How to Register a Business Name in Nebraska

Updated: October 1, 2023
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Registration of a Nebraska business name can be completed in three ways. You can choose to have your business be its own legal entity by forming an LLC or Corporation or you can file a DBA (also referred to as a Trade Name) if you’re a sole proprietor or a general partnership. If you want even more protection for your business name you may also want to consider a federal trademark.

You should register your Nebraska before you complete other business filings like:

  • Obtaining a Nebraska Tax ID Number from the Nebraska Department of Revenue, which is needed for Sales and Use Tax, Income Tax Withholding, and Business Income Tax
  • Enrolling with the Nebraska Department of Labor for Unemployment Insurance (UI)
  • Applying for applicable professional and occupational licenses from the Nebraska Department of Health and Human Services
  • Requesting a Tax ID (EIN) for your business from the IRS
  • Setting up a business bank account

How much does it cost to Register a Business Name in Nebraska?

The cost to register a Nebraska business name varies depending on the type of registration:

  • Nebraska LLC cost: $100
  • Nebraska Corporation cost: $67
  • Nebraska DBA cost: $100

Steps to Registering a Business Name in Nebraska:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your Nebraska Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

A thorough business name search must be completed after creating a business name (check out our business name guide if you need ideas). Verifying that your desired Nebraska business name is available and not too similar to other names will prevent issues like your registration being rejected or legal conflicts with other businesses. Three types of search should be conducted:

Nebraska Business Name Search Help

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Trademark Search

First, you want to rule out any potential trademark conflicts. Trademarks are federal-level registrations that have legal superiority over state and local registrations, so you need to be sure your business name isn’t trademarked. If you find a match in the U.S. Patent and Trademark Office (USPTO) database, go back to the drawing board and get a new business name. It could save you from a legal headache in the future.

To perform a trademark search, visit the Trademark Electronic Search System (TESS) page. If you find the results hard to understand, use the Free Trademark Search available from Trademark Engine.

Nebraska Business Name Search

Once you’ve confirmed that your business name isn’t protected by someone else’s trademark, the next step is to perform a Nebraska business name search. Utilize the Nebraska Corporation and Business Search to search the database of registered business names in Nebraska.

Take the time to conduct multiple searches using variations of your business name or employing wildcard characters. This step is crucial because if your chosen business name closely resembles an existing Nebraska business, your business name registration might face rejection.

Pro Tip: It’s possible that a name was registered in the past but is now available if the name expired or the business closed. However, even if the name is now up for grabs, opting for a new name is recommended.

The IRS’s EIN issuance system can encounter difficulties with previously registered names, leading to the notorious EIN Reference Number 101 error. While you can get an EIN under that business name, the process involves calling the IRS and faxing your registration paperwork to an agent to get your EIN. Unless sticking to that name is necessary for you and you’re prepared to tackle potential issues, we recommend considering an alternative business name. Just be aware that it can take the EIN process from a 10-minute or less online process to one that takes multiple calls and hours on the phone.

Website Domain Search

Last, you should look to see if there’s a good domain that matches your business name. If it’s unavailable and your online presence will matter a lot for your business, you may need to consider choosing a new name. If the name you want is available, you should purchase it even if you won’t build a website to prevent others from taking it. You’ll need to own the domain name if you want a professional business email with your business name.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

As you begin the registration process for your business name in Nebraska, you’ll need to decide on the most suitable structure for your business. This decision affects the registration process as well as influencing elements like personal liability protection, financing options, and what tax strategies are available to you. You should consider factors such as the number of owners, financial needs, your comfort level with personal liability, and tax considerations. For a more comprehensive understanding, our guide How to Choose a Business Structure offers more detailed information to help you make your choice.

Recommended Business Structure:

If you start as an LLC, you can get the benefits of all 3 other business structures combined together. LLCs provide liability protection and have pass-through taxation, benefits that no other structure has by default. They are easier to maintain and have the option to elect for S-Corp tax status which can save thousands of dollars once your business is making a strong profit.

If you want to start an LLC you might want to consider using a filing service to ensure your filing is done correctly. We’ve reviewed the top LLC service providers to help you decide.

LLC

A Limited Liability Company (LLC) establishes a distinct legal identity for a business under Nebraska law (Neb. Rev. Stat. § 21-102.). It ensures that owners’ personal assets are protected, permits customizable management styles and tax approaches.

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in Nebraska?

Yes, for your business to be acknowledged as an LLC in Nebraska, you’re required to register with the Nebraska Secretary of State.

Jump to: Register an LLC Name

Corporation

A corporation is a business structure recognized under under Nebraska law (Neb. Rev. Stat. § 21-201) as legally separate from it’s owners (known as shareholders). It’s best for businesses interested in attracting external capital and potentially going public.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in Nebraska?

Yes, for your business to be legally classified as a Corporation in Nebraska, you’re required to register through the Nebraska Secretary of State.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a one-person enterprise. Easy entry, minor paperwork. The owner’s unlimited liability means it can be risky. Harder to secure loans, raise capital, and sell the business.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in Nebraska?

Sole proprietors in Nebraska aren’t legally required by the state to register their business name. However, if you want to open a separate business bank account under a business name different from your full name (first and last name) they’ll probably require proof of a registered “doing business as” (DBA) name.

Jump to: Register a DBA Name

Partnership

A partnership comprises 2 or more owners that share assets, profits, and partners have unlimited liability. Income is passed directly to the partners, who individually report profits or losses on taxes.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in Nebraska?

General partnerships aren’t legally required by the state of Nebraska to register a “doing business as” DBA business name. But, if you want to open a bank account under a name that doesn’t include all of the partners last names, most banks will require proof of registration. The official term used by the state of Nebraska for DBAs is a Trade Name.

Jump to: Register a DBA Name

3. File your Nebraska Business Name Registration

You’ve checked your business name and picked a structure. Now, it’s time to make it official in Nebraska. Follow the appropriate process for your chosen structure outlined below. Note: If you’re starting as a sole proprietor or partner, a DBA is the correct business name registration filing that corresponds to your type of business.

Register a Nebraska LLC Name

Registration of a Nebraska LLC, requires the filing of a Certificate of Organization with the Nebraska Secretary of State along with paying a filing fee of $100. Your Certificate of Organization requires you provide details about your business, such as:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

Nebraska LLC Name Requirements

Nebraska LLCs must use a name that follows the naming rules outlined in Nebraska law (Neb. Rev. Stat. § 21-108.):

  • Must be distinguishable (unique) from all others businesses registered with the Nebraska Secretary of State
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking

For more in-depth information check out our How to Start an LLC in Nebraska guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting a Nebraska LLC?

Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Nebraska LLC.

Register a Nebraska Corporation Name

Registering your Nebraska Corporation involves submitting Articles of Incorporation to the Nebraska Secretary of State and paying the requisite $67 filing fee. Your Articles of Incorporation filing needs to contain critical business details, including:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

Nebraska Corporation Name Requirements

Corporations in Nebraska are required to use a name that follows the rules detailed under Nebraska law (Neb. Rev. Stat. § 21-230.):

  • Must be distinguishable (unique) from all others businesses registered with the Nebraska Secretary of State
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking

Want to Incorporate in Nebraska?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Nebraska, which covers each step you’ll need to complete to start a Nebraska corporation.

Register a Nebraska DBA (Trade Name)

A Nebraska DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a Nebraska DBA you’ll need to complete an Application for Trade Name and submit it to the Nebraska Secretary of State, along with the filing fee of $100. You’ll need to provide the following information:

  • Name and address of Applicant(s)
  • Business Name (Trade Name)
  • Address where business is transacted

Nebraska DBA (Trade Name) Requirements

The rules for a Nebraska Trade Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Trade Name. DBAs also can’t contain prohibited words or words that imply association with government entities.

Nebraska DBA Registration Assistance

Get help registering your Nebraska DBA with Swyft Filings. Packages starting at $99 (plus filing fees).

4. File a Trademark (Optional)

If you want more control and protection over your Nebraska business name, you can apply for a trademark. It provides federal-level protection and control over your brand name that extends beyond state boundaries.

You can file a trademark application online by yourself but the process is more complex than a simple filing. A USPTO examining attorney typically takes 7-9 months to evaluate your application. Only at that point will you receive feedback if more information is needed or modifications to your application are needed. Some errors can result in the application being outright rejected.

To make registering a trademark easier, it is recommended that you seek the help of a qualified attorney or a specialized filing service. Their expertise can help you save time and avoid the complexities of submitting an application and following up on it.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in Nebraska

For more help, check out our How to Start a Business in Nebraska guide, or use these resources: