office accepts written requests in advance to determine if a name is available; however, the determination is not binding. The final determination of availability happens once a business submits registration documents.

    Uniqueness

    • Nebraska law requires that each business name be unique and not deceptively similar to any other business name that is in use in the state. There are two ways to check to see if your business name meets this requirement: conduct an informal search in the "Corporate Search" database that is accessible on the Nebraska secretary of state's website, or submit a formal request by sending the name in writing to the secretary of state's office via email, fax or mail. With the formal request, you will receive a written confirmation as to whether the name is currently available.

      Once you have informal or formal confirmation of availability, you can submit a "name reservation form" that will reserve the name for 120 days. This is an important step if you expect a delay in filing your registration paperwork. Even though you may have written confirmation from the state that the name is available, that determination is not binding, and the name can be registered by another business before your paperwork reaches the office unless you have the name reserved.

    Entity Identification

    • The Nebraska corporation statute requires the name of a corporation to contain the word "corporation," "incorporated," "company" or "limited," or the abbreviation "corp.," "inc.," "co." or "ltd.," or words or abbreviations of like import in another language. The limited liability company statute requires a limited liability company name to contain the words "limited liability company" or "limited company" or the abbreviation "L.L.C.," "LLC," "L.C." or "LC." "Limited" may be abbreviated as "Ltd." and "company" may be abbreviated as "Co."

    Trade Name Registration

    • Nebraska requires any entity that wants to transact business under a name other than its own to submit a trade name registration (sometimes known as a "fictitious name," a "DBA" or a "doing business as"). A trade name is often used by businesses organized as sole proprietorships to enable the owner to operate under a business name that is different from his own name and because registering a trade name gives the owner the right to bring a civil action for misuse of the trade name and to stop the use or sale of any counterfeit products. Other entity types, particularly entities initially registered in other states, sometimes use a trade name if a name similar to its own is already in use in Nebraska.

      Generally, a business can use a trade name for any reason, as long as the name is properly registered with the state. Nebraska requires that a one-page trade name application be filed with the secretary of state's office. There is a filing fee--$100 in 2010--and a requirement to publish a legal notice of the registration in the newspaper. An affidavit of publication must be filed with the secretary of state's office within 45 days of registration unless the trade name registration is canceled.

    Significance

    • Proper administration of business names prevents public confusion, informs the public of the nature of the business entity and who is responsible for business obligations and protects the goodwill and intellectual property rights of existing businesses. Keep in mind that the registration of a business name in one state does not grant use privileges to the name in any other state. If you want to protect your name nationally, you will have to register the name in every state where you are doing business and seek state and federal trademark protection, if applicable.

Related Searches:

References

Resources

Comments

You May Also Like

Related Ads

thumbnail
Featured