Trade Name (DBA) Registration and Publication Notice - Nebraska

TRADE NAME (DBA) REGISTRATION AND PUBLICATION NOTICE

State of Nebraska

IMPORTANT NOTICE

Nebraska law requires that any person or entity conducting business under a trade name register that name with the Nebraska Secretary of State pursuant to Neb. Rev. Stat. § 87-209. Additionally, Nebraska is one of the states that mandates newspaper publication of the trade name registration. Under Neb. Rev. Stat. § 87-213, proof of publication must be filed with the Secretary of State within forty-five (45) days of the registration date, or the registration will be cancelled.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Applicant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

Nebraska Secretary of State ID (if applicable): [________________________________]

1.2 Contact Information

Applicant's Street Address:

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Designated Office in Nebraska (the physical street address where principal business records are maintained):

Street: [________________________________]

City: [________________________________] County: [________________________________] State: NE Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Additional Owners / Partners (if applicable)

PART TWO: TRADE NAME INFORMATION

2.1 Trade Name to Be Registered

Trade Name (DBA): [________________________________]

2.2 Nature of Business

Brief Description of Goods or Services:

[________________________________]

[________________________________]

2.3 Date of First Use

Date Trade Name Was First Used in Nebraska: [__/__/____]

Date Trade Name Was First Used Anywhere: [__/__/____]

☐ Not yet in use; anticipated commencement date: [__/__/____]

2.4 Business Location

City/Village Where Business Is Located:

[________________________________]

County: [________________________________]

PART THREE: NEBRASKA STATUTORY REQUIREMENTS

3.1 Registration with Secretary of State (Neb. Rev. Stat. § 87-209)

Under Neb. Rev. Stat. § 87-209, any person conducting business under a trade name must register that name with the Nebraska Secretary of State.

3.2 Application Requirements (Neb. Rev. Stat. § 87-210)

The application for registration must contain:

☐ The trade name to be registered
☐ The applicant's full legal name
☐ The applicant's street address (P.O. Box is not sufficient)
☐ A description of the goods or services offered under the trade name
☐ The date of first use of the trade name in Nebraska
☐ The date of first use of the trade name anywhere
☐ The type of entity (individual, partnership, corporation, LLC, etc.)
☐ The state or country of organization (if not an individual)

3.3 Mandatory Publication (Neb. Rev. Stat. § 87-213)

Nebraska requires newspaper publication of every trade name registration. This is a critical compliance step:

☐ The registration must be published once in a newspaper of general circulation published in the city or village where the business is located
☐ If no newspaper is published in the city or village, publication must be made in a newspaper of general circulation in the county
☐ Proof of publication must be filed with the Secretary of State within forty-five (45) days from the date of registration

3.4 Cancellation for Failure to Publish (Neb. Rev. Stat. § 87-214)

If proof of publication is not filed within forty-five (45) days, the registration shall be cancelled. This is an automatic consequence — no notice or hearing is provided.

3.5 Filing Fees

3.6 Filing Office

Nebraska Secretary of State
Business Services Division
P.O. Box 94608
Lincoln, NE 68509-4608

Physical: 1201 N Street, Suite 120, Lincoln, NE 68508

Online Filing: https://sos.nebraska.gov/business-services

PART FOUR: APPLICATION FOR REGISTRATION OF TRADE NAME

(Pursuant to Neb. Rev. Stat. § 87-210)

APPLICATION FOR REGISTRATION OF TRADE NAME

TO: Nebraska Secretary of State

The undersigned applicant hereby applies for registration of the following trade name pursuant to Neb. Rev. Stat. §§ 87-208 to 87-219:

1. Trade Name: [________________________________]

2. Applicant's Full Legal Name: [________________________________]

3. Applicant's Street Address:

[________________________________]

[________________________________]

4. Entity Type: [________________________________]

5. State of Organization (if not individual): [________________________________]

6. Description of Goods or Services:

[________________________________]

[________________________________]

7. Date of First Use in Nebraska: [__/__/____]

8. Date of First Use Anywhere: [__/__/____]

9. Designated Office Address in Nebraska:

[________________________________]

10. Declaration:

The undersigned declares that the information contained in this application is true and correct to the best of the applicant's knowledge and belief.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART FIVE: PUBLICATION NOTICE

(Required — Neb. Rev. Stat. § 87-213)

NOTICE OF REGISTRATION OF TRADE NAME

The following notice must be published once in a newspaper of general circulation in the city, village, or county where the business is located.

NOTICE OF REGISTRATION OF TRADE NAME

Notice is hereby given that [Applicant's Full Legal Name], [entity type], whose address is [Applicant's Street Address], has registered the trade name "[Trade Name]" with the Nebraska Secretary of State on [Date of Registration], pursuant to the Nebraska Trade Name Registration Act, Neb. Rev. Stat. §§ 87-208 to 87-219.

The general nature of the business to be conducted under the trade name is: [Description of Goods/Services].

The trade name was first used in Nebraska on [Date of First Use in Nebraska].

[Applicant's Full Legal Name]
[Applicant's Street Address]

Publication Checklist

☐ Identify a newspaper of general circulation in the city/village where the business is located
☐ If no newspaper exists in the city/village, use a newspaper of general circulation in the county
☐ Publish the notice once (one insertion)
☐ Request that the newspaper provide an Affidavit of Publication after publication
☐ File the Affidavit of Publication with the Secretary of State within forty-five (45) days of the registration date
☐ There is no fee to file proof of publication with the Secretary of State

CRITICAL DEADLINE: Failure to file proof of publication within 45 days will result in automatic cancellation of the trade name registration under Neb. Rev. Stat. § 87-214.

PART SIX: AFFIDAVIT OF PUBLICATION

State of Nebraska
County of [________________________________]

I, [________________________________], being duly sworn, depose and say:

1. I am the [Title, e.g., Publisher / Editor / Authorized Representative] of [Newspaper Name], a newspaper of general circulation published in the [city/village/county] of [________________________________], Nebraska.

2. The attached Notice of Registration of Trade Name for the trade name "[Trade Name]" was published in said newspaper on the following date(s):

Publication date: [__/__/____]

3. The publication was made in compliance with Neb. Rev. Stat. § 87-213.

Subscribed and sworn to before me this [____] day of [____________], [________].

Affiant Signature: _________________________________

Print Name: [________________________________]

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART SEVEN: RENEWAL OF TRADE NAME REGISTRATION

7.1 Registration Term (Neb. Rev. Stat. § 87-211)

A Nebraska trade name registration is effective for a term of ten (10) years from the date of registration.

7.2 Renewal Requirements

Under Neb. Rev. Stat. § 87-211, the registration may be renewed for successive ten-year periods by filing a renewal application with the Secretary of State:

☐ File the renewal application within six (6) months prior to the expiration of the current ten-year term
☐ Pay the renewal fee ($100.00 online / $110.00 paper)
☐ The renewal application must include a verified statement that the trade name is still in use in Nebraska

7.3 Renewal Timeline

7.4 Consequences of Failure to Renew

☐ The trade name registration will expire at the end of the ten-year term
☐ The registrant loses any priority or protections associated with the registration
☐ The trade name may become available for registration by third parties
☐ A new registration (with new publication) would be required to re-register the name

PART EIGHT: ASSIGNMENT, AMENDMENT, AND CANCELLATION

8.1 Assignment (Neb. Rev. Stat. § 87-215)

A trade name registration may be assigned to a successor by filing an assignment with the Secretary of State:

☐ File a Trade Name Assignment form
☐ Pay the assignment fee ($100.00 online / $110.00 paper)
☐ The assignment must be signed by both the assignor and assignee

8.2 Amendment

If material information in the registration changes, file an amended application:

☐ Change in the applicant's legal name or address
☐ Change in the nature of the business
☐ Change in ownership

8.3 Cancellation (Neb. Rev. Stat. § 87-216)

When the trade name is no longer in use, a cancellation should be filed:

☐ File a Trade Name Cancellation with the Secretary of State
☐ No filing fee for cancellation
☐ Cancellation is effective upon acceptance

PART NINE: PENALTIES FOR NON-COMPLIANCE

9.1 Failure to Register (Neb. Rev. Stat. § 87-219)

Under Neb. Rev. Stat. § 87-219, any person who violates the provisions of the Trade Name Registration Act may be subject to:

☐ A civil penalty
☐ Inability to maintain legal actions on contracts entered under an unregistered trade name
☐ Other sanctions as provided by law

9.2 False Statements

Any person who knowingly makes a false statement in a trade name registration application may be subject to penalties for perjury and other sanctions under Nebraska law.

9.3 Failure to Publish

Failure to publish and file proof of publication within forty-five (45) days results in automatic cancellation of the registration under Neb. Rev. Stat. § 87-214. This is the most common compliance failure and can only be corrected by filing a new registration and completing publication.

PART TEN: NOTARY ACKNOWLEDGMENT (OPTIONAL)

Nebraska does not require notarization of the trade name registration application itself. However, the Affidavit of Publication (Part Six) must be notarized. The following block is provided for any additional notarization needs.

State of Nebraska
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, 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 for the purposes therein contained.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART ELEVEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Trade Name Registration and Publication Notice as of the date set forth below.

Applicant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TWELVE: FILING INSTRUCTIONS AND CHECKLIST

Complete Filing Guide

Step 1: Search for Name Availability

☐ Search the Nebraska Secretary of State business name database: https://sos.nebraska.gov/business-services
☐ Confirm the trade name is not already registered or confusingly similar
☐ Consider a federal trademark search at www.uspto.gov

Step 2: Complete and File the Application

☐ Complete the Application for Registration of Trade Name (Part Four)
☐ File online at https://sos.nebraska.gov/business-services or by mail
☐ Pay the filing fee ($100.00 online / $110.00 paper)
☐ Note the date of registration — the 45-day publication clock starts now

Step 3: Publish the Notice (MANDATORY)

☐ Immediately arrange publication with a newspaper of general circulation
☐ Use the Publication Notice form in Part Five
☐ Publication must appear at least once
☐ The newspaper should be located in the city/village of the business, or if none, in the county

Step 4: Obtain and File Proof of Publication

☐ Obtain the Affidavit of Publication from the newspaper after publication
☐ File the Affidavit with the Secretary of State
☐ CRITICAL: File within forty-five (45) days of registration date
☐ No fee is required to file proof of publication
☐ Failure to file within 45 days = automatic cancellation

Step 5: Maintain Records and Calendar Deadlines

☐ Retain all filed documents, the Affidavit of Publication, and receipts for a minimum of seven (7) years
☐ Calendar the ten-year renewal deadline at least six (6) months in advance
☐ File amendments promptly upon any material change
☐ File cancellation when the trade name is no longer in use

Sources and References

• Nebraska Secretary of State — Trade Name Registration: https://sos.nebraska.gov/business-services
• Neb. Rev. Stat. §§ 87-208 to 87-219 (Trade Name Registration Act)
• Nebraska Secretary of State — Select Trade Name Statutes: https://sos.nebraska.gov/business-services/select-trade-name-statutes
• Application for Registration of Trade Name (Form): https://sos.nebraska.gov/sites/default/files/doc/business-services/Corporations/Forms/ApplicationforTradeName.pdf

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a Nebraska-licensed attorney before filing.