Nebraska LLC Operating Agreement Template [PDF]

• Single-member LLC operating agreement: Used in limited liability companies with only one member. It is less simple in form since it only provides details on how the company will be operated without regulating the relationships between the members.

• Multi-member LLC operating agreement: Here, multiple members are forming the LLC, and this type of document regulates both the organization of the company and the relationships between the members.

• Member-managed LLC operating agreement: Used for regulating the business operation and decision-making process in companies where the members are in charge of the day-to-day operation of the company.

• Manager-managed LLC operating agreement: Here, the managers delegate their decision-making powers to the professional managers, and the operating agreement outlines the rights and duties of professional managers inside the company.

#1. Choose a Business Name For Your LLC

Before starting the application process, you should choose a business name for your LLC. The business name should be distinguishable from other business names registered in Nebraska. 

If you choose a name that is already registered by another business entity, your registration might be rejected.

To check if your business name is distinguishable, you can go to the Nebraska Secretary of State website and do the business name search, or you can check the availability of the name by submitting a written request to the Secretary of State's office by:

• Emailing  sos.corp@nebraska.gov

• Faxing (402) 471-3666

• Mailing P.O. Box 94608, Lincoln, NE 68509-4608

#2. Choose the Type of LLC

Here, you have two options:

• Domestic LLCs: Used for limited liability companies that are both established and registered in Nebraska.

• Foreign LLCs: These are the LLCs that are initially established outside Nebraska but are also registered in Nebraska.

#3. Nominate an Agent

You should choose someone who will receive official notifications and documents on behalf of the LLC. The registered agent must have a registered address in Nebraska (for individuals) or be authorized to operate in Nebraska (for entities).

#4. File the Registration Documents

The registration documents are different depending on the type of LLC you are forming:

• Domestic LLCs must submit the Statement of Qualification. This document can be submitted online, or you can download a PDF form and submit it via mail.

• Foreign LLCs must submit the Application for Certificate of Authority. This document can also be submitted online, or you can download a PDF form and submit it via mail. Foreign LLCs should also submit the Certificate of Existence from the original jurisdiction of the company.

#5. Pay the Required Fee

The application fee also depends on the type of LLC you are forming. For domestic LLCs, the application fee is $110 + $30 for the certificate, while the application fee for foreign LLCs is $110 + $10 for the certificate.

#6. Create your LLC Operating Agreement

After registering your company, you should also create an operating agreement and define all the business processes in your company.

#7. Apply For an Employer Identification Number (EIN)

This number will enable you to open a bank account and hire employees for your company. You can obtain it online or by filing Form SS-4.