Chapter 8 — BANKS AND BANKING
750 sections in this chapter.
Neb. Rev. Stat. § 8-2722 Bank Secrecy Act; reporting requirements.
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A licensee and an authorized delegate shall file all reports required by the federal currency reporting, record-keeping, and suspicious activity reporting requirements set forth in the Bank Secrecy Act and other federal and state laws pertaining to money laundering. The timely fi…
Neb. Rev. Stat. § 8-2723 Records; maintenance; requirements.
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(1) A licensee shall maintain the following records, for determining the licensee's compliance with the Nebraska Money Transmitters Act, for at least five years: (a) A record of each outstanding money transmission obligation sold; (b) A general ledger posted at least monthly cont…
Neb. Rev. Stat. § 8-2724 Authorized delegate; authorized; procedures.
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(1) Before a licensee is authorized to conduct business through an authorized delegate or allows a person to act as the licensee's authorized delegate, the licensee shall: (a) Adopt, and update as necessary, written policies and procedures reasonably designed to ensure that the l…
Neb. Rev. Stat. § 8-2725 License required; liability for money transmission for unlicensed or nonexempt person.
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A person shall not engage in the business of money transmission on behalf of a person not licensed under the Nebraska Money Transmitters Act or not exempt from the act pursuant to section 8-2703. A person that engages in such business and provides money transmission to the same e…
Neb. Rev. Stat. § 8-2726 Licensee; money transmission; duties.
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(1) Every licensee shall forward all money received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a c…
Neb. Rev. Stat. § 8-2727 Refunds.
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(1) This section does not apply to: (a) Money received for transmission subject to the federal remittance rule; or (b) Money received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or services provided by the payee. (…
Neb. Rev. Stat. § 8-2728 Receipt for money received for transmission.
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(1) This section does not apply to: (a) Money received for transmission subject to the federal remittance rule; or (b) Money received for transmission that is not primarily for personal, family, or household purposes; (c) Money received for transmission pursuant to a written agre…
Neb. Rev. Stat. § 8-2729 Payroll processing services.
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(1) A licensee that provides payroll processing services shall: (a) Issue reports to clients detailing client payroll obligations in advance of the payroll funds being deducted from an account; and (b) Make available employee paystubs or an equivalent statement to employees. (2) …
Neb. Rev. Stat. § 8-2730 Licensee; net worth requirements.
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(1) A licensee shall maintain at all times a net worth of the greater of one hundred thousand dollars or three percent of the licensee's total assets for the first one hundred million dollars, two percent of additional assets for over one hundred million dollars to one billion do…
Neb. Rev. Stat. § 8-2731 Surety bond.
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(1) An applicant for a money transmission license shall provide, and a licensee at all times shall maintain, security consisting of a surety bond in a form satisfactory to the director. (2) The amount of the surety bond required by subsection (1) of this section shall be the grea…
Neb. Rev. Stat. § 8-2732 Permissible investments; requirements.
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(1) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with United States generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations. (2) Excep…
Neb. Rev. Stat. § 8-2733 Permissible investments; types.
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(1) The following investments are permissible investments for the purposes of section 8-2732: (a) Cash, including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers in a federally insured depository financial institution…
Neb. Rev. Stat. § 8-2734 Suspension, revocation, cancellation, surrender, or expiration of license; conditions; effect.
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(1) The director may, following a hearing in accordance with the Administrative Procedure Act, suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if: (a) The licensee violates the Nebraska Money Transmitters Act or a rule or regula…
Neb. Rev. Stat. § 8-2735 Authorized delegate; suspend or revoke designation; grounds; relief.
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(1) The director may issue an order suspending or revoking the designation of an authorized delegate if the director finds that: (a) The authorized delegate violated the Nebraska Money Transmitters Act or a rule or regulation adopted and promulgated or an order issued under the a…
Neb. Rev. Stat. § 8-2736 Cease and desist; order; procedure.
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(1) If the director determines that a violation of the Nebraska Money Transmitters Act or of a rule or regulation adopted and promulgated or an order issued under the act by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, the l…
Neb. Rev. Stat. § 8-2737 Consent order.
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The director may enter into a consent order at any time with a person to resolve a matter arising under the Nebraska Money Transmitters Act or a rule or regulation adopted and promulgated or order issued under the act. A consent order shall be signed by the person to whom the ord…
Neb. Rev. Stat. § 8-2738 Violation; penalty.
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(1) Except as provided in subsections (2) and (3) of this section, any person violating the Nebraska Money Transmitters Act or any rule, regulation, or order of the director adopted, promulgated, or issued pursuant to the act or who engages in any act, practice, or transaction de…
Neb. Rev. Stat. § 8-2739 Violation; fine; amount.
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The director may assess a fine against a person that violates the Nebraska Money Transmitters Act or a rule or regulation adopted and promulgated or an order issued under the act in an amount not to exceed five thousand dollars per violation per day for each day the violation is …
Neb. Rev. Stat. § 8-2740 Money transmission; unlicensed person; cease and desist order; temporary restraining order.
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(1) If the director has reason to believe that a person has violated or is violating section 8-2709, the director may issue an order to cease and desist requiring that the person cease and desist from the violation of section 8-2709. (2) In an emergency, the director may petition…
Neb. Rev. Stat. § 8-2741 Fees, charges, costs, fines; remittance.
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(1) The department shall remit all fees, charges, and costs collected by the department pursuant to the Nebraska Money Transmitters Act to the State Treasurer for credit to the Financial Institution Assessment Cash Fund. (2) The department shall remit fines collected under the ac…
Neb. Rev. Stat. § 8-2742 Adoption of federal law by reference.
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For purposes of the Nebraska Money Transmitters Act: (1) 15 C.F.R. 791.4 means 15 C.F.R. 791.4, as such regulation existed on January 1, 2026; (2) 31 C.F.R. 1010.100 means 31 C.F.R. 1010.100, as such regulation existed on January 1, 2026; (3) Bank Secrecy Act means the Bank Secre…
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Repealed. Laws 2016, LB778, § 9.
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[Repealed or reserved.]
Neb. Rev. Stat. § 8-2749 Legislative findings.
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The Legislature finds and declares that: (1) The United States has determined that the governments of China, Cuba, Iran, North Korea, Russia, and the Maduro Regime in Venezuela are foreign adversaries of the United States because they have engaged in long-term patterns or serious…
Neb. Rev. Stat. § 8-2750 Foreign adversary person; establish status; presumptions; effect; rebuttable; evidence required.
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(1)(a) For purposes of section 8-2713, if an applicant or any key individual or person in control of the applicant fails to establish that such applicant, key individual, or person in control is not a foreign adversary person, the director shall presume that the character and gen…
Neb. Rev. Stat. § 8-2751 Act; changes made by Laws 2026, LB838; applicablity to licenses and applications; director; determine compliance; revocation of license; grounds.
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(1) On July 18, 2026, the changes made by Laws 2026, LB838, shall apply to all existing and future licenses and applications for license under the Nebraska Money Transmitters Act. (2) Within sixty days after July 18, 2026, the director shall send a written request to each license…
Neb. Rev. Stat. § 8-2752 Foreign adversary person; forms and instructions; director; duties.
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Within thirty days after July 18, 2026, the director shall prescribe forms and instructions and issue an order governing applications under the Nebraska Money Transmitters Act to require information sufficient to show that the applicant is not a foreign adversary person.
Neb. Rev. Stat. § 8-2753 Transfer to resident of foreign adversary country; excise tax imposed; applicability; payment by whom; refund; collection and enforcement; Department of Banking and Finance; Department of Revenue; powers and duties.
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(1) For purposes of this section: (a) Active duty member of the armed forces means a person who is a member of the armed forces of the United States on active duty as defined in 10 U.S.C. 101(d)(1), as such section existed on January 1, 2026, or a member of the Nebraska National …
Neb. Rev. Stat. § 8-2754 Department of Banking and Finance; Department of Revenue; provide data and share information.
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The Department of Banking and Finance shall, as requested, provide to the Department of Revenue the data of money transmitters as necessary to meet the responsibilities of the Department of Revenue under the Nebraska Money Transmitters Act, to the extent the Department of Banking…
Neb. Rev. Stat. § 8-2801 Real estate loan agreement, mortgage, deed of trust, security instrument; enforcement and servicing; local ordinance or resolution; limitation.
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(1) The enforcement and servicing of any real estate loan agreement or any mortgage, deed of trust, or other security instrument by which the loan is secured shall be pursuant only to state and federal law. No local ordinance or resolution may add to, change, interfere with any r…
Neb. Rev. Stat. § 8-2901 Terms, defined.
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For purposes of sections 8-2901 to 8-2903: (1) Account means a contract of deposit of funds between the depositor and a financial institution and: (a) The account is owned by a vulnerable adult or senior adult, whether individually or with one or more other persons; or (b) A vuln…
Neb. Rev. Stat. § 8-2902 Legislative intent.
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(1) It is the intent of the Legislature to provide legal protection to financial institutions so that they have the discretion to take action to assist in detecting and preventing financial exploitation. (2) The Legislature recognizes that financial institutions are in a unique p…
Neb. Rev. Stat. § 8-2903 Financial exploitation of a vulnerable adult or senior adult; financial institution; authority to delay, refuse, or prevent certain activity; expiration; effect; immunity of financial institution or authorized contact.
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(1) When a financial institution, or an employee of a financial institution, reasonably believes, or has received information from the department or a law enforcement agency demonstrating that it is reasonable to believe, that financial exploitation of a vulnerable adult or senio…
Neb. Rev. Stat. § 8-2904 Act, how cited.
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Sections 8-2904 to 8-2909 shall be known and may be cited as the Nebraska Protection of Vulnerable Adults from Financial Exploitation Act.
Neb. Rev. Stat. § 8-2905 Terms, defined.
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For purposes of the Nebraska Protection of Vulnerable Adults from Financial Exploitation Act, unless the context otherwise requires: (1) Agencies means: (a) The Adult Protective Services Division of the Department of Health and Human Services; and (b) The Department of Banking an…
Neb. Rev. Stat. § 8-2906 Financial exploitation; qualified person; notify agencies.
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If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, the qualified person may notify the agencies.
Neb. Rev. Stat. § 8-2907 Financial exploitation; qualified person; notify third party; immunity.
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(1) If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, a qualified person may notify any third party previously designated by the eligible adult or any person a…
Neb. Rev. Stat. § 8-2908 Broker-dealer; investment adviser; delay transaction or disbursement; conditions; expiration; court order; immunity.
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(1) A broker-dealer or investment adviser may delay a transaction or disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if: (a) The broker-dealer or investment adviser reasonably believes, after initiating an internal revie…
Neb. Rev. Stat. § 8-2909 Broker-dealer; investment adviser; provide access to records; immunity.
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(1) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to any suspected or attempted financial exploitation of an eligible adult to (a) the Adult Protective Services Division of the Department of Health and Human Services, (b) oth…
Neb. Rev. Stat. § 8-3001 Nebraska Financial Innovation Act, how cited.
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Sections 8-3001 to 8-3031 shall be known and may be cited as the Nebraska Financial Innovation Act.
Neb. Rev. Stat. § 8-3002 Legislative findings and declarations.
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The Legislature finds and declares that: (1) Economic development initiatives demand buy-in and input from community stakeholders across multiple industries. The Legislature should send a strong message that Nebraska wants to bring high-tech jobs and digital asset operations to o…
Neb. Rev. Stat. § 8-3003 Terms, defined.
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For purposes of the Nebraska Financial Innovation Act: (1) Blockchain means a distributed digital record of controllable electronic record transactions; (2) Centralized finance means centralized digital asset exchanges, businesses, or organizations with a valid physical address; …
Neb. Rev. Stat. § 8-3004 Director; powers and duties.
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The director shall have the power to issue to corporations desiring to transact business as a digital asset depository institution charters to transact digital asset depository business as defined in the Nebraska Financial Innovation Act. The director shall have general supervisi…
Neb. Rev. Stat. § 8-3005 Digital asset depository; powers; digital asset depository institution; organization; operating authority; demand deposits and loans; prohibited.
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(1)(a) A digital asset depository may: (i) Make contracts as a corporation under Nebraska law; (ii) Sue and be sued; (iii) Receive notes as permitted by federal law; (iv) Carry on a nonlending digital asset banking business for customers, consistent with subdivision (2)(b) of thi…
Neb. Rev. Stat. § 8-3006 Digital asset depository institution; subject to other provisions of law.
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A digital asset depository institution shall be subject to the Interstate Branching and Merger Act, the Nebraska Bank Holding Company Act of 1995, and Chapter 8, articles 6, 8, 13, 14, 15, 16, 19, 20, 25, 26, and 29 unless otherwise limited or excluded or the context otherwise re…
Neb. Rev. Stat. § 8-3007 Customers; criteria.
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(1) No customer shall open or maintain an account with a digital asset depository or otherwise receive any services from the digital asset depository unless the customer meets the criteria of this subsection. A customer shall: (a) Make sufficient evidence available to the digital…