There are a number of reasons you might need to change your Nebraska LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Nebraska might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of Nebraska has certain requirements for changing your LLC’s registered agent. Every business entity operating in Nebraska must maintain a registered agent or risk dissolution by the state. The only way for a company to change its registered agent is by submitting – either by mail or online – a Statement of Change form, including information on both the new and former agents.
The Secretary of State’s New Business Information page has some general information on registered agents, and the state’s Revised Statutes, Section 21-1935 gives more specifics.
You can’t pick just anyone to be a registered agent for your LLC. The state of Nebraska puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Nebraska must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in Nebraska
In order to change your registered agent in Nebraska, you’ll need to download and complete a “Statement of Change of Registered Office, Registered Agent, or Registered Agent Address” form. You can submit this form either online or by mail.
For either option, you’ll need to complete the form linked above, so fill that out before proceeding to the next step.
Let’s start with online since it’s the quickest and easiest option. Follow these instructions and you’ll be done in no time:
Or, if you prefer postal mail, take that finished form and send off two copies to:
Robert B. Evnen Secretary of State
P.O. Box 94608
Lincoln, NE 68509
Either filing method comes with a $15 fee (plus a $2 service fee for online forms). For mailed forms, include a check made out to “Secretary of State,” and for online submissions, you can pay via Visa, Mastercard, Discover, or American Express.
While some states let LLCs change their registered agent on biennial reports or by amending their Certificate of Organization, Nebraska does not. You must file the designated form to make this change.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? That’s all you have to do! Kick back and wait for your new registered agent to show up on your records. The Nebraska Secretary of State’s typical processing time is 1-2 business days after receipt of your form.
Think of your registered agent as a mediator between you and the state of Nebraska, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every Nebraska business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Nebraska small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Nebraska registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.
There are numerous reasons you might need to give up your Nebraska registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Nebraska LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
The Nebraska Secretary of State doesn’t require you to inform your LLC before officially resigning. They will send a copy of your resignation to the company after you submit it (Revised Statute 21-235). That said, it can be helpful for everyone involved if you reach out to them in advance. This gives the LLC more time to establish a transition plan for changing their registered agent, thereby avoiding fines or other penalties.
But it’s not a one-sided deal. Giving advance notice can help your resignation move quicker. Once the Secretary of State processes your filing, you remain on file as the registered agent for 31 days. But if your LLC already has a replacement lined up, you can pass off your duties sooner.
You’re ready to dive into your next project, but before leaving your current role, you must file an official resignation with the Secretary of State. There is no official resignation form, so you’ll need to create your own. Fortunately, you’re only required to include a few pieces of information, so it shouldn’t take long. While drafting your statement of resignation, make sure to incorporate the following:
And that’s it! There’s a small filing fee involved, $10 plus a $5 recording fee for each page. Pay via check (made out to “Nebraska Secretary of State”) or credit card (if filing in person). Along with your payment, you must submit the original plus two exact copies to the Secretary of State. Mail your documents to:
Nebraska Secretary of State
Business Services Division
PO Box 94608
Lincoln, NE 68509-4608
If you happen to live near Lincoln and need a break from the office, you can also hand deliver it to 1201 N St., Suite 120, Lincoln, NE 68508.
Mailed documents are processed within 3-4 business days, and in-person submissions are processed right away. As mentioned earlier, your resignation doesn’t take effect until 31 days after it’s processed unless your LLC appoints a replacement sooner. Just be aware that you may still receive service of process for the LLC up to one month after you resign.
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. Any Nebraska business entity that goes more than 60 days without a valid registered agent risks administrative dissolution from the state. So, if your LLC doesn’t find your replacement in time, they could lose their ability to conduct business in the state.
However, they can’t choose just anyone. Your successor must meet Nebraska’s registered agent requirements. The state requires that they:
An LLC is allowed to appoint one of its individual owners or members as registered agent, but there are times when it’s easier and more productive to use a professional service instead.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Nebraska LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Nebraska or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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