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§ 25-530.08.Company, firm, or unincorporated association; appointment of agent; execution on judgment; fees.

Article 5: Commencement of Actions and Service of Process · Last amended 1989 · Last verified July 22, 2026

In one sentenceSection 25-530.08 requires a company, firm, or unincorporated association that has its main place of business outside Nebraska, and no regular in-state presence, to file a certified statement naming a Nebraska agent for service before doing business here, and it limits execution on any resulting judgment to that entity’s property.

Full Text of § 25-530.08

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When a company, firm, or unincorporated association described in section 25-313 has its principal place of business or activity outside of this state and does not have a usual place of doing business or activity within the state or a clerk or general agent within the state, such company, firm, or unincorporated association shall appoint an agent or agents in this state, and before it is authorized to engage in any kind of business or activity in this state, such company, firm, or unincorporated association shall file in the office of the Secretary of State a certified statement setting forth that such company, firm, or unincorporated
association is doing business or conducting activities in the State of Nebraska, stating the nature of the business or activity, and designating an agent or agents within the State of Nebraska upon whom process or other legal notice of the commencement of any legal proceeding or in the prosecution thereof may be served. Executions issued on any judgments rendered in such proceedings shall be levied only on property of the company, firm, or unincorporated association. A fee of five dollars shall be paid for filing the certified statement with the Secretary of State. If there is a change of the agent or agents or if there is a change of street address, a statement shall be filed with the Secretary of State stating the name of the new agent or agents or the new street address or both. A filing fee of three dollars shall be paid for the filing of such statement. This section shall not apply to domestic limited partnerships and foreign limited partnerships governed by the Nebraska Uniform Limited Partnership Act.

Source

R.S.1867, Code § 25, p. 397; R.S.1913, § 7595; C.S.1922, § 8538; C.S.1929, § 20-314; R.S.1943, § 25-314; Laws 1947, c. 82, § 2, p. 257; Laws 1959, c. 96, § 1, p. 414; Laws 1961, c. 109, § 1, p. 346; Laws 1974, LB 951, § 1; Laws 1983, LB 447, § 16; R.S.Supp.,1984, § 25-314; Laws 1989, LB 482, § 5.

Cross References

Nebraska Uniform Limited Partnership Act, see section 67-296.

Plain-English Summary

An out-of-state company doing business in Nebraska still has to be reachable in court, and Section 25-530.08 makes sure of that. A company, firm, or unincorporated association whose principal place of business or activity sits outside Nebraska, and that has no usual in-state place of business and no clerk or general agent here, must appoint one or more Nebraska agents before it is authorized to do business or conduct activities in the state.

Getting that authorization means filing a certified statement with the Secretary of State. The statement has to say the entity is doing business or conducting activities in Nebraska, describe the nature of that business or activity, and name the agent or agents in Nebraska on whom process and other legal notice can be served, for a five-dollar filing fee. If the agent or the entity’s street address changes, the entity has to file an updated statement, for a three-dollar fee.

The section also limits the consequences of a lawsuit against such an entity. Any execution on a judgment from a proceeding served this way can be levied only against the property of the company, firm, or association itself — not against other assets outside the reach the statute contemplates. One category is carved out entirely: domestic and foreign limited partnerships governed by the Nebraska Uniform Limited Partnership Act follow a different statute, not this one.

Frequently Asked Questions

Which businesses does Section 25-530.08 apply to?

A company, firm, or unincorporated association whose principal place of business or activity is outside Nebraska and that has no usual place of business and no clerk or general agent within the state.

What does an out-of-state entity have to file before doing business in Nebraska?

A certified statement with the Secretary of State describing the nature of the business or activity in Nebraska and naming an agent or agents in the state authorized to accept process and legal notice.

What does it cost to file the statement, and to update it later?

Five dollars to file the original certified statement, and three dollars to file an updated statement if the agent or the street address changes.

If I get a judgment against one of these entities, what property can I collect from?

Execution on the judgment can be levied only on property belonging to the company, firm, or unincorporated association itself.

Does this section apply to limited partnerships?

No. Domestic and foreign limited partnerships governed by the Nebraska Uniform Limited Partnership Act are specifically excluded from this section.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: foreign company agent for service nebraskaout of state business nebraska agentcertified statement secretary of state agentunincorporated association service of process25-530.08 statute