What is A Nebraska Amendment?
All businesses in Nebraska have to register with the state. It is also necessary to inform the Secretary of State if you make any changes to the items listed on your company’s Articles of Incorporation/Organization. You will have to follow the amendment process.
Reasons Why You Need To File An Amendment
Nebraska companies have to file amendments due to various reasons. But, generally, your company has to file an amendment with the state if the changes you want to make affect the structure of the business entity.
A. Changing The Company Name –
- LLCs
There comes a time when the name of the company has to be changed. Whether it is for rebranding or expansion purposes, you will have to follow the proper process. Submit an amendment to the Secretary of State to let them know of your plan. You should also not forget to update all the company’s records with the state and government.
- Corporations
Some corporations also do the same. When a Nebraska corporation decides to change its business name, it has to inform the Secretary of State by filing an amendment. Aside from this, you should also update legal and official records to reflect the new name of the corporation.
B. Changing Members Of The Business –
- LLCs
The Articles of Organization of LLCs in Nebraska include information about members and managers. You have to report the names, addresses, and contact information of these officials. You have to update the records of the state if some items changed using an amendment.
- Corporations
The Secretary of State has a record about the officers and directors of corporations, including their names, addresses, and contact information. If there are changes in any of these, make sure you report them to the state. You can either file an amendment or make changes in the corporation’s biennial occupation tax report.
C. Changing Address Related To The Business – Your operating address is a way for the Secretary of State to reach you. If you move the location of your office, inform the state. However, you cannot accomplish this using an amendment. Instead, you have to submit a Change of Agent/Address form to the Secretary of State.
D. Changing Contact Information –
- LLCs
Another way for the state to reach your Nebraska LLC is through your contact information. Keep the state up to date about your company phone numbers and email addresses. If the changes are related to the registered agent, you can inform the state using an amendment form. You can also use the Change of Registered Agent and/or Office form.
- Corporations
The state has to be able to access your Nebraska corporation if it has any queries or concerns. You have to make sure the Secretary of State knows the current contact information of your company. For changes that are related to the registered agent of your corporation, you have to file a Change of Registered Agent and/or Office form.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – Nebraska LLCs do not issue shares. This is not something they have to think about. But, corporations are different. If your Nebraska corporation wants to change the number of authorized shares that it can sell, you have to file an amendment to make the change legal.
What Is Needed To File An Amendment?
LLC
A Nebraska LLC has to submit the proper form to the Secretary of State in duplicate. You must also publish a notice for the amendment in a newspaper of general circulation near the company’s registered office. The form that you will use will depend on the type and formation date of your LLC. The filing fee starts at $10.
- Domestic LLC – Amended Certificate of Organization
- Foreign LLC – Amended Certificate of Authority
Corporation
To amend information on the Articles of Incorporation of your company in Nebraska, you will have to file with the Secretary of State. You can do it online. If you choose to file by paper, you will have to draft your amendment and file in duplicate. There may be additional requirements depending on the changes you want to make. You will also have to publish a notice in a newspaper of general circulation in the county where your company’s principal office is located. Filing fee for foreign corporations starts at $30, while domestic corporations need to pay at least $25.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to Nebraska business owners who need help in handling formalities to ensure compliance with the state.
Nebraska Amendment FAQs
The filing fee for LLCs is $10. You will also have to pay the $5 recording fee. If you use a credit card, there will be a $2 processing fee.
Foreign corporations have to pay a $30 filing fee. If you have attachments and certificates, you will have to pay an additional $5 per page. Meanwhile, domestic corporations have to pay a $25 filing fee. If your company decides to file online, you have to pay a $2 transaction fee, as well as an additional amount worth 3% of the total payment.
LLCs have to provide the following information:
- Name of your company
- Description of the amendment
- Registered office address
- Authorized signature
Corporations have to provide the following information:
- Name of the company
- Exact text of the amendment
- The adoption date
- Authorized signature
The Secretary of State usually takes 2-3 business days to process paper filings. The processing of online filings for corporations takes 1-2 business days.
The Secretary of State will return the stamped copy and receipt to your office address. Corporations that file online will receive an email.
Nebraska Business Resources
Nebraska Office of Secretary of State
Phone Number:
(334) 242-5324
Address:
Nebraska Secretary of State
PO Box 94608
Lincoln, NE 68509-4608