FICTITIOUS BUSINESS NAME / TRADE NAME

REGISTRATION & PUBLICATION NOTICE

(State of Nebraska)

[// GUIDANCE: This template is designed for use in connection with the Nebraska Trade Name registration process (sometimes referred to as “DBA” or “Fictitious Business Name”). Nebraska law requires:
1. Filing an “Application for Registration of Trade Name” with the Nebraska Secretary of State;
2. Publication of this Notice once each week for three (3) consecutive weeks in a legal newspaper of general circulation in the county of the business’s “Designated Office”; and
3. Filing the newspaper’s Affidavit of Publication with the Secretary of State within forty-five (45) days after the application is filed.
Adapt all bracketed placeholders before use. Remove the guidance bubbles prior to final execution and submission.]

I. DOCUMENT HEADER

1. Title. Notice of Registration of Trade Name (“Fictitious Business Name”)
2. Effective Date. [EFFECTIVE DATE]
3. Applicant(s). [FULL LEGAL NAME OF APPLICANT(S)]
4. Governing Law & Venue. The substantive and procedural requirements of the trade-name statutes of the State of Nebraska (“State Business Law”) govern this Notice. Venue for any filing, recording, or judicial relief related to this Notice shall lie exclusively with the appropriate [NAME OF COUNTY] County Court/Clerk.

II. DEFINITIONS

For purposes of this Notice (including any required publication):

“Applicant” means the individual, partnership, corporation, limited liability company, or other legal entity identified in Section III.1.

“Business Address” means the physical street address within or outside Nebraska from which the Applicant transacts or intends to transact business under the Trade Name.

“Designated Office” means the Nebraska street address (or, if none, the principal out-of-state office) at which the Applicant maintains its principal business records.

“Publication Period” means three (3) consecutive weekly issues of a legal newspaper of general circulation published in [NAME OF COUNTY] County, Nebraska.

“Renewal Deadline” means the date ten (10) years from the Effective Date, or such earlier termination date as may be imposed by applicable law, by which the Applicant must file a renewal to maintain exclusive rights in the Trade Name.

“Trade Name” means the fictitious business name stated in Section III.2 that the Applicant desires to register and under which the Applicant proposes to transact business in Nebraska.

III. OPERATIVE PROVISIONS

1. Applicant Details
   a. Full Legal Name: [APPLICANT LEGAL NAME]
   b. Entity Type: [INDIVIDUAL / PARTNERSHIP / CORPORATION / LLC / OTHER]
   c. State/Country of Organization (if not an individual): [STATE]
   d. Business Address: [STREET, CITY, STATE, ZIP]
   e. Designated Office (if different): [ADDRESS]

2. Trade Name to Be Registered
   Trade Name: [TRADE NAME]

3. Nature of Business
   [BRIEF DESCRIPTION – e.g., “retail clothing sales,” “software development,” etc.]

4. Date First Used (if any)
   The Trade Name was first used in Nebraska (or anywhere) on [MM/DD/YYYY].
   [// GUIDANCE: If the name has not yet been used, insert “N/A – first use anticipated on or about [DATE].”]

5. Publication Obligation
   The Applicant shall cause this Notice to be:
   a. Published once each week for the Publication Period; and
   b. Published in [NAME OF QUALIFIED LEGAL NEWSPAPER].

6. Proof of Publication
   The Applicant shall obtain from the publisher an Affidavit of Publication (or equivalent statutory proof) and file the same with the Nebraska Secretary of State no later than forty-five (45) days after the Application for Registration of Trade Name is filed.

7. Renewal
   The Applicant acknowledges that the Trade Name registration is effective for ten (10) years from the Effective Date and must be renewed on or before the Renewal Deadline in accordance with State Business Law.

8. Changes & Cancellation
   The Applicant shall timely report any change of name, address, ownership, or cessation of use of the Trade Name and shall file a cancellation if it ceases to use the Trade Name in Nebraska.

IV. REPRESENTATIONS & WARRANTIES

The Applicant represents and warrants to the State of Nebraska and to the public that:

1. All statements contained in this Notice and in the underlying Application for Registration of Trade Name are true, correct, and complete to the best of the Applicant’s knowledge and belief.
2. The Trade Name is not identical to, confusingly similar to, or a colorable imitation of any other trade name, trademark, or service mark already registered or protected under applicable law, to the best of the Applicant’s knowledge after reasonable inquiry.
3. The Applicant has full legal right, power, and authority to adopt and use the Trade Name in Nebraska.

V. COVENANTS

1. Compliance. The Applicant shall comply with all future amendments to Nebraska’s trade-name statutes and any regulations promulgated thereunder.
2. Lawful Use. The Trade Name shall not be used for any unlawful or fraudulent purpose.
3. Recordkeeping. The Applicant shall maintain complete and accurate records evidencing use of the Trade Name and shall make such records available to governmental authorities upon lawful request.

VI. DEFAULT & REMEDIES

1. Failure to publish this Notice in strict accordance with Section III.5 or failure to timely file proof of publication under Section III.6 constitutes a default under State Business Law and may result in:
   a. Administrative refusal, suspension, or cancellation of the Trade Name registration; and/or
   b. Loss of exclusive rights to the Trade Name in Nebraska.

2. Any false statement herein may expose the Applicant to civil liability and/or criminal penalties under applicable law, including but not limited to penalties for perjury.

VII. RISK ALLOCATION

[// GUIDANCE: Standard indemnification, liability caps, or insurance provisions are not applicable to a standalone statutory notice and have therefore been intentionally omitted.]

VIII. DISPUTE RESOLUTION

[// GUIDANCE: Because this Notice is a statutory filing rather than a private contract, arbitration, jury-waiver, and injunctive-relief clauses are inapplicable. Any dispute over acceptance, rejection, or cancellation of the Trade Name will be handled administratively by the Nebraska Secretary of State and, if necessary, reviewed by the appropriate Nebraska state court.]

IX. GENERAL PROVISIONS

1. Amendments. Any amendment to this Notice shall be effected by filing the statutorily prescribed “Amendment to Trade Name Registration” with the Secretary of State and, if required, by republishing an amended notice.
2. Assignment. The Trade Name may be assigned or transferred only in compliance with State Business Law, including requisite filings and publication.
3. Severability. If any part of this Notice is adjudged invalid or unenforceable, such judgment shall not affect the validity of the remaining portions, which shall continue in full force and effect.
4. Entire Notice. This instrument, together with any attachments or schedules hereto, constitutes the complete statutory notice required for registration and publication of the Trade Name. No oral or other written representation alters or supplements the contents hereof.

X. EXECUTION BLOCK

Executed on this ___ day of _, 20, at ________, Nebraska.

[// GUIDANCE: For entities, the signatory must have appropriate corporate authority (e.g., President of Corporation, Managing Member of LLC).]

(NOTARIZATION—OPTIONAL BUT RECOMMENDED)
State of Nebraska )
: ss.
County of ____ )

On this ___ day of _, 20, before me, a Notary Public in and for said county and state, personally appeared ________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same on behalf of the Applicant for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My Commission Expires: ____

[// GUIDANCE:
1. Attach the completed “Application for Registration of Trade Name” form prescribed by the Nebraska Secretary of State.
2. After publication, staple or otherwise permanently affix the newspaper’s Affidavit of Publication to this Notice before filing it with the Secretary of State.
3. Maintain a duplicate original for the Applicant’s records.]