Articles of Incorporation Nebraska: Everything to Know
Filing your articles of incorporation Nebraska with the Nebraska Secretary of State is the last step in forming a corporation.3 min read
Filing your articles of incorporation Nebraska with the Nebraska Secretary of State is the last step in forming a corporation. This document does not need to list your directors' names or addresses, though this information is usually included.
Preliminary Steps to Start a Nebraska Corporation
There are several preliminary steps involved in forming a corporation in Nebraska. Once these are complete, you can work on your articles of incorporation.
- Determine the type of corporation. The two main entities to choose from are domestic profit and domestic nonprofit. If you've already formed your corporation in another state, you don't need to go through the process of creating your corporation in Nebraska. However, you will need to fill out an application for the right to do business in Nebraska.
- Name your corporation. The name you choose needs to follow specific rules, such as including one of the following words: incorporated, company, limited, or corporation. You can also use an abbreviated form of these.
- Make sure your name's unique. Nebraska requires all corporation names to be distinguishable from one another. The name also can't contain language that is misleading or implies a purpose not permitted by Nebraska state law. If you file the paperwork without following these naming requirements, you'll likely encounter a delay in approval. You can check to see if your intended name is available by performing a corporate name search on the Secretary of State website.
What Should Be Included in the Articles of Incorporation?
There are a few essential things you'll want to include when drafting your articles of incorporation.
- Name of your corporation.
- Name and address of each person involved in the incorporation.
- Provisions that might limit shareholder requirements at annual meetings.
- Whether or not the corporation intends to be an investment company.
- Whether or not the corporation intends to be a benefit corporation.
- Stock, including the number of authorized shares and the par value. Changes to these numbers can affect your filing fees.
- The name and address of the registered agent. He must have a physical address in Nebraska and be available to answer questions and accept documents on behalf of your company.
How to File Your Articles of Incorporation
Filing your articles of incorporation is easy. You can do so in person, online, or by mail. In most cases, submitting information online through the Secretary of State website is the most efficient.
When filing, payment is due in full. Filing fees vary based on several factors:
- The type of entity.
- The number of pages in the document.
- The amount of stock that will be issued.
The minimum filing fee is $15, and prices go up from there.
Requirements for the Director of Your Corporation
Your Nebraska corporation is required to have at least one director, and there aren't many specific guidelines detailing who this person or these people can be.
Luckily, Nebraska does not specify that directors need to live in the state. Also, directors can be any age.
Publication Requirement for When You File for Incorporation
There are a few steps you need to take concurrently with filing your articles of incorporation. While many states require county-level filings, filing of initial reports, or publishing a notice of incorporation in area newspapers, Nebraska has the following specification.
Corporations must publish a notice of their impending incorporation for three weeks in a row in the county newspaper where the business is located. If the business does not actually have a Nebraska location, the notice can be published in the county newspaper where the registered agent lives. You'll have to prove to the Secretary of State that you completed this requirement.
Do You Need an Employer Identification Number?
One more thing you'll need to consider before your corporation is official is getting an Employer Identification Number (EIN). Nebraska requires this for all new corporations. An EIN is essential because it will allow you to open savings and checking accounts in your company's name. You can also take out a loan or conduct other financial transactions without being personally liable.
The Internal Revenue Service (IRS) also uses your EIN to ensure you're paying taxes and not cheating the system.
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