Chapter 8 — BANKS AND BANKING
750 sections in this chapter.
Neb. Rev. Stat. § 8-1 Insolvent banks; liquidation; special deputies, assistants, counsel; appointment; compensation; discharge.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Transferred to section 8-101.03.
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[Repealed or reserved.]
Transferred to section 8-101.02.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-101.02 Act, how cited.
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Sections 8-101.02 to 8-1,143 shall be known and may be cited as the Nebraska Banking Act.
Neb. Rev. Stat. § 8-101.03 Terms, defined.
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For purposes of the Nebraska Banking Act, unless the context otherwise requires: (1) Access device means a code, a transaction card, or any other means of access to a customer's account, or any combination thereof, that may be used by a customer for the purpose of initiating an e…
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Transferred to section 8-1001.01.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Repealed. Laws 2013, LB 616, § 53.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-102 Department; supervision and control of specified financial institutions; declaration of public purpose; director; order, decision, or determination; authority to prescribe conditions.
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(1) The department shall, under the laws of this state specifically made applicable to each, have general supervision and control over banks, trust companies, credit unions, building and loan associations, savings and loan associations, and digital asset depositories, all of whic…
Neb. Rev. Stat. § 8-103 Director; financial institutions; supervision and examination; director and certain department employees; prohibited borrowing; exception; penalty.
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(1)(a) The director shall have charge of and full supervision over the examination of banks and the enforcement of compliance with the statutes by banks and their holding companies in their business and functions and shall constructively aid and assist banks in maintaining proper…
Repealed. Laws 2002, LB 1094, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-104 Director; oath; bond or insurance.
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The director shall, before assuming the duties of office, take and subscribe to the constitutional oath of office, file the oath in the office of the Secretary of State, and be bonded or insured as required by section 11-201.
Neb. Rev. Stat. § 8-105 Deputies; counsels, examiners, and assistants; salaries; bond or insurance.
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(1) The director may employ such deputies, counsels, examiners, and other assistants as he or she may need to discharge in a proper manner the duties imposed upon him or her by law. The deputies, counsels, examiners, and other assistants shall perform such duties as are assigned …
Neb. Rev. Stat. § 8-106 Director; rules and regulations; standards.
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The director may adopt and promulgate rules and regulations for the governance of banks under his or her supervision as may in his or her judgment seem wise and expedient and which do not in any way conflict with any of the provisions of law. In adopting and promulgating such rul…
Neb. Rev. Stat. § 8-107 Banks; books and accounts; failure to keep; penalty.
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The department has the authority to require the officers of any bank, or any of them, to open and keep such books or accounts as the department in its discretion may determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and account…
Neb. Rev. Stat. § 8-108 Director; bank, financial institution, holding company, or bank subsidiary; examination; powers; procedure; charge.
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(1)(a) The director, the director's deputy, or any duly appointed examiner has the authority to make a thorough examination into all the books, papers, and affairs of any bank or other financial institution chartered by the department or a holding company or bank subsidiary of su…
Neb. Rev. Stat. § 8-109 Financial institution examiner; failure to report unlawful conduct or unsafe condition; penalty.
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If any financial institution examiner has knowledge of the insolvency or unsafe condition of any financial institution chartered by the department, that there are bad or doubtful assets in any such financial institution, that any such financial institution or any of its officers …
Neb. Rev. Stat. § 8-110 Banks; bonds; filing; approval; requirements; open to inspection.
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The department shall require each bank to obtain a fidelity bond, naming the bank as obligee, in an amount to be fixed by the director. The bond shall be issued by an authorized insurer and shall be conditioned to protect and indemnify the bank from loss which it may sustain, of …
Neb. Rev. Stat. § 8-1101 Terms, defined.
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For purposes of the Securities Act of Nebraska, unless the context otherwise requires: (1) Agent means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect sales of securities, but agent does not include an indivi…
Neb. Rev. Stat. § 8-1101.01 Fair practice or ethical rules or standards; federal rules and regulations; federal acts; adoption.
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For purposes of the Securities Act of Nebraska: (1) Fair practice or ethical rules or standards promulgated by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, or a self-regulatory organization approved by the Securities and Exchange Commission…
Neb. Rev. Stat. § 8-1102 Fraudulent and other prohibited practices.
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(1) It shall be unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly: (a) To employ any device, scheme, or artifice to defraud; (b) To make any untrue statement of a material fact or to omit to state a material fact nece…
Neb. Rev. Stat. § 8-1103 Broker-dealers, issuer-dealers, agents, investment advisers, and investment adviser representatives; registration; procedure; exceptions; conditions; renewal; fees; accounts and other records; revocation or withdrawal of registration; when; powers of director regarding persons engaged or engaging in securities business.
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(1) It shall be unlawful for any person to transact business in this state as a broker-dealer, issuer-dealer, or agent, except in certain transactions exempt under section 8-1111, unless he or she is registered under the Securities Act of Nebraska. It shall be unlawful for any br…
Repealed. Laws 2003, LB 217, § 50.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-1104 Registration of securities; exceptions.
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It shall be unlawful for any person to offer or sell any security in this state unless (1) such security is registered by coordination under section 8-1106 or by qualification under section 8-1107, (2) the security is exempt under section 8-1110 or is sold in a transaction exempt…
Repealed. Laws 2013, LB 214, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-1106 Registration by coordination.
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(1) Any security for which a registration statement has been filed under the Securities Act of 1933 in connection with the same offering may be registered by coordination. (2) A registration statement under this section shall contain the following information and be accompanied b…
Neb. Rev. Stat. § 8-1107 Registration by qualification.
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(1) Any security may be registered by qualification. (2) A registration statement under this section shall contain the following information and be accompanied by the following documents, in addition to payment of the registration fee prescribed in section 8-1108 and, if required…
Neb. Rev. Stat. § 8-1108 Registration of securities; requirements; fees; effective date; reports; director, powers.
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(1) A registration statement may be filed by the issuer, by any other person on whose behalf the offering is to be made, or by a registered broker-dealer. Any document filed under the Securities Act of Nebraska within five years preceding the filing of a registration statement ma…
Neb. Rev. Stat. § 8-1108.01 Securities; sale without registration; cease and desist order; fine; lien; hearing.
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(1) Whenever it appears to the director that the sale of any security is subject to registration under the Securities Act of Nebraska and is being offered or has been offered for sale without such registration, he or she may order the issuer or offerer of such security to cease a…
Neb. Rev. Stat. § 8-1108.02 Federal covered security; filing; director; powers; sales; requirements; fees; consent to service of process.
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(1) The director, by rule and regulation or order, may require the filing of any or all of the following documents with respect to a federal covered security under section 18(b)(2) of the Securities Act of 1933: (a) Prior to the initial offer of such federal covered security in t…
Neb. Rev. Stat. § 8-1108.03 Federal covered security; filing fee; notice; open-end management company, face-amount certificate company, or unit investment trust; issue indefinite amount of securities; when.
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(1) Except as provided in subsections (2) and (3) of this section, there shall be paid to the director a filing fee of one-tenth of one percent of the aggregate offering price of the federal covered securities under section 18(b)(2) of the Securities Act of 1933 which are to be o…
Neb. Rev. Stat. § 8-1109 Registration of securities; denial, suspension, or revocation; grounds.
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The director may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement to register securities by coordination if he or she finds that the order is in the public interest and that: (1) Any such registration statement …