Foreign qualification with the Secretary of State in Nebraska refers to the process by which a business entity formed in another state seeks permission to conduct business in Nebraska. This legal requirement ensures that the business complies with local regulations and can operate within the state while maintaining its status as a foreign entity.
There are 2 different ways to foreign qualify in Nebraska depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in Nebraska or use Mosey to do it.
Use Mosey to register with the Secretary of State in Nebraska.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
Nebraska Foreign Registration for C Corporation
If you are "transacting business" in Nebraska, you must obtain a Certificate of Authority to Transact Business from the Nebraska Secretary of State. Nebraska has a non-exhaustive list of activities that do not constitute "transacting business" in the state.
Establish a Registered Agent
Maintain a registered agent in Nebraska. The registered agent can have a Nebraska street address (a post office box number may be provided in addition to the street address), reside in Nebraska, or be a corporation authorized to transact business in Nebraska.
Obtain Certificate of Good Standing
A corporation must provide a Certificate of Good Standing, or similar document, authenticated by the Secretary of State or other official in the home state. This must be issued within the last 60 days. Note: A certified copy of the articles of incorporation is not acceptable.
File for a Certificate of Authority to Transact Business
Electronically file your application for a Certificate of Authority to Transact Business.
Nebraska Foreign Registration for LLC
If you are "transacting business" in Nebraska, you must obtain a Certificate of Authority to Transact Business from the Nebraska Secretary of State. Nebraska has a non-exhaustive list of activities that do not constitute "transacting business" in the state.
Obtain Certificate of Good Standing
You must provide a Certificate of Good Standing, or similar document, authenticated by the Secretary of State or other official in your home state. This must be issued within the last 60 days. Note: A certified copy of the articles of incorporation is not acceptable.
Establish a Registered Agent
Establish and maintain a registered agent in Nebraska. The registered agent must have a Nebraska street address (a post office box number may be provided in addition to the street address), be an individual who resides in Nebraska, or a business authorized to transact business in Nebraska.
File for a Certificate of Authority to Transact Business
Electronically file your application for a Certificate of Authority to Transact Business.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in Nebraska.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in Nebraska.
