The short answer is no.  The state of Nebraska does not legally require a lawyer to form a Nebraska Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a Nebraska Corporation.  However, if there is anything about Incorporating in Nebraska that you're not sure about you should seek the advice of a competent Nebraska lawyer, a Nebraska accountant, or both before you Incorporate in Nebraska. 

Once you have made the decision to Incorporate in Nebraska, a Nebraska lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Nebraska Corporation.

You are not legally required to reserve a Company Name for a new Nebraska Corporation before you submit your application to Incorporate in Nebraska.

Whether or not you need to reserve a company name for your new Nebraska Corporation depends entirely on your business situation.  The Nebraska Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Nebraska Company Name.

If the Name you have chosen for your new Nebraska Corporation is already in use by a currently active Nebraska Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Nebraska Secretary of State.  "DBA" is an abbreviation for "Doing Business As." We verify that the Name you have chose for your new Nebraska Corporation is available before we submit your Incorporation filing to the Nebraska Secretary of State.  If necessary we can register a DBA Name in Nebraska for you so that you can open your new Nebraska business as quickly as possible.

1. Choose a name for your Nebraska Corporation
   
   Your Nebraska Corporation name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Nebraska Corporation name that you choose must be distinguishable from the name of any other registered Nebraska Corporation or other business entity and the name must also be different from any reserved names on record with the state of Nebraska.  Your Nebraska Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Nebraska Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Nebraska Corporation must include the word "Corporation" or "Incorporated" or an abbreviation of one of these words.
   
   It's important to choose a good name for your Nebraska Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Nebraska Secretary of State (and pay a fee). We will:
   • Check to make sure that your Nebraska Corporation name is available
   • Make sure your Nebraska Corporation name conforms to state of Nebraska regulations
   • Reserve your Nebraska Corporation name with the Nebraska Secretary of State
2. Select an official address and a Registered Agent for your Nebraska Corporation
   
   Every Nebraska Corporation must have an address that is physically located in the state of Nebraska.  This address is "registered" with the Nebraska Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Nebraska to receive all correspondence on behalf of the Nebraska Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Nebraska Corporations hire a Registered Agent because they don't have a physical address within the state of Nebraska or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your Nebraska Corporation.
3. Choose a Board of Directors for your Nebraska Corporation
   
   All Nebraska Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Nebraska Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your Nebraska Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Nebraska or shareholders of the Nebraska Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Nebraska Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your Nebraska Corporation
   
   The Board of Directors elects Officers for your Nebraska Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Nebraska Corporation.  Officers handle the day to day operation of the Nebraska Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Nebraska Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the Nebraska Corporation. 
   
   
5. Determine how you want your Nebraska Corporation to be taxed
   
   The Nebraska Corporate Income Tax Rate is variable depending on the annual net income of the Nebraska Corporation.  Nebraska Corporate Income Tax Rates vary from 5.58 to 7.81%.   You may form an S Corporation in Nebraska.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Nebraska Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Nebraska Corporation and include it with your Incorporation documents.
   
   Click here for more Nebraska Corporate Tax Information
6. File Articles of Incorporation with the Nebraska Secretary of State
   
   In order to form a Corporation in Nebraska you must file Articles of Incorporation with the Nebraska Secretary of State.  The Articles of Incorporation must include certain specific information about your Nebraska business. If the Articles do not conform exactly to state of Nebraska requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Nebraska Corporation but you will have to pay a fee to the state of Nebraska in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Nebraska Corporation.  All Nebraska Corporations are required to have an FEIN.
   We can obtain an FEIN for your Nebraska Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Nebraska Corporation.  When you form your Nebraska Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small Nebraska Corporations hold 100% of the shares.
   
   Stockholders in a Nebraska Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Nebraska Corporation is able to make all Corporate business decisions.  Nebraska Corporations usually hold at least 51% of the corporate stock in order to retain control of the Nebraska Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your Nebraska Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the Nebraska Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the Nebraska Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Nebraska law or the Nebraska Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Nebraska office.
   
   
2. Open a Business Bank Account in Nebraska
   
   It's very important that you have a separate business bank account for your Nebraska Corporation.  Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Nebraska Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Nebraska Corporation merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Nebraska Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Nebraska Corporation vary depending on your business activities and the specific locations within the state of Nebraska in which you want to conduct business.
   
   If your Nebraska Corporation will be selling products in Nebraska you may be required to obtain a Reseller's Permit from the appropriate Nebraska state agency.  If your Nebraska Corporation will be selling products in Nebraska you will also be responsible for all applicable local and state of Nebraska sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Nebraska Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Nebraska Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the Nebraska Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your Nebraska Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your Nebraska Corporation into a form that complies with all state of Nebraska requirements.
   
   
5. File the required Nebraska Professional Corporation reports
   
   The Nebraska Secretary of State does not have any Initial Biennial Report requirements for new Nebraska Corporations.
   
   Every Nebraska Corporation must file a Biennial Report with the Nebraska Secretary of State EVERY TWO YEARS.
   
   The Nebraska Corporation Annual Report is due at the NE Secretary of State every two years in even-numbered years by March 1.
   
   If a Nebraska Corporation does not submit its Corporation Biennial Report to the Nebraska Secretary of State Business Division by the due date then that Nebraska Corporation will be administratively dissolved or its authority revoked by the NE Secretary of State.
   
   
   We can fill out and file any Biennial Report with the Nebraska Secretary of State after your Nebraska Professional Corporation gets going.
   
   
   
6. Keep proper records of your Nebraska Corporation on file
   
   Keep the following records on file and available at the principal business office of your Nebraska Corporation:
   • Names and addresses of all Directors and Officers of the Nebraska Corporation
   • Articles of Incorporation for the Nebraska Corporation and any Amendments to them
   • Corporate Bylaws for the Nebraska Corporation and any Amendments to them
   • List of current shareholders of the Nebraska Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the Nebraska Corporation
   • Copies of all tax returns and Annual Reports for the Nebraska Corporation for the last 3 years

In order to Incorporate in Nebraska you'll need the following information about your new Company:

• The name of your new Nebraska Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in Nebraska (not a PO Box)
  
• Name and address of your Nebraska Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Nebraska Corporation
• Names and addresses of the initial Directors of the Nebraska Corporation
• The number of shares of stock that the Nebraska Corporation will be authorized to issue
• The par value of the shares which the Nebraska Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Nebraska becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Nebraska.

Processing times for new Nebraska Corporation applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Nebraska Articles of Incorporation takes the state around 8-10 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Nebraska LLC.

We are dependent on, and have no control over, the staff and systems of the Nebraska Secretary of State.

In our experience 8-10 business days is the time it usually takes the Nebraska Secretary of State to process a new Nebraska Corporation application. We get your Nebraska Corporation application to the NE Secretary of State ASAP. Once it is at the state we have no control over the new Nebraska Corporation application process.

The Nebraska Secretary of State does not offer any expedited processing options for a new Nebraska Corporation filing.

The state of Nebraska requires each new Nebraska Corporation to publish a notice of the incorporation for three consecutive weeks in a newspaper in the Nebraska county where the Corporation's principal business office is located.  If the Nebraska Corporation does not have a principal business office in the state of Nebraska, the notice may be published in the Nebraska county where the Corporation's Registered Agent is located.  Proof of publication must be filed with the Nebraska Secretary of State.

We can take care of all your state publication requirements.

The state of Nebraska charges $77.00 to Incorporate in NE.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the NE Secretary of State.  If you choose All Business Documents to help you Incorporate in Nebraska our processing fees are $125.00.  We start processing your new Nebraska Corporation order as soon as we get it.

Total cost includes:

• NE Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Nebraska Secretary of State
• Certified Copies of Articles
• Nebraska Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of Nebraska then you will most likely need to form a Nebraska Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the Nebraska Secretary of State.

Depending on exactly what it is that you want to do in Nebraska, approval from a specific Nebraska state agency or board may be required before the NE Secretary of State will approve a new Nebraska Professional Corporation filing.  This could add to the total processing time for a new Nebraska Corporation.

You want to do business in the state of Nebraska but are registered as a Domestic Corporation in another state.  In order to legally conduct business in the state of Nebraska you must register with the Nebraska Secretary of State as a Nebraska Foreign Corporation.  The process of registering as a Foreign Corporation in the state of Nebraska is called Nebraska Corporation Foreign Qualification. 

The process of Nebraska Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Nebraska.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Nebraska Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the Nebraska Foreign Corporation.