Nebraska Registered Agent

Every LLC in Nebraska must appoint a Nebraska registered agent. The agent is a person or business entity that agrees to receive service of process and official mail on behalf of the LLC.

To discharge this responsibility, the agent has to maintain a physical street address in the state. This is the address where process servers deliver papers and certified mail arrives. As such, this address can’t be a PO Box or similar service. 

Service of process involves receiving legal documents like notice of a lawsuit, summons, subpoenas, etc. The state may also send official mail to the registered agent. This includes tax notices, payment reminders, and more.

A Better Understanding Of The Nebraska Registered Agent

What Are The Legal Requirements For Being A Registered Agent?

The legal requirements for a registered agent in Nebraska are very straightforward. These give the LLC plenty of freedom in appointing the registered agent of its choice. 

  • The agent must have a physical street address in Nebraska. This is the registered office of the LLC and can’t be a PO Box or similar.
  • If the agent is a person, they must be capable of accepting legal documents.
  • In case the agent is a business entity, they should have permission to do business in the state.

While not always necessary, the business entity as a registered agent is usually represented by commercial registered agents. These are businesses that offer their services as registered agents for a fee. 

A Nebraska LLC must appoint a registered agent before submitting its Certificate of Organization to the secretary of state. Failing this, the SOS will not issue the certificate. LLCs that are in operation must continuously maintain a registered agent. Failure to do so can have legal and administrative repercussions.

To be appointed as the NE Registered Agent, the person or business entity must provide written consent. This can include signing the appointing document or submitting a written statement to the secretary of state. 

The Responsibilities A Registered Agent Must Fulfill

Nebraska’s legal requirements for appointing an agent provide the groundwork. However, actual selection must consider the ability of the agent to handle the responsibilities of the role. This is a position of great responsibility, and therefore an LLC must first consider handling these necessities.

  • A Nebraska Registered Agent must maintain the registered office of the LLC. 
  • The agent should be available during normal business hours (9 am to 5 pm) in case service of process arrives.
  • The agent must receive service of process and immediately inform the LLC.
  • The agent should also receive any official communication from the state and notify the LLC.

Who To Hire As Your LLC’s Registered Agent (And Being Your Own Registered Agent)

Once we’ve covered the requirements and responsibilities, it’s time to consider who can be the registered agent. Assuming the legal requirements are met, the following can work as the registered agent for your LLC.

  • You can be your LLC’s registered agent.
  • It’s possible to appoint family members or friends to that role.
  • You can hire a commercial registered agent.

Of course, this list isn’t exhaustive, but it covers the options that most people can exercise. Whether you choose to take the DIY route or hire a professional/commercial registered agent, don’t base your decision on purely monetary considerations. 

Sure, being your own registered agent can save you some money. But, also consider if you’d be able to handle the responsibilities. Being your own registered agent (or having friends/family do it) might prove to be cumbersome.

Registered Agents are expected to maintain the registered office and be present during normal working hours. People have errands to run and like to take vacations. It could be problematic if service of process arrives when you’re away. 

Privacy is another consideration. The address of a registered agent becomes part of the public record. This means anyone willing to search for your address can find it easily. Many people aren’t comfortable with this scenario.

There’s a good chance where these points don’t matter to you or can be handled easily. In which case, it might be worth considering yourself (or family/friends) to be the registered agent. Hiring a commercial agent might be more prudent if you’re unwilling to deal with these problems.

These points remain relevant for those forming a domestic LLC. However, if you’re registering a foreign LLC, hiring a commercial registered agent might be the best path open to you. 

Hiring A Commercial Registered Agent In Nebraska

Plenty of commercial registered agent services are available in Nebraska. You could easily search for a commercial agent to hire. Services available by commercial agents vary depending on the cost and the agent. In a broader sense, you can expect the cost to be in the range of $100-$300 annually. 

At the very least, you should expect the following from your commercial registered agent:

  • Professional and reliable service: A commercial registered agent is likely to have a fully staffed office. They’d be well-prepared to receive service of process and act on it.
  • Privacy: The LLC will use the address of the commercial agent where relevant. This means your own address can remain private.
  • Convenience: The agent should be able to handle the role without the need of intervention or assistance from the LLC. This should free you for other tasks.
  • Discreet: If an LLC is served legal documents, there’s a good chance they don’t want to advertise it! The commercial agent should ensure that the process remains discreet. An added benefit is that since the commercial agent is at a different address than the LLC, the company isn’t served a lawsuit in front of clients, customers, or employees.

How To Change Your Nebraska Registered Agent

Changing the Nebraska Registered Agent requires filing a Statement Of Change Of Designated Office, Registered Agent And/Or Registered Agent’s Address Limited Liability Company. This form can be filed using paper or online via Nebraska’s eDelivery system.

If you’re filing via paper, separate forms may be needed depending on the nature of your LLC. Relevant forms and online filing links are available on the Forms and Fees section of the Nebraska SOS website.