The Proper Way to File a Nebraska DBA
Being a business owner in Nebraska? Do you want to manage it using a prospective name? You have an excellent opportunity to acquire a business and to conduct activities of a sole proprietor under the (DBA) name.
The process of obtaining a DBA for any official business is simple, but it requires considering several nuances. In addition, owners should be aware of the rules for using the new name registered. So, we have prepared a step-by-step guide to use the DBAs in the state under the question.
It is essential: the sole proprietor must understand that he will not receive limited liability protection, as is the case with an LLC. There are no restrictions on the number of DBAs in an LLC. You won’t experience any difficulties while doing it yourself. However, the greater the number of additional names, the more difficult it is to keep accounting correctly. Therefore, hiring an LLC website is the very best idea!
Nebraska DBA Application Process
Registering a DBA or Trade Name in Nebraska requires several steps. Making the first step, check if another company is using the selected DBA. To do this, you must run a corporate & business entity search. It verifies Nebraska corporate and business organizations. It is essential to eliminate tautologies that could cause you problems in the future.
The next step requires filling out an Application for Registration of Trade Name, according to which you will be assigned a trademark. Make sure that the data you entered is correct and up-to-date:
- Applicant’s name;
- Registration address of the company or applicant;
- Desired DBA name;
- When and which DBA was first used by you in Nebraska (if any);
- The official activities of your enterprise/company;
- Signature of the applicant.
Next, you need to pay a $100 check, where the recipient will be the Secretary of State of Nebraska. To send documents, you can use the online service here. Alternatively, you can mail your papers and check for $100 to the office of the Secretary of State.
Secretary of State
Business Services Division P.O.
Box 94608 Lincoln, NE 68509
The final stage will be the publication of the registered name once in a local newspaper of general circulation. The fundamental aspect is that your business must belong to the city or village where the newspaper is published. If there is none, then the publication must be in any other newspaper with a general circulation in the district.
Within 45 days from the date of registration of your new DBA, you need to present proof of publication to the Secretary of State. Otherwise, the Secretary of State will cancel the registration of the DBA. You will need to initiate the procedure again.
Nebraska DBA: The Essence
At the initial stage of doing business, entrepreneurs usually use only one type of economic activity. But in the future, there is a need to diversify risks and expand the company.
So, you have to choose: open a new legal entity or apply to DBA? Sole proprietors and general partnerships may use names that differ from the owner’s name.
Limited liability companies and corporations can use several DBAs at once to have the official registered identification of their activities. Why do Nebraska companies acquire DBAs? The answer lies on the surface:
- Sole proprietorships and partnerships are a guarantee that your company is conducting official activities. A professional company will attract many more potential clients than a company that has just its name. The company can also obtain a bank account using the DBA. This way, you can separate personal assets and business. It will also be more comfortable for customers, as each sole proprietorship prefers to receive invoices in the company’s name.
- Corporations and LCCs use registered DBAs to use different names within the same trademark. DBA also helps to separate subsidiaries from the parent corporation. For example, this technique is prevalent in the restaurant business. One owner opens several restaurants that are unrelated. Thus, it doesn’t matter what your marketing or accounting goals are! DBAs are advisable in any case, and most importantly, they make doing business very comfortable.
So, DBA in Nebraska is the best opportunity for companies to make their image brighter and more recognizable. They can use a variety of tools to express themselves without wasting time on paperwork.
A Nebraska DBA Validity Period
You can use the DBA registered name in Nebraska for ten years from the date of registration confirmation. So, after this period, you can apply to the Office of the Secretary of State. You need to do this within six months from the date of expiry of the DBA. Each new renewal application gives you another ten years of DBA in Nebraska.
Hiring a Professional DBA Filing Service: The Necessity
You do not need to register for a DBA yourself, as there are quite a few companies that provide this service at a professional level. They know all the subtleties. So, you will get a positive result the first time. Of course, their services are not free. They will collect all the documents on their own, and you will only need to provide them with some data. So, it’s up to you to decide what you want: save your time or money.
It is worth noting again that the requirements for obtaining a DBA in Nebraska are simple, and many companies fill out the official form online on their own. But if you are still too busy or are afraid to make a mistake, you can turn to LegalZoom, for example. The fees you will have to pay are very fair, and it is worth spending that money!
It makes sense to register a DBA when you need to separate several areas of business. Such a solution will make it possible to assess efficiency better, improve the quality of control over certain types of activities.
Rational use of “Doing business as” to promote a new product on the market – allows you to analyze the consumers’ reaction and not spend money on opening a new legal entity. To file a DBA will not cause additional complications.
Can I get legal protection from the DBA?
– No, you cannot. DBA registration does not provide for the security of business from the point of view of jurisdiction. Personal asset protection is available through a corporation or limited company.
Is there a need for a registered agent when creating a DBA?
– If you acquire the DBA names as a sole proprietor or are a general partnership – you do not need a registered agent. However, companies and limited liability corporations must have a registered agent. The presence of DBA in the latter case does not matter.
Can different companies use the same name?
– A DBA application does not guarantee that your business will have exclusive rights to a fictitious name. The law does not prohibit all interested LLCs or corporations from using your registered name.
Is there a requirement by the State of Nebraska to publish the DBA name?
– Yes, you do. Publish the new DBA in your local newspaper and within 45 days of its registration, send proof to the Secretary of State’s office.