Chapter 8 — BANKS AND BANKING
750 sections in this chapter.
Neb. Rev. Stat. § 8-185 Voluntary liquidation; procedure.
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Any bank may voluntarily liquidate by paying off all its depositors in full. The bank so liquidating shall file a certified statement with the department, setting forth the fact that all its liabilities have been paid and naming its stockholders with the amount of stock held by e…
Neb. Rev. Stat. § 8-186 Bank; possession; voluntary surrender to department; notice; posting; liens dissolved.
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Any bank may place its affairs and assets under the control of the department by posting on its door the following notice: This bank is in the hands of the Department of Banking and Finance. The posting of such notice, or the taking possession of any bank by the department or by …
Neb. Rev. Stat. § 8-187 Banks; department may take possession; when; examination of affairs; liens dissolved; retention of possession.
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Whenever it appears to the director from any examination or report provided for by the laws of this state that (1) the capital of any bank is impaired, (2) a bank is conducting its business in an unsafe or unauthorized manner, (3) a bank is endangering the interests of its deposi…
Neb. Rev. Stat. § 8-188 Banks; possession by department; effective upon notice.
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The director or any deputy, counsel, or examiner authorized by the director may, on behalf of the department, take possession of a bank by handing to the president, cashier, or any person in charge of the bank, a written notice that the bank is in the possession of the department…
Neb. Rev. Stat. § 8-189 Banks; attempted prevention of possession by department; penalty.
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Any officer, director, or employee of a bank who attempts to prevent the department from taking possession of such bank is guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 8-190 Banks; possession by department; refusal to deliver; possession by banks; application for court order.
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Whenever any bank refuses or neglects to deliver possession of its affairs, assets, or property of whatever nature to the department or to any person ordered or appointed to take charge of such bank according to the Nebraska Banking Act, the director shall make an application to …
Neb. Rev. Stat. § 8-1901 Terms, defined.
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For purposes of sections 8-1901 to 8-1903, unless the context otherwise requires: (1) Department means the Department of Banking and Finance; and (2) Financial institution means: (a) A bank, savings bank, building and loan association, savings and loan association, credit union, …
Neb. Rev. Stat. § 8-1902 Name of financial institution; use of similar names unlawful; power of department.
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It shall be unlawful for two or more financial institutions in the same city, village, or county in this state to have or use the same name or names so nearly alike as to cause confusion in transacting business. In all cases in which a similarity of names now exists, or may herea…
Neb. Rev. Stat. § 8-1903 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the purposes of sections 8-1901 and 8-1902.
Neb. Rev. Stat. § 8-191 Banks; possession by department; notice to banks and trust companies; notice or knowledge of possession forestalls liens.
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Upon taking possession of the property and business of any bank, the department shall immediately give notice of such fact by letter or electronic mail to all banks or trust companies holding or in possession of any assets of such bank, so far as known by the department. No bank …
Neb. Rev. Stat. § 8-192 Banks; possession by department; inventory of assets and liabilities; filing.
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Upon taking charge of any bank, the director shall cause to be made an inventory in triplicate of all the property, assets, and liabilities of the bank so far as the property, assets, and liabilities of the bank can be ascertained. One copy of the inventory shall be filed with th…
Neb. Rev. Stat. § 8-193 Banks; redelivery of possession; bond; departmental supervision; repossession by department.
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Whenever the officers, directors, stockholders, or owners of any insolvent bank give good and sufficient bond running to the department with an incorporated surety company authorized by the laws of this state to transact such business, conditioned upon the full settlement of all …
Neb. Rev. Stat. § 8-194 Insolvent banks; determination; declaration by director; filing.
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Upon determination of insolvency of any bank by the director and failure of the stockholders or owners to restore solvency within the time and in the manner provided by law, or upon violation of the laws of the state by the bank, the director shall make a finding in writing of th…
Neb. Rev. Stat. § 8-195 Insolvent banks; possession by department; petition to enjoin; show cause order; findings by district court; disposition of case.
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Whenever any bank of whose property and business the department has taken possession or whose insolvency has been declared under section 8-194 deems itself aggrieved by such actions, it may, at any time not later than ten days after such declaration of insolvency has been filed w…
Neb. Rev. Stat. § 8-196 Insolvent banks; liquidation; injunction; appeal; bond.
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An appeal under section 8-195 shall operate as a stay of judgment of the district court, and no bond need be given if the appeal is taken by the director. If the appeal is taken by the bank, a bond shall be given as required by law for an appeal in civil cases.
Neb. Rev. Stat. § 8-197 Insolvent banks; liquidation by Federal Deposit Insurance Corporation or by liquidating trustees.
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(1) Pending final judgment on the petition to enjoin under section 8-195, the department shall retain possession of the property and business of the bank. If not enjoined, the director shall proceed to liquidate the affairs of the bank as provided in the Nebraska Banking Act, exc…
Neb. Rev. Stat. § 8-198 Financial institutions; designation of receiver and liquidating agent; department; powers.
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The department may be designated the receiver and liquidating agent for any financial institution chartered by the department and, subject to the district court's supervision and control, may proceed to liquidate such financial institution or reorganize it in accordance with the …
Neb. Rev. Stat. § 8-199 Financial institutions; department as receiver; powers; no compensation to director.
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Whenever the department has been designated receiver for a financial institution chartered by the department, the department shall have all the powers and privileges provided by the laws of this state with respect to any other receiver and such incidental powers as shall be neces…
Neb. Rev. Stat. § 8-2001 Terms, defined.
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For purposes of sections 8-2001 to 8-2005, the following definitions are used: (1) Depository institution means a state-chartered or federally chartered financial institution located in this state that is authorized to maintain deposit accounts; (2) Compliance review committee me…
Neb. Rev. Stat. § 8-2002 Sections; applicability.
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Sections 8-2001 to 8-2005 apply to a compliance review committee whose functions are to evaluate and seek to improve: (1) Loan underwriting standards; (2) Asset quality; (3) Financial reporting to federal or state regulatory agencies; or (4) Compliance with federal or state statu…
Neb. Rev. Stat. § 8-2003 Compliance review documents; confidentiality, exception; use in evidence.
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Except as provided in section 8-2004: (1) Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee. Compliance review committee members shall treat compl…
Neb. Rev. Stat. § 8-2004 Compliance review documents; confidentiality; held by governmental agency; effect.
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Section 8-2003 does not apply to any information required by statute or rule and regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclos…
Neb. Rev. Stat. § 8-2005 Sections; how construed.
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Sections 8-2001 to 8-2004 are not to be construed to limit the discovery or admissibility in any civil action of any documents that are not compliance review documents and shall not preclude a depository institution's primary state or federal regulator from obtaining compliance r…
Neb. Rev. Stat. § 8-201 Charter required; exception; powers of Department of Banking and Finance; rules and regulations; fee.
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The Director of Banking and Finance shall have the power to issue to corporations desiring to transact business as trust companies charters of authority to transact trust company business as defined in the Nebraska Trust Company Act. He or she shall have general supervision and c…
Neb. Rev. Stat. § 8-201.01 Act, how cited.
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Sections 8-201 to 8-235 shall be known and may be cited as the Nebraska Trust Company Act.
Neb. Rev. Stat. § 8-202 Articles of incorporation; filing.
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The articles of incorporation shall be filed in the office of the Secretary of State, and a certified copy shall be filed and recorded in the office of the county clerk of the county in which the corporation has its principal office. Articles of incorporation and other records re…
Neb. Rev. Stat. § 8-203 General powers.
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The trust company shall have power: (1) To have a corporate name; (2) To have a corporate seal; (3) To sue and be sued and complain and defend in all courts of law and equity; (4) To receive reasonable compensation for all services performed by it under the Nebraska Trust Company…
Neb. Rev. Stat. § 8-204 Directors; qualifications; duties; vacancies.
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(1) The control of the business affairs of a trust company shall be vested in a board of directors of not less than five persons who shall be selected at such time and in such manner as may be provided by the articles of incorporation of the trust company and in conformity with t…
Neb. Rev. Stat. § 8-205 Capital stock; amount required; exception; impairment of capital stock; department; powers.
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(1) No corporation, except a bank authorized by the Director of Banking and Finance to operate a trust department, shall be authorized to transact business as a trust company under the Nebraska Trust Company Act on or after August 1, 2000, unless it has capital stock of at least …
Neb. Rev. Stat. § 8-205.01 Fidelity bond; requirements; director; powers and duties.
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Each trust company doing business under the Nebraska Trust Company Act shall obtain a fidelity bond, naming the trust company as obligee, in an amount to be fixed by the department. The bond shall be issued by an authorized insurer and shall be conditioned to protect and indemnif…
Neb. Rev. Stat. § 8-206 Specific powers.
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A trust company created under the Nebraska Trust Company Act shall have power: (1) To receive trust funds for investment or in trust upon such terms and conditions as may be agreed upon and to purchase, hold, and lease fireproof and burglar-proof and other vaults and safes from w…
Neb. Rev. Stat. § 8-207 Appointment as fiduciary, authorized; oath.
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Courts of this state may appoint a trust company receiver, assignee, trustee, guardian, conservator, personal representative, custodian, or special administrator. When a trust company is so appointed and an oath is required to be made, whether in order to qualify or for any other…
Repealed. Laws 1988, LB 795, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-208 Conveyances; execution.
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All conveyance of or other instruments affecting real estate owned or held in trust by a trust company shall be authorized, prior to or within ninety days after the conveyance or execution of an instrument affecting real estate owned or held in trust, by a resolution of the board…
Neb. Rev. Stat. § 8-209 Pledge of securities with Department of Banking and Finance; amount required.
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(1) Any corporation organized to do business as a trust company under the Nebraska Trust Company Act shall make a pledge with the Department of Banking and Finance of approved securities. (2) The amount of securities required to be pledged shall be based on the market value of tr…
Neb. Rev. Stat. § 8-210 Securities; kinds authorized; pledge with Department of Banking and Finance.
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Securities pledged pursuant to section 8-209 shall consist of any securities which constitute a legal investment for the trust company except for bills of exchange, notes, mortgages, banker's acceptances, or certificates of deposit. State, county, municipal, and corporate bond is…
Neb. Rev. Stat. § 8-2101 Act, how cited.
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Sections 8-2101 to 8-2108 shall be known and may be cited as the Interstate Branching and Merger Act.
Neb. Rev. Stat. § 8-2102 Terms, defined.
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For purposes of the Interstate Branching and Merger Act, unless the context otherwise requires: (1) Bank means a bank as defined in 12 U.S.C. 1813, as such section existed on January 1, 2026; (2) Department means the Department of Banking and Finance; (3) Director means the Direc…
Neb. Rev. Stat. § 8-2103 Nebraska state chartered bank; powers.
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(1) A Nebraska state chartered bank may establish and maintain a branch or acquire a branch in any other state with the prior approval of the director and upon payment of the branch application fee set forth in section 8-602. (2) A Nebraska state chartered bank may engage in an i…
Neb. Rev. Stat. § 8-2104 Out-of-state bank; powers; interstate merger transaction; notice; powers and duties.
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(1) An out-of-state bank may establish and maintain a branch or acquire a branch in this state upon compliance with any applicable requirements of the Nebraska Model Business Corporation Act for registration or qualification to do business in this state. (2) An out-of-state bank …
Repealed. Laws 2012, LB 963, § 24.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-2106 Interstate merger transaction; when prohibited.
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An interstate merger transaction shall not be permitted if, upon consummation of such transaction, the resulting bank or its bank holding company would have direct or indirect ownership or control of deposits in Nebraska in excess of twenty-two percent of the total deposits of al…
Neb. Rev. Stat. § 8-2107 Director; powers and duties; costs.
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(1) The director may enter into cooperative, coordinating, and information-sharing agreements with any other bank supervisory agencies or any organization affiliated with or representing one or more bank supervisory agencies with respect to the periodic examination or other super…
Neb. Rev. Stat. § 8-2108 Branch closing or disposal; act; how construed.
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Nothing in the Interstate Branching and Merger Act shall prevent the resulting bank in an interstate merger transaction from closing or disposing of any branches acquired in the transaction in accordance with state law subject to applicable federal law regarding branch closures.
Neb. Rev. Stat. § 8-211 Pledge of securities with Department of Banking and Finance; certificate of compliance; effect on obligation to furnish bond as fiduciary.
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The required pledges having been made, the Department of Banking and Finance shall issue a receipt and a certificate showing that the trust company has complied with the Nebraska Trust Company Act. Having thus qualified, the trust company may be permitted to act as assignee, rece…
Neb. Rev. Stat. § 8-212 Pledged securities; primarily liable for trust or fiduciary obligations and losses.
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Securities pledged as provided in section 8-209 shall be primarily liable for the obligations of the trust company, state or national bank, federal savings association, federally chartered trust company, out-of-state trust company authorized under the Interstate Trust Company Off…
Neb. Rev. Stat. § 8-213 Pledged securities of insolvent trust companies or out-of-state entity acting in fiduciary capacity; transfer to fiduciary; conditions.
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In the case of national banks and federal savings associations doing business as trust companies, trust companies, federally chartered trust companies, out-of-state trust companies authorized under the Interstate Trust Company Office Act or otherwise doing business in this state,…
Neb. Rev. Stat. § 8-214 Pledged securities; release upon surrender of fiduciary powers; conditions.
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Any national bank, federal savings association, federally chartered trust company, or out-of-state trust company authorized under the Interstate Trust Company Office Act or otherwise doing business in this state, which has surrendered its right to exercise such fiduciary powers i…
Neb. Rev. Stat. § 8-215 Pledged securities; release upon liquidation; conditions.
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Any trust company, state or national bank or federal savings association with a trust department, federally chartered trust company, out-of-state trust company authorized under the Interstate Trust Company Office Act or otherwise doing business in this state, or out-of-state enti…
Neb. Rev. Stat. § 8-216 Pledged securities; interest; company's right to collect.
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The trust company may collect and retain the interest of all securities pledged as provided in section 8-209.