Chapter 8, BANKS AND BANKING
788 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[Repealed or reserved.]
Neb. Rev. Stat. § 8-1,100 Insolvent banks; liquidation; special deputies, assistants, counsel; appointment; compensation; discharge.
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The director may, under his or her hand and official seal, appoint such special deputies or assistants as he or she may find necessary for the efficient and economical liquidation of insolvent banks, with powers specified in the certificate of appointment, to assist him or her in…
Neb. Rev. Stat. § 8-1,101 Insolvent banks; liquidation; special deputies, assistants; bond or insurance; conditions.
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Upon the declaration of insolvency, the director shall require bonds or equivalent commercial insurance policies from the special deputies or assistants in sums and with such condition as the director shall specify, to be approved by the district court. The costs of any such bond…
Neb. Rev. Stat. § 8-1,102 Insolvent banks; department as receiver and liquidating agent; liens dissolved; assets; transfers to defraud creditors; preferences.
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Upon the declaration of insolvency of a bank by the director, the department shall become the receiver and liquidating agent to wind up the business of that bank, and the department shall be vested with the title to all of the assets of such bank wherever the assets may be situat…
Neb. Rev. Stat. § 8-1,103 Insolvent banks; liquidation; Director of Banking and Finance; powers.
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For the purpose of executing and performing any of the powers and duties hereby conferred upon him or her, the director may, in the name of the department or the insolvent bank or in his or her own name as director, prosecute and defend any and all actions and other legal proceed…
Neb. Rev. Stat. § 8-1,104 Insolvent banks; liquidation; director; collection of debts; sale or compromise of certain debts; procedure; deposit or investment of funds.
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Upon taking possession of the property and business of any bank, the director shall collect all money due to such bank and do such other acts as are necessary to conserve its assets and business and, on declaration of insolvency, he or she shall proceed to liquidate the affairs o…
Neb. Rev. Stat. § 8-1,105 Insolvent banks; reorganization or liquidation proceedings; district judge; jurisdiction.
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In any proceeding in connection with the insolvency, liquidation, or reorganization of a bank of which a district court has jurisdiction, a judge of the district court shall exercise such jurisdiction in any county in the judicial district for which he or she was appointed to per…
Neb. Rev. Stat. § 8-1,106 Insolvent banks; claims; filing; time limit.
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The director, within twenty days after the declaration of insolvency of a bank, shall file with the clerk of the district court of the county in which the main office of such bank is located, a list setting forth the name and address of each of the creditors of such bank as shown…
Neb. Rev. Stat. § 8-1,107 Insolvent banks; claims; listing and classification; notice to claimant; filing of objection; powers and duties of director.
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(1) Upon the expiration of the time fixed for presentation of claims, the director shall thoroughly investigate all claims and file with the clerk of the district court of the county in which the main office of the insolvent bank is located a complete list of all claims against w…
Neb. Rev. Stat. § 8-1,108 Insolvent banks; claims; objections to classification; hearing.
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Any person objecting to the classification of his or her claim and the order based thereon must, within thirty days of the filing of the classification and order with the clerk of the district court, begin an action in that court asking to reclassify his or her claim and to set a…
Neb. Rev. Stat. § 8-1,109 Insolvent banks; claims; certificate of indebtedness; assignment; payments endorsed on certificate.
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Upon the allowance of a claim against an insolvent bank, the director shall, upon request of the claimant, issue and deliver to the claimant a certificate of indebtedness showing the amount of the claim, the date of the allowance thereof, and whether such claim is one having prio…
Neb. Rev. Stat. § 8-1,110 Insolvent banks; claims; priority.
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The claims of depositors for deposits not otherwise secured and claims of holders of exchange shall have priority over all other claims, except federal, state, county, and municipal taxes. Such claims shall, at the time of the declaration of insolvency of a bank, be a first lien …
Neb. Rev. Stat. § 8-1,111 Insolvent banks; priority; not affected by federal deposit insurance.
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When a bank whose deposits are insured by the Federal Deposit Insurance Corporation becomes insolvent, neither the deposits in the bank nor the exchange of such bank shall be deemed to be otherwise secured by reason of such insurance for purposes of section 8-1,110.
Neb. Rev. Stat. § 8-1,112 Insolvent banks; director; payment of dividends.
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At any time after the expiration of the date fixed for the presentation of claims, the district court may by order, upon the application of the director, authorize the director to declare out of the funds remaining in his or her hands, after the payment of expenses, one or more d…
Neb. Rev. Stat. § 8-1,113 Insolvent banks; liquidation expenses; allocation; certification.
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The director shall from time to time allocate to the various banks in liquidation the expenses of the department by reason of such liquidation, other than the compensation and expense of the special deputy or assistant in charge and the fees for legal services directly incident t…
Neb. Rev. Stat. § 8-1,115 Insolvent banks; liquidation; reports to district court; dissolution of bank; cancellation of charter.
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The director shall from time to time make and file with the clerk of the district court of the county in which the main office of the insolvent bank is located a report of his or her acts of liquidation of each insolvent bank. He or she shall, upon the completion of the liquidati…
Neb. Rev. Stat. § 8-1,116 Insolvent banks; stockholders; restoration of solvency; conditions.
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After the department has taken possession of any bank under the Nebraska Banking Act, the stockholders of the bank may repair its credit, restore or substitute its reserves, and otherwise place it in safe condition. Such bank shall not be permitted to reopen its business until th…
Neb. Rev. Stat. § 8-1,117 Banks; impaired capital; assessments on stock to restore; preferred stock excepted.
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If the capital of a bank becomes impaired, whether the department has taken possession of the bank or not, and if stockholders representing eighty-five percent or more of the common capital stock of the bank, with a view of restoring the impaired capital, shall, with the approval…
Neb. Rev. Stat. § 8-1,118 Insolvent banks; restoration of solvency; reopening for limited business; conditions; costs; new deposits treated as a trust fund; expenses.
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If the director, with a view to restoring the solvency of any bank which the department has taken possession of pursuant to law, approves a contract or plan whereby the bank is permitted to receive deposits and pay checks and do a limited banking business, entered into between th…
Neb. Rev. Stat. § 8-1,119 Violations; general penalty.
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Where no other punishment is provided in the Nebraska Banking Act, any person violating any provision of the act is guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 8-1,124 Emergencies; terms, defined.
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As used in sections 8-1,124 to 8-1,129, unless the context otherwise requires: (1) Emergency means any condition or occurrence, actual or threatened, which interferes physically with the conduct of normal business operations at one or more or all of the offices of a financial ins…
Neb. Rev. Stat. § 8-1,125 Emergencies; proclamation; director; effect; temporary office.
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(1) Whenever the director is of the opinion that an emergency exists, or is impending, he or she may, by proclamation, authorize any financial institution located in the affected area to close any or all of its offices. In addition, if the director is of the opinion that an emerg…
Neb. Rev. Stat. § 8-1,126 Emergencies; officers; powers.
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Whenever the officers of a financial institution are of the opinion that an emergency exists, or is impending, which affects, or may affect, one or more or all of a financial institution's offices, they shall have the authority, in the reasonable and proper exercise of their disc…
Neb. Rev. Stat. § 8-1,127 Emergency; proclamation; President of United States; Governor; effect.
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The officers of a financial institution may close any one or all of the financial institution's offices on any day, designated by proclamation of the President of the United States or the Governor, as a day or days of mourning, rejoicing, or other special observance.
Neb. Rev. Stat. § 8-1,128 Emergency; closing; notice; contents.
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A financial institution closing an office pursuant to the authority granted under section 8-1,126 shall give as prompt notice of its action as conditions will permit and by any means available, to the director.
Neb. Rev. Stat. § 8-1,129 Emergencies; laws applicable.
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(1) Any day on which a financial institution, or any one or more of its offices, is closed during all or any part of its normal business hours pursuant to the authorization granted under sections 8-1,124 to 8-1,129 shall be, with respect to such financial institution or, if not a…
Neb. Rev. Stat. § 8-1,130 Investments in savings accounts in name of fiduciary; open account; withdrawal; death of fiduciary; effect.
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Any bank, building and loan association, or savings and loan association may accept investments in savings accounts or shares in the name of any administrator, personal representative, custodian, conservator, guardian, trustee, or other fiduciary for a named beneficiary or benefi…
Neb. Rev. Stat. § 8-1,131 Retirement plan, medical savings account, or health savings account, investments; bank as trustee or custodian; powers and duties; account, how treated.
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(1) All banks are qualified to act as trustee or custodian under the federal Self-Employed Individuals Tax Retirement Act of 1962, as amended, or under the terms and provisions of section 408(a) of the Internal Revenue Code, if the provisions of such retirement plan require the f…
Neb. Rev. Stat. § 8-1,133 Bank; business of leasing personal property; subject to rules and regulations.
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Any bank may engage, directly or indirectly, in the business of leasing personal property subject to rules and regulations as may be adopted and promulgated by the director.
Neb. Rev. Stat. § 8-1,134 Violations; director; powers; fines; notice; hearing; closure; emergency powers; service; procedures.
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(1) Whenever the director has reason to believe that a violation of any provision of Chapter 8 or of the Credit Union Act or any rule and regulation or order of the director has occurred, he or she may cause a written complaint to be served upon the alleged violator. The complain…
Neb. Rev. Stat. § 8-1,135 Appeal; procedure.
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Any person aggrieved by a final order of the director made pursuant to section 8-1,134 may appeal the order, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 8-1,136 Action to enjoin and enforce compliance.
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Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of Chapter 8 or the Credit Union Act, he or she may bring an action in the name of the director and the department in any court o…
Neb. Rev. Stat. § 8-1,137 Evidence of violation; refer to prosecuting attorney.
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The director may refer such evidence as may be available concerning violations of the Nebraska Criminal Code or of any rule and regulation or order under Chapter 8 or under the Credit Union Act to the Attorney General or the proper county attorney. It shall be the duty of each co…
Neb. Rev. Stat. § 8-1,138 Violation of final order; liability; penalty.
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(1) Any person who violates any of the provisions of a final order issued by the director shall be liable to any person or entity who suffers damage proximately caused by such violation. (2) Any person who knowingly violates any final order issued by the director pursuant to sect…
Neb. Rev. Stat. § 8-1,139 Misapplication of funds or assets; penalty.
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An officer, director, agent, or employee of a bank, trust company, building and loan association, savings and loan association, credit union, or other similar entity which is chartered, licensed, regulated, or examined by the department who willfully misapplies any of the money, …
Neb. Rev. Stat. § 8-1,140 Federally chartered bank; bank organized under laws of Nebraska; rights, privileges, benefits, and immunities; exception.
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Notwithstanding any of the other provisions of the Nebraska Banking Act or any other Nebraska statute, any bank incorporated under the laws of this state and organized under the provisions of the act, or under the laws of this state as they existed prior to May 9, 1933, shall dir…
Neb. Rev. Stat. § 8-1,141 Controllable electronic record custody; qualified custodian; requirements.
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(1) The provisions of this section are cumulative and not exclusive as an optional framework for enhanced supervision of controllable electronic record custody. (2) If a financial institution is authorized to provide digital asset services under this section, it shall comply with…
Neb. Rev. Stat. § 8-1,142 Controllable electronic record custody; rules and regulations.
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The director may adopt and promulgate rules and regulations to implement sections 8-1,141 to 8-1,143.
Neb. Rev. Stat. § 8-1,143 Controllable electronic records; courts; jurisdiction.
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The courts of Nebraska shall have jurisdiction to hear claims in both law and equity relating to controllable electronic records, including those arising under sections 8-1,141 to 8-1,143 and the Uniform Commercial Code.
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.]