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591 sections in this chapter.
Neb. Rev. Stat. § 8-152 Banks; loans on real estate; authorized.
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A bank may make loans secured by real estate or may participate with other financial institutions in such loans whether such participation occurs at the inception of the loan or at any time after the loan was made.
Neb. Rev. Stat. § 8-153 Checks; preprinted information; cleared at par; exception.
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All checks, unless sent to banks as special collection items, shall have preprinted the magnetically encoded routing and transit symbol of the bank and either the name of the maker or the magnetically encoded account number of the maker. Except for checks sent to banks as special…
Neb. Rev. Stat. § 8-157 Branch banking; Director of Banking and Finance; powers.
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(1) Except as otherwise provided in this section and section 8-2103, the general business of every bank shall be transacted at the place of business specified in its charter. (2)(a)(i) Except as provided in subdivision (2)(a)(ii) of this section, with the approval of the director…
Neb. Rev. Stat. § 8-157.01 Establishing financial institution; automatic teller machines; use; availability; user financial institution; switch; use and access; duties.
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(1) Any establishing financial institution may establish and maintain any number of automatic teller machines at which all banking transactions, defined as receiving deposits of every kind and nature and crediting such to customer accounts, cashing checks and cash withdrawals, tr…
Neb. Rev. Stat. § 8-158 Banks; appointment as personal representative or special administrator; authorized.
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Any bank may be appointed and shall have power to act, either by itself or jointly with any natural person or persons, as personal representative of the estate of any deceased person or as special administrator of the estate of any deceased person under the appointment of a court…
Neb. Rev. Stat. § 8-159 Banks; trust department; authorization.
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Any bank, having adopted or amended its articles of incorporation to authorize the conduct of a trust business as defined in the Nebraska Trust Company Act, may be further chartered by the director to transact a trust company business in a trust department in connection with such…
Neb. Rev. Stat. § 8-160 Banks; trust department; amendment of charter; supervision.
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The director has the authority to issue to banks amendments to their charters of authority to transact trust business as defined in the Nebraska Trust Company Act and has general supervision and control over such trust department of banks.
Neb. Rev. Stat. § 8-1601 Terms, defined.
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For purposes of sections 8-1601 to 8-1605, unless the context otherwise requires: (1) Bank has the same meaning as in section 8-909; (2) Bank holding company has the same meaning as in section 8-909; (3) Bankers bank means a bank formed pursuant to section 8-1602; (4) Department …
Neb. Rev. Stat. § 8-1602 Formation of bankers bank; requirements.
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A bankers bank may be formed with the approval of the department and subject to requirements and procedures for the issuance of a new bank charter or the transfer of an existing bank charter as provided in the Nebraska Banking Act. A bankers bank shall be a bank which is: (1) Ins…
Neb. Rev. Stat. § 8-1603 Provisions applicable.
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A bankers bank shall be subject to the Nebraska Banking Act and any rules and regulations adopted and promulgated by the department.
Neb. Rev. Stat. § 8-1604 Repurchase of capital stock; limitation.
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A bankers bank may repurchase, for its own account, shares of its own capital stock, but the outstanding capital stock may not be reduced below the minimum required by law.
Neb. Rev. Stat. § 8-1605 Acquisition of stock; limitation.
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A bank may subscribe to, invest in, buy, or own voting stock of one or more bankers banks, foreign bankers banks, bank holding companies, or foreign bank holding companies of such bankers bank or foreign bankers bank in an amount not to exceed five percent of any class of voting …
Neb. Rev. Stat. § 8-161 Banks; trust department; application; investigation; authorization.
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The director, before granting to any bank the right to operate a trust department, shall require such bank to make an application for amendment of its charter, setting forth such information as the director may require. If, upon investigation, the director is satisfied that the t…
Neb. Rev. Stat. § 8-162 Banks; trust department; separation from other departments; powers; duties.
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The trust department of a bank when chartered under sections 8-159 to 8-161 shall be separate and apart from every other department of the bank and shall have all of the powers, duties, and obligations of a trust company provided in the Nebraska Trust Company Act.
Neb. Rev. Stat. § 8-162.01 Banks; trust department; conduct of business; location.
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Any bank authorized to transact a trust company business in a trust department pursuant to sections 8-159 to 8-162 may conduct such trust company business at the office of any bank which is a subsidiary of the same bank holding company as the authorized bank.
Neb. Rev. Stat. § 8-162.02 Bank; fiduciary account controlled by trust department; collateral; public funds exempt.
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(1) A bank may deposit or have on deposit funds of a fiduciary account controlled by the bank's trust department unless prohibited by applicable law. (2) To the extent that the funds are awaiting investment or distribution and are not insured or guaranteed by the Federal Deposit …
Neb. Rev. Stat. § 8-163 Dividends; withdrawal of capital or surplus prohibited; not made; when.
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(1) No bank shall withdraw or permit to be withdrawn, either in the form of dividends or otherwise, any part of its capital or surplus without the written permission of the director. If losses have at any time been sustained equal to or exceeding the retained net income, no divid…
Neb. Rev. Stat. § 8-164 Dividends declared; conditions.
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The board of directors of any bank may declare dividends on its capital stock but only under the following conditions: (1) All bad debts required to be charged off by either the board of directors or the department shall first have been charged off. All debts due any bank on whic…
Neb. Rev. Stat. § 8-165 Losses; charged to surplus fund; restoration of surplus fund; effect on dividends.
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Any losses sustained by any bank in excess of its undivided profits shall be charged to its surplus fund. Its surplus fund shall thereafter be reimbursed from the earnings, and no dividends shall thereafter be declared or paid by any such bank, without the written permission of t…
Neb. Rev. Stat. § 8-166 Banks; reports to department; form; number required; verification; waiver.
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(1) Every bank shall make to the department not less than two reports during each year according to the form which may be prescribed by the department, which report shall be certified as correct, in the manner prescribed by the department, by the president, vice president, cashie…
Neb. Rev. Stat. § 8-167 Banks; reports to department; contents.
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Each report required by section 8-166 shall exhibit in detail and under appropriate headings the resources and liabilities of the bank at the close of business on any past day specified by the call for report and shall be submitted to the department within thirty days, or as may …
Neb. Rev. Stat. § 8-168 Banks; special reports to director.
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A bank shall furnish special reports as may be required by the director to enable the department to obtain full and complete knowledge of the condition of the bank.
Neb. Rev. Stat. § 8-169 Banks; reports; published statements; failure to make; penalty, recovery.
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Any bank that fails, neglects, or refuses to make or furnish any report or any published statement required by the Nebraska Banking Act shall pay to the department a penalty of fifty dollars for each day such failure shall continue, unless the director shall extend the time for f…
Neb. Rev. Stat. § 8-170 Records and files; time required to be kept; destroy, when.
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(1) Banks shall not be required to preserve or keep their records or files or copies thereof for a period longer than six years next after the first day of January of the year following the time of the making or filing of such records or files except as provided in subsection (2)…
Neb. Rev. Stat. § 8-1701 Code, how cited.
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Sections 8-1701 to 8-1737 shall be known and may be cited as the Commodity Code.
Neb. Rev. Stat. § 8-1702 Definitions, sections found.
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For purposes of the Commodity Code, unless the context otherwise requires, the definitions found in sections 8-1703 to 8-1716 shall be used.
Neb. Rev. Stat. § 8-1703 Board of trade, defined.
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Board of trade shall mean any person or group of persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or group of persons is characterized as a board of trade, exchange, or other form of marketplace.
Neb. Rev. Stat. § 8-1704 CFTC rule, defined.
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CFTC rule shall mean any rule, regulation, or order of the Commodity Futures Trading Commission in effect on January 1, 2026.
Neb. Rev. Stat. § 8-1705 Commodity, defined.
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(1) Commodity shall mean, except as otherwise specified by the director by rule, regulation, or order: (a) Any agricultural, grain, or livestock product or byproduct; (b) Any metal or mineral, including a precious metal; (c) Any gem or gemstone, whether characterized as precious,…
Neb. Rev. Stat. § 8-1706 Commodity contract, defined.
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Commodity contract shall mean any account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whe…
Neb. Rev. Stat. § 8-1707 Commodity Exchange Act, defined.
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Commodity Exchange Act shall mean the act of Congress known as the Commodity Exchange Act, 7 U.S.C. 1, as amended on January 1, 2026.
Neb. Rev. Stat. § 8-1708 Commodity Futures Trading Commission, defined.
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Commodity Futures Trading Commission shall mean the independent regulatory agency established by Congress to administer the Commodity Exchange Act.
Neb. Rev. Stat. § 8-1709 Commodity merchant, defined.
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Commodity merchant shall mean any of the following, as defined or described in the Commodity Exchange Act or by CFTC rule: (1) Futures commission merchant; (2) Commodity pool operator; (3) Commodity trading advisor; (4) Introducing broker; (5) Leverage transaction merchant; (6) A…
Neb. Rev. Stat. § 8-171 Records; destruction; liability; excuse for failure to produce.
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No liability shall accrue against any bank destroying any records or files in accordance with sections 8-170 to 8-174. In any cause or proceedings in which any such records or files may be called into question or be demanded of the bank or any officer or employee of the bank, a s…
Neb. Rev. Stat. § 8-1710 Commodity option, defined.
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Commodity option shall mean any account, agreement, or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call,…
Neb. Rev. Stat. § 8-1711 Director, defined.
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Director shall mean the Director of Banking and Finance.
Neb. Rev. Stat. § 8-1712 Financial institution, defined.
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Financial institution shall mean a bank, savings institution, or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.
Neb. Rev. Stat. § 8-1713 Offer, defined.
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Offer shall mean every offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option.
Neb. Rev. Stat. § 8-1714 Person, defined.
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Person shall mean an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust in which the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivi…
Neb. Rev. Stat. § 8-1715 Precious metal, defined.
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Precious metal shall mean the following in either coin, bullion, or other form: (1) Silver; (2) Gold; (3) Platinum; (4) Palladium; (5) Copper; and (6) Such other items as the director may specify by rule, regulation, or order.
Neb. Rev. Stat. § 8-1716 Sale or sell, defined.
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Sale or sell shall mean every sale, contract of sale, contract to sell, or disposition, for value.
Neb. Rev. Stat. § 8-1717 Sale or purchase of commodity; prohibited; exception.
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Except as otherwise provided in section 8-1718 or 8-1719, no person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or a…
Neb. Rev. Stat. § 8-1717.01 Failure to make physical delivery; defense.
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It shall be a defense in any complaint, information, indictment, writ, or proceeding brought under the Commodity Code alleging a violation of section 8-1717 based solely on the failure in an individual case to make physical delivery within the applicable time period under subdivi…
Neb. Rev. Stat. § 8-1718 Transactions; authorized purchaser or seller.
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(1) Section 8-1717 shall not apply to any transaction offered by and in which any of the following persons, or any employee, officer, or director of such person acting solely in that capacity, is the purchaser or seller: (a) A person registered with the Commodity Futures Trading …
Neb. Rev. Stat. § 8-1719 Transaction; accounts or contracts authorized; director; adopt rules and regulations.
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(1) Section 8-1717 shall not apply to the following: (a) An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act; (b) A commodity contract for the purchase of one or more preci…
Neb. Rev. Stat. § 8-1720 Commodity merchant; board of trade; requirements.
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(1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person (a) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such regist…
Neb. Rev. Stat. § 8-1721 Prohibited acts.
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(1) No person shall directly or indirectly (a) cheat, defraud, or attempt to cheat or defraud any other person or employ any device, scheme, or artifice to defraud any other person, (b) make any false report, enter any false record, or make any untrue statement of a material fact…
Neb. Rev. Stat. § 8-1721.01 Cause of action under commodity contract authorized; exception; statute of limitations; waiver of compliance with code; void.
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(1) Any person who violates section 8-1721 shall be liable to the purchaser who may sue either at law or in equity to recover the consideration paid under the commodity contract, including interest paid under a financing agreement in connection with the purchase, costs, and reaso…
Neb. Rev. Stat. § 8-1722 Liability; joint and several.
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(1) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, limited liability company, corporation, or trust within the scope of his or her employment or office shall be deemed the act, omission, or failure of suc…
Neb. Rev. Stat. § 8-1723 Securities Act of Nebraska; applicability of code.
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Nothing in the Commodity Code shall impair, derogate, or otherwise affect the authority or powers of the director under the Securities Act of Nebraska or the application of any provision of the act to any person or transaction subject to such act.