There are also questions as to what extent Dempsters LLC, the limited liability company formed by Ryan Mitchell on Sept. 9 in Jackson, Wyo., can legally do business in the state of Nebraska.
State law requires LLCs formed in other states to apply for a certificate of authority to transact business and submit a biannual report from companies in addition to paying a flat fee.
According to the Nebraska Secretary of State’s office, Dempsters Inc. attempted to register as a foreign LLC on Sept. 17, but the application was denied because the company’s name is too similar to an existing LLC currently registered with the state.
The application was returned to a Nevada law office, Corporate Direct Inc.
Dempster and Sons Inc., an Orchard farming company located in north central Nebraska, was formed in 1979 and has maintained a perpetual registration with the state. Mitchell must either change the name of the company or receive permission from Dempster and Sons Inc. to use the Dempsters Inc. name.
Sunny Green LLC, an Ohio-based company which owns the mortgage on the Dempsters building, is not registered in Nebraska either, a check of Nebraska LLC findings shows.
Reach Chris Dunker at email@example.com. Follow him on Twitter @ChrisDunkerDS.