How to File Nonprofit Articles of Incorporation in Nebraska

Step 1: List Your Nonprofit’s Name

The first step in drafting your Nebraska Articles of Incorporation is to list your nonprofit corporation’s name. If you haven’t gone through the process of establishing a name for your organization, here are the requirements for naming a nonprofit in Nebraska:

• Your nonprofit’s name must be distinguishable from any other name on record within the state of Nebraska, including any reserved names.
• Your nonprofit’s name can’t lead the public to believe the organization exists for a purpose other than what’s listed in its Articles of Incorporation.

Step 2: State Your Corporation Type

Include one of the following statements in article two of your formation document:

• This corporation is a public benefit corporation.
• This corporation is a mutual benefit corporation.
• This corporation is a religious corporation.

Step 3: Choose a Registered Agent

A registered agent and registered office are required to file the Articles of Incorporation in Nebraska. Either an individual or a business with a physical address in Nebraska may fill the role of your registered agent. A registered agent’s responsibilities include accepting and forwarding service of process documents for the corporation as well as serving as a point of contact for the entity.

Requirements for this section include:

• The name of your chosen registered agent
• The street address of your registered office (You may provide a P.O. Box in addition to the street address.)

Step 4: List Your Incorporator Information

An incorporator is any person who participates in the completion and submission of the Articles of Incorporation. List the name and address of each incorporator in this section.

Step 5: Confirm Any Members

Confirm whether or not your nonprofit will have members by including one of the following statements:

• This corporation will have members. 
• This corporation won’t have members.

Step 6: Outline the Distribution of Assets Upon Dissolution

Describe how your nonprofit corporation’s assets will be distributed upon its dissolution.

Distribution of assets upon dissolution must be for approved, tax-exempt purposes only. For more information about the requirements of dissolution and 501(c)(3) status, refer to the sixth section of the Internal Revenue Service’s (IRS’) suggested language for corporations and associations.

Step 7: Describe Your Nonprofit’s Purpose

In this section, describe your nonprofit’s purpose. That purpose listed must include one or more of the following characteristics for your nonprofit to be eligible for 501(c)(3) status:

• Charitable
• Religious
• Educational
• Scientific
• Literary
• Testing for public safety
• Fostering national/international amateur sports competition
• Preventing cruelty to animals/children

Step 8: Name Your Initial Board of Directors

Name your initial board of directors as well as a street address for each. To qualify for 501(c)(3) status, you must have at least three directors.

When listing your nonprofit’s initial board of directors, follow these requirements:

• Don’t include any prefixes, such as “Mr.” or “Ms.”
• If applicable, use titles of lineage.
• If applicable, use designations like “M.D.” or “Ph.D.”

For a complete guide to forming your nonprofit’s board of directors, read our How to Develop a Board of Directors for a Nonprofit in Nebraska article.

Step 9: Provide Any Additional Provisions

Provide any provisions consistent with the law in this section regarding:

• The management of the corporation;
• Details related to defining, limiting, and regulating the powers of the corporation, its board of directors, and its members (if applicable); and
• The characteristics, qualifications, rights, limitations, and obligations that apply to each class of members (if applicable).

Step 10: Provide Incorporator and Director Signatures

Each of your nonprofit’s incorporators and initial directors must sign the Articles of Incorporation before you file this formation document.

Step 11: File Formation Documents

There are two ways to file your Nebraska Articles of Incorporation: online via PDF upload or by mail. Hard copy filings must be filed in duplicate.