How to Incorporate in Nebraska

Some steps for incorporating in the Cornhusker State can be more challenging than they are in other states.

While the state of Nebraska does have its One-Stop Business Registration site to guide you through the process of incorporation, it may not be as easy as it is in other states. According to the Nebraska Secretary of State, there is no standard Articles of Incorporation form for incorporating in the state, so you'll have to do a bit more legwork yourself to make your corporation legit. To do this, it's a good idea to have a trusted attorney to ensure you've included all the necessary information to incorporate.

Things You'll Need

• Computer
• Printer
• Envelopes
• Stamps
• Fax machine

Instructions

1. Fill out an Application for Reservation of Corporate Name, available at the Secretary of State's website. This places a 120-day hold on the name you'd like to use for your company, giving you plenty of time to take the necessary steps to incorporate. Mail two copies of the form to:

   Secretary of State
   Room 1301 State Capitol
   P.O. Box 94608
   Lincoln, NE 68509

2. File Articles of Incorporation with the Secretary of State. This is where your lawyer can really come in handy. Since there are no set forms you can use for the Articles of Incorporation, you'll have to do it on your own, or get your lawyer to draw them up for you. Refer to Section 21-2018 of the Nebraska State Statutes for guidance on what you need to include in your Articles of Incorporation. Mail the Articles to:

   Secretary of State
   Corporation Division
   Room 1301
   State Capitol Building
   Lincoln, NE 68509

   You will also need to include a corporate filing fee. The amount varies depending on how much stock the newly-incorporated business is going to distribute. The Secretary of State's Corporate Fee Schedule will tell you how much you'll need to pay.

3. Publish a Notice of Incorporation in the newspaper of the county where your corporation is located. According to Nebraska's State Statutes, business corporations must publish this notice for three weeks. Refer to statute 21-20,189 for more information on publishing your notice.

4. Establish an Employer Identification Number for your new business at the Internal Revenue Service site. You can do this step online. This allows the IRS to recognize your new business.

5. Fill out Nebraska's Tax Application Form 20, to register your business in the state tax system. This step is necessary for many types of businesses in Nebraska. You can print the form from the Nebraska Department of Revenue site. Then mail or fax the form to:

   Nebraska Department of Revenue
   PO Box 98903
   Lincoln, NE 68509-8903
   FAX: [phone]

Tips & Warnings

• The steps to incorporate in Nebraska may seem daunting. That's why it's important to have a team of trusted advisors to help you through the process. Your lawyer can be very helpful in filing your Articles of Incorporation, and an accountant will be invaluable in helping you navigate the tax system.

References

• Nebraska Secretary of State
• Nebraska State Statutes

Resources

• Nebraska One-Stop Business Registration
• Nebraska State Statutes: Articles of Incorporation
• Nebraska Secretary of State: Corporate Fee Schedule
• Internal Revenue Service: Apply for an Employer Identification Number
• Nebraska Department of Revenue: Starting a Business in Nebraska