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If the idea of having a DBA in Nebraska and registering it piques your interest, you’ve come to the right place. An NE DBA, which stands for “doing business as,” allows entrepreneurs to use a different business name for activities like advertising, commerce, and legal matters.
Some states may refer to this alternate name as a fictitious name, assumed name, trade name, or other similar terms. Unlike an LLC (Limited Liability Company), a DBA doesn’t establish a formal business structure and doesn’t provide the same benefits.
In many cases, opting to register as an LLC in Nebraska can offer more advantages by providing potential tax incentives and legal protections.
What Is a Nebraska DBA, Also Known as a Trade Name?
In Nebraska, a trade name, also known as a DBA (Doing Business As), acts as an alternative business title. With sole proprietorships, the legal business name is equivalent to the owner’s first and last name. For example, if Shirley Hansen is a sole proprietor operating under “Star Crossed Soaps and Candles,” she would be using a DBA.
LLCs and corporations can also use DBAs for several purposes: distinguishing between different brands, adopting a shorter version of their legal business name, or redirecting their business in a new direction.
What Sets Nebraska DBAs Apart?
In Nebraska, the decision to register a DBA (Doing Business As) is left up to the individual. According to NE Rev. Stat. § 87.210, individuals who use a trade name have the option to file for registration with the Secretary of State, but it’s not required by law.
However, registering a trade name offers brand protection by preventing another business from using the same name. If a trade name is registered, it’s mandatory to publish a notice in a local newspaper within 45 days.
It’s important to note that if this publication requirement isn’t met within the specified timeframe, then the registration will be canceled according to Nebraska law.
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Do I Need a DBA in Nebraska?
In Nebraska, there’s no official requirement for sole proprietorships, general partnerships, corporations, Limited Liability Companies (LLCs), Limited Partnerships (LPs), Limited Liability Partnerships (LLPs), or out-of-state businesses operating under a different name to file a DBA with the Nebraska Secretary of State. Despite this lack of requirement, it’s advisable to file a DBA as it can streamline banking and other operational aspects of your business.
Does a DBA Ensure Privacy Protection?
Not quite. When you file a DBA in Nebraska, your name and address as the business owner will be permanently listed on the Nebraska Secretary of State (SOS) website, which can be accessed through their online business search tool. If privacy is a concern, hire a registered agent in Nebraska to help with forming an LLC.
In Nebraska, forming an LLC provides more privacy compared to registering a DBA because LLCs aren’t required to disclose the names or personal addresses of their owners on the Certificate of Organization or Nebraska Biennial Report.
Choosing Northwest as your registered agent allows you to use their address as your business address, effectively maintaining confidentiality and keeping your information away from public scrutiny.
Why Hire a Professional Service to File a DBA in Nebraska?
Filing a DBA in Nebraska involves several crucial steps to ensure a smooth and successful registration. It’s vital to avoid any mistakes during these processes, as they can lead to your application being rejected or more severe consequences imposed by the state authorities. These consequences may include fines or even the closure of your business if you improperly use a name in legal or business contexts.
To alleviate concerns and uncertainties related to the entire DBA process, professional services can be enlisted. They have extensive knowledge of Nebraska’s specific requirements and can assist you in selecting an ideal name before commencing the paperwork. These companies offer various services such as LLC filing that can prove invaluable as your business expands.
Through extensive research, we have discovered the best professional services designed specifically to address your DBA requirements in Nebraska.
How to Register a Nebraska Trade Name
Before registering your trade name in Nebraska, verify that no other business within the state has already registered the same name. Following this, you’ll need to complete a form, pay a fee, and publish a notification in a local newspaper. Allow us to guide you through each step of this procedure.
1. Check to See if the Trade Name Is Available
To ensure that your trade name application is accepted by the state, it’s important that the name doesn’t match or closely resemble another name that’s already registered as a trade name or business entity in the same state.
To determine if the name is being used, you can refer to the Corporate and Business Search available on the SOS website. It’s crucial to check for any variations in spelling, plural forms of the name, and alternative punctuation as well.
It’s imperative to comply with Nebraska law (NE Rev. Stat. § 87-209) when choosing the name for registration, ensuring that it doesn’t violate any restrictions.
- Be deemed as “immoral, deceptive, or scandalous” according to the state’s perspective
- Constitute an insult or misleadingly imply an association with any individual, institution, belief, or national symbol
- Depict the flag or coat of arms of any state, municipality, or country, including the United States
- Incorporate the name, portrait, or signature of any living person without obtaining their consent
- Include solely a geographic description, such as “Corner of First St.,” or exclusively feature a surname, unless the business can demonstrate continuous use of the name for at least 5 years
- Incorporate terms like “incorporated,” “inc.,” or “corporation” unless the business is, in fact, a corporation
- Utilize the term “geologist” or any variation thereof unless the business owner holds a valid geologist license
2. Complete the Application for Registration of Trade Name
First, you will complete the Trade Name Registration Application. You can apply either online or by mail. However, even if you choose to apply online, you must still fill out the paper form and sign it before uploading it as a PDF document. Electronic signatures are accepted, but in order to use this feature, you must first download and save the PDF file.
Here are the details that you should incorporate:
- Name of the trade name seeking registration
- Name of the applicant
- Street address of the applicant (PO box not accepted)
- Type of business (e.g., individual/sole proprietor, partnership, LLC, etc.)
- State where the entity was established if not a sole proprietorship
- Date when the trade name was first used in Nebraska
- Description of the business nature
- Applicant’s name and signature or that of the legal representative
3. Submit the Form and Pay the Filing Fee
This is the place where you can submit your application. If you choose to submit it via mail, make sure to send two copies of the application.
Online: Nebraska.gov website
By mail:
Secretary of State’s Office
Business Services Division (Corporations)
P.O. Box 94608
Lincoln, NE 68509
Filing fee:
$100 online (plus credit card processing fee)
$110 by mail (Make check out to “Nebraska Secretary of State”)
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4. Publish a Legal Notice in a Local Newspaper
After your application is approved by the SOS office, they’ll send a duplicate copy of the application to the address you provided. Within 45 days, it’s required for you to publish the information in a widely circulated newspaper in the city where your business operates. In case there isn’t a newspaper available within your city or village, publishing in any newspaper within the county is acceptable.
To ensure accuracy and consistency, it’s recommended by the SOS to directly send the duplicate copy of your application to the chosen newspaper. This will guarantee that all published information matches exactly with what was stated on your trade name application.
If you need help in finding an appropriate newspaper within your city or county, you can use Nebraska Press Association’s Newspaper Locator Map as a useful resource. The cost associated with publishing may vary depending on which paper you choose. For instance, Lincoln Journal Star charges $50 per trade name notice while Omaha Daily Record charges $40.
5. Submit your Affidavit of Publication to the Secretary of State
After the newspaper prints your notice, they’ll send you or the Secretary of State’s office a notarized Affidavit of Publication. Inquire about when you can anticipate receiving the Affidavit and whether it will be sent to you or directly to the SOS.
On the NE SOS website, you can submit your Affidavit of Publication without any cost.
6. Manage Your Nebraska Trade Name
Renew Your Trade Name With the State
The trade name you have registered in Nebraska will be valid for a period of 10 years from the date of registration. To renew your trade name, please contact (402) 471-4079 to obtain the necessary renewal form. Please note that the renewal fee is $100, and online renewal isn’t available.
Change Your Trade Name
To modify the proprietor’s information, including name, address, and state of incorporation or organization, simply submit an Application to Amend Trade Name Registration. The cost for this service is $10. You may send the filled-out form to the provided mailing address.
Secretary of State
P.O. Box 94608
Lincoln, NE 68509
Withdraw Your Trade Name
If you wish to cancel your Nebraska trade name, you can do so by submitting a voluntary request for cancellation to the Secretary of State. For further details, please contact (402) 471-4079.
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Best DBA Filing Services to Register Fictitious Name in Nebraska – NE DBA
Discover exceptional services for registering a made-up name in Nebraska.
BusinessRocket is a valuable resource for those seeking to register a Doing Business As (DBA) in Nebraska. This platform is designed to assist entrepreneurs and business owners, offering an easy and user-friendly experience. By providing intuitive online tools and step-by-step guidance, BusinessRocket simplifies the often complicated paperwork involved in DBA registration in Nebraska.
The main goal of BusinessRocket is to streamline the entire process by helping individuals navigate legal requirements and ensuring that their chosen business name is unique while also complying with Nebraska regulations. With features such as document preparation and filing help, BusinessRocket makes the DBA registration process smooth and supports individuals in establishing their presence in Nebraska.
With expertise in a range of legal services, including the filing of DBAs in Nebraska, Northwest Registered Agent establishes itself as a dependable option. Serving as a registered agent service, Northwest provides an actual address in Nebraska that fulfills the state’s requirements for a designated location, a critical aspect for businesses operating under an alternative name.
In addition to handling DBA filings, Northwest Registered Agent also offers supplementary compliance services like submitting annual reports and forwarding mail. This approach ensures that businesses maintain good standing with the state, alleviating administrative burdens for business owners and enabling them to concentrate on growing their enterprises.
ZenBusiness offers a unique and free DBA name search feature tailored for Nebraska. This tool allows individuals to filter through various options and find the most suitable name for their business.
By inputting keywords, ZenBusiness provides suggestions that can serve as inspiration or be directly chosen. Once a name is selected, it only takes ten minutes to provide ZenBusiness with the required information for filing on behalf of the user.
Not only does this platform prioritize transparency regarding startup costs, but it also remains actively involved even after the DBA application process. It provides a comprehensive suite of resources to ensure business compliance and assists in managing financial matters on an annual basis during tax season.
DBA vs. LLC in Nebraska
Unlike a DBA, an LLC in Nebraska is a separate legal entity that offers protection to its members, who are the owners. An LLC is independent from its owners, which means that if the LLC gets sued, the plaintiff can only go after the business assets and not touch the personal assets of the members. This protection also applies to cases where there’s debt default.
To maintain this legal separation, LLC owners need to follow their operating agreement and make sure they keep their business finances separate from their personal finances.
Although DBAs are useful for renaming or rebranding a business, individuals looking for a structure that shields personal assets should consider forming an LLC.
File a DBA in Nebraska – Frequently Asked Questions
If you’re still unsure about how to file a DBA in Nebraska, keep reading for the information you’re looking for.
Conclusion – File a DBA in Nebraska
You can easily and efficiently become proficient in the DBA filing process in Nebraska by following our detailed four-step guide. For a smoother and more streamlined experience, consider using the specialized services of BusinessRocket, a trusted provider dedicated to simplifying DBA filing.
Allow BusinessRocket to be your valuable ally in shaping and strengthening your business identity. By doing so, you will not only save time but also ensure accuracy throughout the entire registration process.
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