Chapter 45 — INTEREST, LOANS, AND DEBT
464 sections in this chapter.
Transferred to section 45-1056.
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[Repealed or reserved.]
Transferred to section 45-1057.
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[Repealed or reserved.]
Transferred to section 45-1058.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 53, § 115.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-189 Loan brokers; legislative findings.
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The Legislature finds that: (1) Many professional groups are presently licensed or otherwise regulated by the State of Nebraska in the interest of public protection; (2) Certain questionable business practices, such as the collection of an advance fee prior to the performance of …
Neb. Rev. Stat. § 45-190 Terms, defined.
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For purposes of sections 45-189 to 45-191.11, unless the context otherwise requires: (1) Advance fee means any fee, deposit, or consideration which is assessed or collected, prior to the closing of a loan, by a loan broker and includes, but is not limited to, any money assessed o…
Neb. Rev. Stat. § 45-191 Loan brokers; prohibited acts.
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No loan broker shall: (1) Assess or collect an advance fee from a borrower under a contract to provide services for the procurement of a loan of money; (2) Willfully, either orally or in writing, misrepresent the terms, benefits, privileges, or provisions of any service contract …
Neb. Rev. Stat. § 45-191.01 Loan brokerage agreement; written disclosure statement; requirements.
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(1) Prior to a borrower signing a loan brokerage agreement, the loan broker shall give the borrower a written disclosure statement. The cover sheet of the disclosure statement shall have printed, in at least ten-point boldface capital letters, the title DISCLOSURES REQUIRED BY NE…
Neb. Rev. Stat. § 45-191.02 Loan brokers; filings with department required; filing fees.
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(1) Before advertising or making any oral or written representation or acting as a loan broker in this state a loan broker shall file with the department one copy of the disclosure statement and one copy of any loan brokerage agreement. (2) The loan broker shall renew these filin…
Neb. Rev. Stat. § 45-191.03 Prohibited acts; violations; penalties.
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(1) A loan broker who fails to make accurate and timely filings as required by section 45-191.02 shall be guilty of a Class I misdemeanor. (2) A loan broker who willfully violates subdivision (1) of section 45-191 shall be guilty of: (a) A Class IV felony if the advance fee asses…
Neb. Rev. Stat. § 45-191.04 Loan brokerage agreement; requirements; right to cancel.
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(1) A loan brokerage agreement shall be in writing and shall be signed by the loan broker and the borrower. The loan broker shall furnish the borrower a copy of such signed loan brokerage agreement at the time the borrower signs it. (2) The borrower has the right to cancel a loan…
Neb. Rev. Stat. § 45-191.05 Waiver of sections; attempt; prohibited.
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A waiver of sections 45-189 to 45-191.11 by a borrower prior to or at the time of entering into a loan brokerage agreement is contrary to public policy and shall be void. Any attempt by a loan broker to have a borrower waive any rights pursuant to sections 45-189 to 45-191.11 sha…
Neb. Rev. Stat. § 45-191.06 Department; adopt rules and regulations.
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The department may adopt, promulgate, amend, and rescind such rules and regulations as necessary or appropriate to implement the purposes of sections 45-189 to 45-191.11.
Neb. Rev. Stat. § 45-191.07 Violation of loan brokerage agreement by loan broker; effect.
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(1) If a loan broker materially violates the loan brokerage agreement, the borrower may upon written notice void such loan brokerage agreement. In addition, the borrower may recover all money paid to the loan broker and any other damages, including reasonable attorney's fees. The…
Neb. Rev. Stat. § 45-191.08 Director; enforcement powers.
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(1)(a) The director in his or her discretion may make such investigations within or without this state as necessary to determine whether any person has violated or is about to violate sections 45-189 to 45-191.11 or to aid in the enforcement of such sections or in the adopting or…
Neb. Rev. Stat. § 45-191.09 Director; summary cease and desist order; when; other enforcement measures; collection of fines and costs; hearing; procedure; appeal.
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(1) The director may summarily order a loan broker to cease and desist from acting as a loan broker or from the use of certain forms or practices relating to the loan broker's activities if the order is in the public interest and the director finds: (a) The disclosure statement o…
Neb. Rev. Stat. § 45-191.10 Persons exempt.
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The following persons are exempt from sections 45-189 to 45-191.11 if such person does not hold himself or herself out, through advertising, signs, or other means, as a loan broker: Securities broker-dealer, real estate broker or salesperson, attorney, certified public accountant…
Neb. Rev. Stat. § 45-191.11 Burden of proof.
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In any proceeding under the provisions of sections 45-189 to 45-191.11, the burden of proving an exemption or an exception from a definition shall be upon the person claiming it.
Repealed. Laws 1993, LB 270, § 15.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 270, § 15.
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[Repealed or reserved.]
Transferred to section 45-1059.
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[Repealed or reserved.]
Transferred to section 45-1060.
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[Repealed or reserved.]
Transferred to section 45-1061.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 53, § 115.
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[Repealed or reserved.]
Transferred to section 45-1062.
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[Repealed or reserved.]
Transferred to section 45-1063.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 267, § 7.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 267, § 7.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 267, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-204 Terms, defined.
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As used in sections 45-204 to 45-209, unless the context otherwise requires: (1) Seller shall mean a person, firm, or corporation, except a bank, selling goods or furnishing services to a buyer under a revolving charge agreement, including the operator of a card system whereby a …
Neb. Rev. Stat. § 45-205 Agreements; requirements; fees and delinquency charges authorized.
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Every revolving charge agreement shall be in writing and shall be signed by the buyer. Such requirements may be met when disclosure of the revolving charge credit terms has been made to the buyer in conformity with the requirements of the federal Consumer Credit Protection Act be…
Neb. Rev. Stat. § 45-206 Monthly statement by seller; contents; payment in full; requirements.
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(1) The seller under a revolving charge agreement shall promptly supply the buyer under such agreement with a statement as of the end of each monthly period, which need not be a calendar month, or other regular period agreed upon by the seller and the buyer, in which there is any…
Neb. Rev. Stat. § 45-207 Time-price differential; rate; maximum.
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Notwithstanding the provisions of any other law, the seller or assignee under a revolving charge agreement may charge, receive, and collect a time-price differential which shall not exceed the following rate: One and three-quarters percent per month on amounts less than five hund…
Neb. Rev. Stat. § 45-208 Violations; penalty.
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Any person who willfully and knowingly violates any provisions of section 45-207 shall be guilty of a Class II misdemeanor. In addition the seller shall forfeit all time-price differential paid and cancel the outstanding indebtedness.
Neb. Rev. Stat. § 45-209 Prohibited acts.
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No person shall purchase securities, deposit funds, or make investments under a revolving charge agreement.
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 270, § 21, p. 817.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]