Nebraska Revised Statutes
Chapter 8 - Banks and Banking
8-157 - Branch banking; Director of Banking and Finance; powers.

8-157. Branch banking; Director of Banking and Finance; powers.
(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, any bank located in this state may establish and maintain in this state an unlimited number of branches at which all banking transactions allowed by law may be made.
(ii) Any bank that owns or controls more than twenty-two percent of the total deposits in Nebraska, as described in subdivision (2)(c) of section 8-910 and computed in accordance with subsection (3) of section 8-910, or any bank that is a subsidiary of a bank holding company that owns or controls more than twenty-two percent of the total deposits in Nebraska, as described in subdivision (2)(c) of section 8-910 and computed in accordance with subsection (3) of section 8-910, shall not establish and maintain an unlimited number of branches as provided in subdivision (2)(a)(i) of this section. With the approval of the director, a bank as described in this subdivision may establish and maintain in the county in which the main office of such bank is located an unlimited number of branches at which all banking transactions allowed by law may be made, except that if the main office of such bank is located in a Class I or Class III county, such bank may establish and maintain in Class I and Class III counties an unlimited number of branches at which all banking transactions allowed by law may be made.
(iii) Any bank which establishes and maintains branches pursuant to subdivision (2)(a)(i) of this section and which subsequently becomes a bank as described in subdivision (2)(a)(ii) of this section shall not be subject to the limitations as to location of branches contained in subdivision (2)(a)(ii) of this section with regard to any such established branch and shall continue to be entitled to maintain any such established branch as if such bank had not become a bank as described in subdivision (2)(a)(ii) of this section.
(b) With the approval of the director, any bank or any branch may establish and maintain a mobile branch at which all banking transactions allowed by law may be made. Such mobile branch may consist of one or more vehicles which may transact business only within the county in which such bank or such branch is located and within counties in this state which adjoin such county.
(c) For purposes of this subsection:
(i) Class I county means a county in this state with a population of four hundred thousand or more as determined by the most recent federal decennial census;
(ii) Class II county means a county in this state with a population of at least two hundred thousand and less than four hundred thousand as determined by the most recent federal decennial census;
(iii) Class III county means a county in this state with a population of at least one hundred thousand and less than two hundred thousand as determined by the most recent federal decennial census; and
(iv) Class IV county means a county in this state with a population of less than one hundred thousand as determined by the most recent federal decennial census.
(3) With the approval of the director, a bank may establish and maintain branches acquired pursuant to section 8-1506 or 8-1516. All banking transactions allowed by law may be made at such branches.
(4) With the approval of the director, a bank may acquire the assets and assume the deposits of a branch of another financial institution in Nebraska if the acquired branch is converted to a branch of the acquiring bank. All banking transactions allowed by law may be made at a branch acquired pursuant to this subsection.
(5) With the approval of the director, a bank may establish a branch pursuant to subdivision (6) of section 8-115.01. All banking transactions allowed by law may be made at such branch.
(6) The name given to any branch established and maintained pursuant to this section shall not be substantially similar to the name of any existing bank or branch which is unaffiliated with the newly created branch and is located in the same city, village, or county. The name of such newly created branch shall be approved by the director.
(7) A bank which has a main chartered office or an approved branch located in the State of Nebraska may, through any of its executive officers, including executive officers licensed as such pursuant to section 8-139, or designated agents, conduct a loan closing at a location other than the place of business specified in the bank's charter or any branch thereof.
(8) A bank which has a main chartered office or approved branch located in the State of Nebraska may, upon notification to the department, establish savings account programs at any elementary or secondary school, whether public or private, that has students who reside in the same city or village as the main chartered office or branch of the bank, or, if the main office of the bank is located in an unincorporated area of a county, at any school that has students who reside in the same unincorporated area. The savings account programs shall be limited to the establishment of individual student accounts and the receipt of deposits for such accounts.
(9) Upon receiving an application for a branch to be established pursuant to subdivision (2)(a) of this section, to establish a mobile branch pursuant to subdivision (2)(b) of this section, to acquire a branch of another financial institution pursuant to subsection (4) of this section, to establish or acquire a branch pursuant to subsection (1) of section 8-2103, or to move the location of an established branch other than a move made pursuant to subdivision (6) of section 8-115.01, the director shall hold a public hearing on the matter if he or she determines, in his or her discretion, that the condition of the applicant bank warrants a hearing. If the director determines that the condition of the bank does not warrant a hearing, the director shall publish a notice of the filing of the application in a newspaper of general circulation in the county where the proposed branch or mobile branch would be located, the expense of which shall be paid by the applicant bank. If the director receives any substantive objection to the proposed branch or mobile branch within fifteen days after publication of such notice, he or she shall hold a hearing on the application. Notice of a hearing held pursuant to this subsection shall be published for two consecutive weeks in a newspaper of general circulation in the county where the proposed branch or mobile branch would be located. The date for hearing the application shall not be more than ninety days after the filing of the application and not less than thirty days after the last publication of notice of hearing. The expense of any publication required by this section shall be paid by the applicant but payment shall not be a condition precedent to approval by the director.
Source

Annotations

Subsection (3) of this section does not indicate that the approval of the director of the Department of Banking and Finance absolves a bank from any obligations it may owe to the minority shareholders, that the director is required to disapprove a merger that is unfair to the minority shareholders, or that the director is empowered to require a bank to pay the fair value of a dissenter's shares. Stoneman v. United Neb. Bank, 254 Neb. 477, 577 N.W.2d 271 (1998).


Detached facility approximately one block from bank, providing drive-in and walk-in teller stations offering most banking services, is a branch bank. Nebraskans for Independent Banking, Inc. v. Omaha Nat. Bank, 530 F.2d 755 (8th Cir. 1976). (Opinion vacated and cause remanded to district court for further proceedings in light of Supreme Court per curiam opinion, 426 U.S. 310, dated June 7, 1976.)


Federal district court would not abstain from deciding whether state banking statute was properly adopted by Nebraska Legislature where analysis of the applicable Nebraska case law left no doubt that such statute was invalid. Nebraskans for Independent Banking, Inc. v. Omaha Nat. Bank, 423 F.Supp. 519 (D. Neb. 1976).


Branch banking is illegal in Nebraska. Farris v. Indian Hills Nat. Bank, 244 F.Supp. 594 (D. Neb. 1964).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 8 - Banks and Banking

8-101 - Transferred to section 8-101.03.

8-101.01 - Transferred to section 8-101.02.

8-101.02 - Act, how cited.

8-101.03 - Terms, defined.

8-102 - Department of Banking and Finance; supervision and control of specified financial institutions; declaration of public purpose.

8-103 - Director; financial institutions; supervision and examination; director and certain department employees; prohibited borrowing; exception; penalty.

8-104 - Director; oath; bond or insurance.

8-105 - Deputies; counsels, examiners, and assistants; salaries; bond or insurance.

8-106 - Director; rules and regulations; standards.

8-107 - Banks; books and accounts; failure to keep; penalty.

8-108 - Director; bank, financial institution, holding company, or bank subsidiary; examination; powers; procedure; charge.

8-109 - Financial institution examiner; failure to report unlawful conduct or unsafe condition; penalty.

8-110 - Banks; bonds; filing; approval; requirements; open to inspection.

8-111 - Director; real estate; power to convey; execution of conveyance.

8-112 - Director; records required; disclosures prohibited; confidential records.

8-113 - Unauthorized use of word bank or its derivatives; penalty.

8-114 - Banks; corporate status required; unlawful banking; penalty.

8-115 - Banks; digital asset depositories; charter or grant of authority required.

8-115.01 - Banks; new charter; transfer of charter; procedure.

8-116 - Banks; capital stock; amount required.

8-116.01 - Banks; capital notes and debentures; issuance; conditions.

8-117 - Conditional bank charter; application; contents; hearing; notice; expenses; conversion to full bank charter; extension; written request; notice of expiration.

8-118 - Banks; unlawful promotion; sale of stock prior to issuance of charter; penalty.

8-119 - Capital stock; sale; compensation prohibited; false statement; penalties.

8-120 - Corporation; application to conduct, merge, or transfer bank; contents.

8-122 - Issuance of charter to transact business.

8-123 - Transferred to section 8-1902.

8-124 - Banks; board of directors; president; meetings; examination; audit.

8-124.01 - Banks; board of directors; vacancy; notice; filling; application for approval.

8-125 - Banks; board of directors; meetings; record; contents; publication.

8-126 - Bank directors; qualifications; approval by department; revocation of approval; procedure.

8-127 - List of stockholders; open to inspection; violation; penalty.

8-128 - Capital stock; increase; decrease; notice; publication; denial by director, when.

8-129 - Stockholders' meeting; director may call; notice; expense.

8-130 - Federal reserve system; membership by state banks and trust companies authorized; examinations.

8-132 - Banks; available funds; deficient reserve; impairment of capital; duty of bank; powers and duties of department; notice to bank.

8-133 - Rate of interest; prohibited acts; penalties; pledge of letters of credit authorized.

8-134 - Deposits; repayment only on presentation of pass book, when; notice.

8-135 - Deposits; withdrawal methods authorized; lease of safe deposit box; section; how construed.

8-137 - Checks; certification; requirements; effect.

8-138 - Deposits; receiving when insolvent; prohibition; penalty.

8-139 - Executive officers; approval of loans and investments; qualifications; license; revocation; violations; penalty; civil penalty; election to exempt active executive officers from license; procedure.

8-140 - Mortgage loan originator; registration.

8-141 - Loans; limits; exceptions.

8-142 - Loans; excessive amount; violations; penalty.

8-143 - Loans; excessive amount; violations; forfeiture of charter; directors' personal liability.

8-143.01 - Extension of credit; limits; written report; credit report; violation; penalty; powers of director.

8-144 - Loans or extension of credit; improper; willful and knowing violation; liability.

8-145 - Loans; other improper solicitation or receipt of benefits; unlawful inducement; penalty.

8-147 - Direct borrowing of bank; loans and investments; limitation on amounts; illegal transfer of assets; violation; penalty.

8-148 - Banks; own capital stock; loans on, purchase, or use as collateral by bank prohibited; exceptions.

8-148.01 - Corporation operating a computer center; investment of funds; limitation.

8-148.02 - Banks; subscribe, invest, buy, and own stock; agricultural credit corporation; livestock loan company; limitation.

8-148.03 - Bonds of the State of Israel; securities; banks; savings and loan associations, insurance companies, credit unions; invest funds.

8-148.04 - Community development investments; conditions.

8-148.05 - Qualified Canadian Government obligations; investment.

8-148.06 - Banks; subscribe, invest, buy, own, and sell stock; bank subsidiaries; limitation.

8-148.07 - Bank subsidiary; authorized activities.

8-148.08 - Bank subsidiary; examination and regulation.

8-148.09 - Bank; financial institution; merger, acquisition, or asset acquisition; transactions authorized.

8-148.10 - Digital asset depository institution; investment; conditions.

8-149 - Banks; investment in bank premises or holding corporations; loans upon security of stock of holding corporation; written approval of Director of Banking and Finance required; when.

8-150 - Banks; real estate; power to acquire and convey; limitations and conditions.

8-152 - Banks; loans on real estate; authorized.

8-153 - Checks; preprinted information; cleared at par; exception.

8-157 - Branch banking; Director of Banking and Finance; powers.

8-157.01 - Establishing financial institution; automatic teller machines; use; availability; user financial institution; switch; use and access; duties.

8-158 - Banks; appointment as personal representative or special administrator; authorized.

8-159 - Banks; trust department; authorization.

8-160 - Banks; trust department; amendment of charter; supervision.

8-161 - Banks; trust department; application; investigation; authorization.

8-162 - Banks; trust department; separation from other departments; powers; duties.

8-162.01 - Banks; trust department; conduct of business; location.

8-162.02 - Bank; fiduciary account controlled by trust department; collateral; public funds exempt.

8-163 - Dividends; withdrawal of capital or surplus prohibited; not made; when.

8-164 - Dividends declared; conditions.

8-165 - Losses; charged to surplus fund; restoration of surplus fund; effect on dividends.

8-166 - Banks; reports to department; form; number required; verification; waiver.

8-167 - Banks; reports to department; contents.

8-168 - Banks; special reports to director.

8-169 - Banks; reports; published statements; failure to make; penalty, recovery.

8-170 - Records and files; time required to be kept; destroy, when.

8-171 - Records; destruction; liability; excuse for failure to produce.

8-173 - Actions against bank on claims inconsistent with records; accrual of cause of action; limitations.

8-174 - Records and files; destruction; applicable to national banks.

8-175 - Banks; false entry or statement; other offenses relating to books and records; penalty.

8-177 - Banks; consolidation; approval required; creditors' claims.

8-178 - National bank; reorganization as state bank; authorization; vote required; trust company business; conversion; public hearing; when.

8-179 - National bank; reorganization as state bank; procedure; trust company business; charter.

8-180 - State bank; reorganization as national bank; vote required.

8-181 - National or state bank; conversion, merger, or consolidation; resulting bank; considered same corporate entity; termination of franchise.

8-182 - State bank; conversion, merger, or consolidation with a national bank; objecting stockholders; stock; payment.

8-183 - National or state bank; conversion, merger, or consolidation; resulting bank; assets; valuation.

8-183.01 - State or federal savings association; conversion to state bank; plan of conversion; procedure.

8-183.02 - State or federal savings association; plan of conversion; approval.

8-183.03 - State or federal savings association; conversion to state bank; requirements.

8-183.04 - State or federal savings association; mutual savings association; retention of mutual form authorized.

8-183.05 - State or federal savings association; issuance of state bank charter; effect; section, how construed.

8-184 - Voluntary liquidation; approval required; examination; fees.

8-185 - Voluntary liquidation; procedure.

8-186 - Bank; possession; voluntary surrender to department; notice; posting; liens dissolved.

8-187 - Banks; department may take possession; when; examination of affairs; liens dissolved; retention of possession.

8-188 - Banks; possession by department; effective upon notice.

8-189 - Banks; attempted prevention of possession by department; penalty.

8-190 - Banks; possession by department; refusal to deliver; possession by banks; application for court order.

8-191 - Banks; possession by department; notice to banks and trust companies; notice or knowledge of possession forestalls liens.

8-192 - Banks; possession by department; inventory of assets and liabilities; filing.

8-193 - Banks; redelivery of possession; bond; departmental supervision; repossession by department.

8-194 - Insolvent banks; determination; declaration by director; filing.

8-195 - Insolvent banks; possession by department; petition to enjoin; show cause order; findings by district court; disposition of case.

8-196 - Insolvent banks; liquidation; injunction; appeal; bond.

8-197 - Insolvent banks; liquidation by Federal Deposit Insurance Corporation or by liquidating trustees.

8-198 - Financial institutions; designation of receiver and liquidating agent; department; powers.

8-199 - Financial institutions; department as receiver; powers; no compensation to director.

8-1,100 - Insolvent banks; liquidation; special deputies, assistants, counsel; appointment; compensation; discharge.

8-1,101 - Insolvent banks; liquidation; special deputies, assistants; bond or insurance; conditions.

8-1,102 - Insolvent banks; department as receiver and liquidating agent; liens dissolved; assets; transfers to defraud creditors; preferences.

8-1,103 - Insolvent banks; liquidation; Director of Banking and Finance; powers.

8-1,104 - Insolvent banks; liquidation; director; collection of debts; sale or compromise of certain debts; procedure; deposit or investment of funds.

8-1,105 - Insolvent banks; reorganization or liquidation proceedings; district judge; jurisdiction.

8-1,106 - Insolvent banks; claims; filing; time limit.

8-1,107 - Insolvent banks; claims; listing and classification; notice to claimant; filing of objection; powers and duties of director.

8-1,108 - Insolvent banks; claims; objections to classification; hearing.

8-1,109 - Insolvent banks; claims; certificate of indebtedness; assignment; payments endorsed on certificate.

8-1,110 - Insolvent banks; claims; priority.

8-1,111 - Insolvent banks; priority; not affected by federal deposit insurance.

8-1,112 - Insolvent banks; director; payment of dividends.

8-1,113 - Insolvent banks; liquidation expenses; allocation; certification.

8-1,115 - Insolvent banks; liquidation; reports to district court; dissolution of bank; cancellation of charter.

8-1,116 - Insolvent banks; stockholders; restoration of solvency; conditions.

8-1,117 - Banks; impaired capital; assessments on stock to restore; preferred stock excepted.

8-1,118 - Insolvent banks; restoration of solvency; reopening for limited business; conditions; costs; new deposits treated as a trust fund; expenses.

8-1,119 - Violations; general penalty.

8-1,124 - Emergencies; terms, defined.

8-1,125 - Emergencies; proclamation; director; effect; temporary office.

8-1,126 - Emergencies; officers; powers.

8-1,127 - Emergency; proclamation; President of United States; Governor; effect.

8-1,128 - Emergency; closing; notice; contents.

8-1,129 - Emergencies; laws applicable.

8-1,130 - Investments in savings accounts in name of fiduciary; open account; withdrawal; death of fiduciary; effect.

8-1,131 - Retirement plan, medical savings account, or health savings account, investments; bank as trustee or custodian; powers and duties; account, how treated.

8-1,133 - Bank; business of leasing personal property; subject to rules and regulations.

8-1,134 - Violations; director; powers; fines; notice; hearing; closure; emergency powers; service; procedures.

8-1,135 - Appeal; procedure.

8-1,136 - Action to enjoin and enforce compliance.

8-1,137 - Evidence of violation; refer to prosecuting attorney.

8-1,138 - Violation of final order; liability; penalty.

8-1,139 - Misapplication of funds or assets; penalty.

8-1,140 - Federally chartered bank; bank organized under laws of Nebraska; rights, privileges, benefits, and immunities; exception.

8-1,141 - Controllable electronic record custody; qualified custodian; requirements.

8-1,142 - Controllable electronic record custody; rules and regulations.

8-1,143 - Controllable electronic records; courts; jurisdiction.

8-201 - Charter required; exception; powers of Department of Banking and Finance; rules and regulations; fee.

8-201.01 - Act, how cited.

8-202 - Articles of incorporation; filing.

8-203 - General powers.

8-204 - Directors; qualifications; duties; vacancies.

8-205 - Capital stock; amount required; exception; impairment of capital stock; department; powers.

8-205.01 - Fidelity bond; requirements; director; powers and duties.

8-206 - Specific powers.

8-207 - Appointment as fiduciary, authorized; oath.

8-208 - Conveyances; execution.

8-209 - Pledge of securities with Department of Banking and Finance; amount required.

8-210 - Securities; kinds authorized; pledge with Department of Banking and Finance.

8-211 - Pledge of securities with Department of Banking and Finance; certificate of compliance; effect on obligation to furnish bond as fiduciary.

8-212 - Pledged securities; primarily liable for trust or fiduciary obligations and losses.

8-213 - Pledged securities of insolvent trust companies or out-of-state entity acting in fiduciary capacity; transfer to fiduciary; conditions.

8-214 - Pledged securities; release upon surrender of fiduciary powers; conditions.

8-215 - Pledged securities; release upon liquidation; conditions.

8-216 - Pledged securities; interest; company's right to collect.

8-217 - Pledged securities; substitute; when required.

8-218 - Examination; powers and duties of Department of Banking and Finance.

8-218.01 - Inactive company; charter revoked; when; release of assets.

8-219 - Liquidation; reorganization; adjudication of insolvency; grounds; powers and duties of Department of Banking and Finance.

8-220 - Liquidation; adjudication of insolvency; procedure; powers of district court; liens dissolved.

8-221 - Liquidation; insolvency; injunction to prevent transaction of business.

8-222 - Maximum liability.

8-223 - Statements required; when; annual report, defined; penalty.

8-224 - Reports; form; publication; trust company; disclosure statement.

8-224.01 - Prohibited acts; violation; penalties; applicability.

8-225 - False statement or book entry; destruction or secretion of records; penalty.

8-226 - Trust terms; use restricted; penalty.

8-227 - State trust company; merger or consolidation with national banking association; procedure.

8-228 - State trust company; merger or consolidation with a national bank; effect.

8-229 - State trust company; merger or consolidation with a national bank; redemption of stock; when; value, how determined.

8-229.01 - State trust company; merger or consolidation with state bank; procedure.

8-229.02 - State trust company; merger or consolidation with a state bank; effect.

8-229.03 - State trust company; merger or consolidation with a state bank; redemption of stock; when; value, how determined.

8-230 - Terms, defined.

8-231 - Trust company; substituted in fiduciary capacity for affiliated bank; application; court order; filing.

8-232 - Designation of bank as fiduciary in a will or other instrument; effect.

8-233 - Trust company; substituted as fiduciary; accounting; transfer of assets.

8-234 - Branch trust offices authorized; procedure.

8-235 - Representative trust offices authorized; procedure.

8-301 - Supervision and control; powers of Department of Banking and Finance.

8-302 - Power to require and receive payments from members; limitations.

8-303 - Stock; ownership; limit; investment shares; loans.

8-304 - Stockholders; voting; limitations.

8-305 - Corporate name; requirements; penalty.

8-306 - Capital stock; amount; articles of incorporation; filing fees.

8-307.01 - Pensions and retirement plans; adoption.

8-308 - Stock; credit value; right of shareholder to withdraw; conditions; withdrawal notice; exception for liquidation.

8-309 - Stock; withdrawal; limit; funds applicable.

8-310 - Stock; withdrawal; insufficient funds to meet notices; limit of loans; requirements.

8-311 - Stock; withdrawals by borrowing members; funds applicable.

8-312 - Stock; enforcement of withdrawals by directors.

8-313 - Stock; enforced withdrawal; time; notice of intention.

8-314 - Stock; enforced withdrawal; notice of intention; contents.

8-315 - Loans; prepayment; required provisions; procedure.

8-316 - Loans; delinquency; required provisions; association's rights; computation of balance due.

8-317 - Certificates of stock; records; payments; matured stock; right to withdraw.

8-318 - Stock; share account; deposits; withdrawal methods authorized; investments by fiduciaries; rights; retirement plan, investments; building and loan association as trustee or custodian; powers and duties.

8-319 - Loans; restricted to members; secured and unsecured; purposes; limit; parity with federal associations; security; participation in other loans; exceptions; educational loans.

8-320 - Reserve funds; idle funds; investments authorized; deposit of funds in banks.

8-320.01 - Investments; service corporations.

8-321 - Loans; evidence of indebtedness; form; parity with federal associations.

8-322 - Membership in Federal Home Loan Bank authorized; power to utilize federal agencies; power to obtain advances; use of funds.

8-323 - Mortgages; assignment to Home Owners' Loan Corporation authorized; condition.

8-324 - Stock; availability for purchase of real estate or payment of loan.

8-325 - Real estate; acquisition and disposal; powers; limitations.

8-326 - Reserve fund; requirements; replenishment; increase; reduction; division for federal tax purposes; special increase; approval by department.

8-327 - Dividends; how and when paid.

8-328 - Records; requirements.

8-329 - Taxation; real estate.

8-330 - Loans; charges authorized; statement; interest rate.

8-331 - Articles of incorporation; bylaws; filing; certificate of approval; application; contents; approval by Department of Banking and Finance.

8-332 - Annual statement; publication; special reports; violation; penalty.

8-333 - False statement or book entry; penalty.

8-334 - Liquidation; insolvency; powers and duties of Department of Banking and Finance; writs of assistance.

8-335 - Liquidation; insolvency; special shareholders' meeting; report of department.

8-336 - Liquidation; insolvency; inventory; collection of assets; expenses.

8-337 - Insolvency; reorganization; surrender of assets by Department of Banking and Finance.

8-338 - Voluntary liquidation; disposition of payments, other property; duty of Department of Banking and Finance.

8-339 - Involuntary liquidation; duty of Department of Banking and Finance.

8-340 - Rules and regulations.

8-340.01 - Executive officers and employees; bonding requirements.

8-345.01 - Automatic teller machines; authorized.

8-345.02 - New branch; limitation.

8-346 - Books; examination.

8-347 - State association; conversion into federal savings and loan association; procedure.

8-348 - State association; conversion into federal association; transfer of supervision; status of property owned; continuation of association.

8-349 - State associations; consolidation or merger; procedure; powers and duties of Department of Banking and Finance.

8-350 - Federal savings and loan association; conversion into state association; procedure.

8-351 - Federal savings and loan association; conversion into state association; certificate of approval; supervision.

8-352 - Federal savings and loan association; conversion into state association; status of property owned; obligation.

8-353 - Federal savings and loan association; conversion into state association; effect.

8-355 - Federal savings and loan; associations organized under laws of Nebraska; rights, privileges, benefits, and immunities; exception.

8-356 - Capital stock savings and loan association, defined; capital stock; how treated.

8-357 - Definitions, sections found.

8-358 - Association, defined.

8-359 - Department, defined.

8-360 - Capital accounts, defined.

8-361 - Certificate of approval, defined.

8-362 - Director, defined.

8-363 - Existing mutual association, defined.

8-364 - Foreign association, defined.

8-365 - Net worth of a stock association, defined.

8-366 - Capital stock, defined.

8-367 - Savings deposit, defined.

8-368 - Stockholder, defined.

8-369 - Withdrawable account, defined.

8-370 - Withdrawal value, defined.

8-371 - Capital stock association; organization; prerequisites.

8-372 - Capital stock association; application; contents.

8-373 - Capital stock association; articles of incorporation; application; file information with department; examination fee.

8-374 - Department; hearing on application; notice; purpose.

8-375 - Department; issue certificate of approval; when.

8-376 - Capital stock association; transaction of business; conditions.

8-377 - Payment to person selling stock prohibited; exception.

8-378 - Mutual association; conversion to capital stock association; authorized; plan of conversion; approval required.

8-379 - Mutual association; conversion to capital stock association; plan of conversion; approval of members or stockholders; procedure.

8-380 - Conversion; plan of conversion; requirements.

8-381 - Mutual association; conversion; certificate of conversion; issuance; when effective.

8-382 - Mutual association; conversion; effect.

8-383 - State associations; consolidation or merger; procedure; proposed plan; approval; department; powers.

8-384 - Sections, how construed.

8-405 - Transferred to section 8-403.01.

8-451 - Transferred to section 8-410.02.

8-501 - Limitation of liability by contract; lease agreement; limitation of amount; assumption of risk; limitation of use; burden of proof.

8-502 - Liability; determination of applicable law.

8-601 - Director of Banking and Finance; employees; financial institutions; levy of assessment authorized.

8-602 - Department of Banking and Finance; services; schedule of fees.

8-603 - Assessments, fees, and money collected by Director of Banking and Finance; use.

8-604 - Financial Institution Assessment Cash Fund; created; use; investment.

8-605 - Director of Banking and Finance; assessment; proration; special assessment.

8-606 - Department of Banking and Finance; costs of examination of financial institution or entity; billing; travel costs.

8-607 - Failure to pay assessment, fee, or cost; Department of Banking and Finance; collection procedures; suspension or revocation of charter or license.

8-701 - Banking institution; definition.

8-702 - Banking institutions; maintain membership in Federal Deposit Insurance Corporation; exception; automatic forfeiture of charter; prohibited acts; penalty.

8-703 - Insolvent banks; appointment of Federal Deposit Insurance Corporation as receiver or liquidator.

8-704 - Insolvent banks; Federal Deposit Insurance Corporation subrogated to depositors' rights.

8-705 - Examinations, reports of other examiners; Director of Banking and Finance may accept.

8-706 - Examinations, reports of Director of Banking and Finance; may be furnished to other examiners.

8-707 - Insolvent banks; loans from Federal Deposit Insurance Corporation; security; sale of assets to corporation; conditions.

8-708 - Insolvent bank; Federal Deposit Insurance Corporation as receiver or liquidator; title to property.

8-709 - Insolvent bank; Federal Deposit Insurance Corporation as receiver or liquidator; enforcement of stockholders' liability.

8-710 - Transferred to section 8-116.01.

8-711 - Banks, trust companies, insurance companies; loans under National Housing Act; authority to make.

8-712 - Banks, trust companies, insurance companies, fiduciaries; investments in National Housing Act securities; authority to make.

8-713 - Investments in National Housing Act securities; general laws not applicable.

8-714 - Federal Home Loan Bank; members authorized.

8-715 - Federal Home Loan Bank members; powers.

8-716 - Federal Home Loan Bank members; tax exemption prohibited.

8-815 - Terms, defined.

8-817 - Transferred to section 45-115.

8-818 - Personal loans; rate of interest allowed.

8-820 - Personal loans; credit cards; interest; service fee; fee in lieu of interest.

8-820.01 - Bank credit cards; federal most-favored-lender doctrine; public policy declaration.

8-821 - Personal loans; additional charges.

8-822 - Personal loans; method of computation; prepayment; rebates; delinquency charges.

8-823 - Personal loans; when repayable; exception; confession of judgment, power of attorney, and agreements; prohibited.

8-826 - Personal loans; duties of department.

8-828 - Personal loans; bank; purchasing and discounting commercial, negotiable, or installment paper.

8-829 - Violations; penalty.

8-905 - Transferred to section 8-1512.

8-906 - Transferred to section 8-1513.

8-907 - Transferred to section 8-1514.

8-908 - Act, how cited.

8-909 - Terms, defined.

8-910 - Unlawful acts; authorized ownership or control of banks; limitation.

8-911 - Out-of-state bank holding company; acquisition of banks; conditions.

8-912 - Ownership, acquisition, or control of subsidiary in foreign state; when.

8-913 - Bank holding company; registration required; when.

8-914 - Reports required.

8-915 - Examinations; costs; reports in lieu of examination; director; powers.

8-916 - Bank subsidiary; powers; depository institution; limitations; agency relationship; limitations.

8-917 - Rules and regulations.

8-918 - Unsafe or unauthorized activities; powers of department.

8-1015 - Transferred to section 8-1001.01.

8-1101 - Terms, defined.

8-1101.01 - Federal rules and regulations; fair practice or ethical rules or standards; defined.

8-1102 - Fraudulent and other prohibited practices.

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;...

8-1104 - Registration of securities; exceptions.

8-1106 - Registration by coordination.

8-1107 - Registration by qualification.

8-1108 - Registration of securities; requirements; fees; effective date; reports; director, powers.

8-1108.01 - Securities; sale without registration; cease and desist order; fine; lien; hearing.

8-1108.02 - Federal covered security; filing; director; powers; sales; requirements; fees; consent to service of process.

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.

8-1109 - Registration of securities; denial, suspension, or revocation; grounds.

8-1109.01 - Registration of securities; denial, suspension, or revocation; additional grounds.

8-1109.02 - Registration of securities; order of denial, suspension, or revocation; notice; request for hearing; modification of order.

8-1110 - Securities exempt from registration.

8-1111 - Transactions exempt from registration.

8-1112 - Registrant; subject to personal jurisdiction.

8-1113 - False or misleading filings; unlawful.

8-1114 - Unlawful representation concerning merits of registration or exemption.

8-1115 - Investigations; subpoena; director; powers.

8-1115.01 - Investigation or other proceeding; prohibited acts.

8-1116 - Violations; injunction; receiver; appointment; additional court orders authorized.

8-1117 - Violations; penalty.

8-1118 - Violations; damages; statute of limitations.

8-1119 - Appeal; procedure.

8-1120 - Administration of act; Director of Banking and Finance; powers and duties; use of information for personal benefit prohibited; Securities Act Cash Fund; created; use; investment; transfers; document filed, when.

8-1121 - Exemption or exception; burden of proof.

8-1122 - Act; how construed.

8-1122.01 - Federal limits rejected.

8-1123 - Act, how cited.

8-1301 - Terms, defined.

8-1302 - Deposit in a clearing corporation; procedure; rules and regulations; applicability.

8-1303 - Deposit of United States Government securities with a federal reserve bank; procedure; rules and regulations; applicability.

8-1401 - Disclosure of confidential records or information; court order; not applicable, when; immunity.

8-1402 - Provide records or information; costs.

8-1403 - Terms, defined.

8-1404 - Death of decedent; information regarding financial or property interests; furnished; to whom; affidavit; contents; immunity from liability; applicability of section.

8-1501 - Terms, defined.

8-1502 - Acquisition; notice required; exception; Director of Banking and Finance; duties.

8-1503 - Acquisition; hearing; when required; procedure.

8-1504 - Acquisition; notice; contents.

8-1505 - Acquisition; disapproval; grounds.

8-1506 - Failing financial institution; Director of Banking and Finance; powers; hearing; order; appeal.

8-1506.01 - Financial institution, defined.

8-1507 - Cross-industry acquisition; acquisition and operation as bank subsidiary; when authorized.

8-1508 - Application by bank or bank holding company; terms and conditions.

8-1509 - Acquisition by bank holding company; prohibited; exceptions.

8-1510 - Cross-industry acquisition or merger; application; notice; hearing.

8-1511 - Terms, defined.

8-1512 - Bank or thrift institution; acquire credit card bank; conditions; sections, how construed.

8-1513 - Application; contents; approval; considerations; director; powers and duties.

8-1516 - Bank; purchase or merger; financial institution; cross-industry merger or acquisition; when.

8-1601 - Terms, defined.

8-1602 - Formation of bankers bank; requirements.

8-1603 - Provisions applicable.

8-1604 - Repurchase of capital stock; limitation.

8-1605 - Acquisition of stock; limitation.

8-1701 - Code, how cited.

8-1702 - Definitions, sections found.

8-1703 - Board of trade, defined.

8-1704 - CFTC rule, defined.

8-1705 - Commodity, defined.

8-1706 - Commodity contract, defined.

8-1707 - Commodity Exchange Act, defined.

8-1708 - Commodity Futures Trading Commission, defined.

8-1709 - Commodity merchant, defined.

8-1710 - Commodity option, defined.

8-1711 - Director, defined.

8-1712 - Financial institution, defined.

8-1713 - Offer, defined.

8-1714 - Person, defined.

8-1715 - Precious metal, defined.

8-1716 - Sale or sell, defined.

8-1717 - Sale or purchase of commodity; prohibited; exception.

8-1717.01 - Failure to make physical delivery; defense.

8-1718 - Transactions; authorized purchaser or seller.

8-1719 - Transaction; accounts or contracts authorized; director; adopt rules and regulations.

8-1720 - Commodity merchant; board of trade; requirements.

8-1721 - Prohibited acts.

8-1721.01 - Cause of action under commodity contract authorized; exception; statute of limitations; waiver of compliance with code; void.

8-1722 - Liability; joint and several.

8-1723 - Securities Act of Nebraska; applicability of code.

8-1724 - Code, how construed.

8-1725 - Director; investigation; enforcement; powers.

8-1726 - Violations of code; director; powers.

8-1727 - Violations of code; civil remedies.

8-1728 - Violations of commodity code of foreign state; remedies.

8-1729 - Violations of code; criminal penalties; enforcement.

8-1730 - Code; administration; use of information for personal gain or benefit prohibited; public information; confidentiality; privilege.

8-1731 - Uniform application and interpretation of code; securities regulation and enforcement; governmental cooperation; authorized.

8-1732 - Director; adopt rules and regulations; standards.

8-1733 - Service of process.

8-1734 - Purchase, sale, or offer within state; laws applicable; exceptions.

8-1735 - Administrative proceeding; notice of intent; summary order; notice; hearing.

8-1736 - Appeal; procedure.

8-1737 - Exemption; burden of proof.

8-1901 - Terms, defined.

8-1902 - Name of financial institution; use of similar names unlawful; power of department.

8-1903 - Rules and regulations.

8-2001 - Terms, defined.

8-2002 - Sections; applicability.

8-2003 - Compliance review documents; confidentiality, exception; use in evidence.

8-2004 - Compliance review documents; confidentiality; held by governmental agency; effect.

8-2005 - Sections; how construed.

8-2101 - Act, how cited.

8-2102 - Terms, defined.

8-2103 - Nebraska state chartered bank; powers.

8-2104 - Out-of-state bank; powers; interstate merger transaction; notice; powers and duties.

8-2106 - Interstate merger transaction; when prohibited.

8-2107 - Director; powers and duties; costs.

8-2108 - Branch closing or disposal; act; how construed.

8-2202 - Transferred to section 30-3883.

8-2203 - Transferred to section 30-3884.

8-2204 - Transferred to section 30-3885.

8-2205 - Transferred to section 30-3886.

8-2209 - Transferred to section 30-3887.

8-2210 - Transferred to section 30-3888.

8-2211 - Transferred to section 30-3889.

8-2301 - Act, how cited.

8-2302 - Terms, defined.

8-2303 - Nebraska state-chartered trust company; out-of-state branch trust offices; authorized.

8-2304 - Nebraska state-chartered trust company; out-of-state representative trust offices; authorized.

8-2305 - Out-of-state trust company; instate branch trust offices; authorized.

8-2306 - Out-of-state trust company; instate branch trust offices; requirements; procedure.

8-2307 - Out-of-state trust company; instate branch trust offices; director; approval.

8-2308 - Out-of-state trust company with instate branch trust office; representative trust offices; authorized; when.

8-2309 - Out-of-state trust company with instate branch trust office; representative trust offices; requirements; procedure.

8-2310 - Out-of-state trust company without instate branch trust office; representative trust offices; authorized; when.

8-2311 - Out-of-state trust company without instate branch trust office; representative trust offices; requirements; procedure.

8-2312 - Branch trust office; representative trust office; director; powers.

8-2313 - Act, how construed.

8-2401 - Formation; conditions.

8-2402 - Charter; grant; when.

8-2403 - Provisions applicable.

8-2501 - Written solicitation; restrictions.

8-2502 - Written solicitation; restriction on use of loan information; exception.

8-2503 - Advertisement or written solicitation; comparison authorized.

8-2504 - Violation; cease and desist order; fine.

8-2505 - Financial institution, defined.

8-2601 - Act, how cited.

8-2602 - Terms, defined.

8-2603 - Security freeze; request.

8-2603.01 - Protected consumer; security freeze; request; creation of record for protected consumer; placement of freeze.

8-2604 - Consumer reporting agency; release of credit report or other information prohibited without authorization.

8-2605 - Consumer reporting agency; placement of security freeze; when; written confirmation to consumer.

8-2606 - Consumer reporting agency; disclose process of placing and temporarily lifting security freeze; consumer request to lift freeze; when.

8-2607 - Security freeze; duration; consumer reporting agency; place hold on file; release; notice; temporarily lift security freeze; removal of freeze; request from consumer.

8-2608 - Consumer reporting agency; mandatory removal of security freeze; conditions.

8-2608.01 - Protected consumer; security freeze; duration; consumer reporting agency; restrictions on release of information.

8-2608.02 - Protected consumer; removal of security freeze; request.

8-2608.03 - Protected consumer; remove security freeze; delete record of protected consumer; when.

8-2609 - Consumer reporting agency; power with respect to fees.

8-2609.01 - Protected consumer; consumer reporting agency; power with respect to fees.

8-2610 - Consumer reporting agency; changes to official information in file; written confirmation required; exceptions.

8-2611 - Consumer reporting agency; restrictions with respect to third parties; request by third party; how treated.

8-2612 - Consumer reporting agency; information furnished to governmental agency.

8-2613 - Act; use of credit report or information derived from file; applicability.

8-2614 - Entities not considered consumer reporting agencies; not required to place security freeze on file.

8-2614.01 - Protected consumer provisions; applicability.

8-2615 - Enforcement of act; Attorney General; powers and duties; violation; civil penalty; recovery of damages.

8-2701 - Act, how cited.

8-2702 - Definitions, where found.

8-2703 - Applicant, defined.

8-2704 - Authorized delegate, defined.

8-2705 - Breach of security of the system, defined.

8-2706 - Control, defined.

8-2707 - Controlling person, defined.

8-2708 - Department, defined.

8-2709 - Director, defined.

8-2710 - Electronic instrument, defined.

8-2711 - Executive officer, defined.

8-2712 - Key shareholder, defined.

8-2713 - Licensee, defined.

8-2714 - Material litigation, defined.

8-2715 - Monetary value, defined.

8-2716 - Money transmission, defined.

8-2717 - Nationwide Mortgage Licensing System and Registry, defined.

8-2718 - Outstanding payment instrument, defined.

8-2719 - Payment instrument, defined.

8-2720 - Permissible investments, defined.

8-2721 - Person, defined.

8-2722 - Remit, defined.

8-2723 - Stored value, defined.

8-2724 - Licensure requirement; applicability.

8-2725 - License required; license not transferable or assignable.

8-2726 - License; applicant; qualifications; requirements.

8-2727 - License applicant; surety bond; alternate security; duration.

8-2728 - Licensee; investments required; waiver.

8-2729 - License application; form; contents.

8-2730 - Licensee; license and registration through Nationwide Mortgage Licensing System and Registry; department; powers; director; reports; duties; department; duties.

8-2731 - Supervisory information sharing; information and material; how treated; applicability; director; powers.

8-2732 - Application fee; processing fee.

8-2733 - Application; director; duties; powers; onsite investigation; costs; denial of application; reasons; hearing.

8-2734 - License; renewal application; licensing fee; processing fee; report; contents.

8-2735 - Licensee; notice to director; when; report; contents.

8-2736 - Acquisition of control of licensee; notice to director; director; duties; powers; disapproval; grounds; notice; hearing.

8-2737 - Examination, investigation, inquiry request for information; procedure; director; powers; administrative fine; disposition; lien; charge.

8-2738 - Licensee; books, accounts, and records.

8-2739 - Licensee; authorized delegate; contract; contents.

8-2740 - Authorized delegate; duties.

8-2741 - License; suspension or revocation; grounds; director; powers and duties; hearing; surrender; cancellation; expiration.

8-2742 - Authorized delegate; suspension or revocation of designation; grounds; director; powers and duties; hearing; final order; application to modify or rescind.

8-2743 - Cease and desist order; notice; hearing; vacation or modification of order; when; judicial review; enforcement.

8-2744 - Violations; orders authorized.

8-2745 - Violations; penalties.

8-2746 - Rules and regulations.

8-2747 - Fees, charges, costs, and fines; disposition.

8-2801 - Real estate loan agreement, mortgage, deed of trust, security instrument; enforcement and servicing; local ordinance or resolution; limitation.

8-2901 - Terms, defined.

8-2902 - Legislative intent.

8-2903 - Financial exploitation of a vulnerable adult or senior adult; financial institution; authority to delay, refuse, or prevent certain activity; expiration; effect; immunity.

8-2904 - Act, how cited.

8-2905 - Terms, defined.

8-2906 - Financial exploitation; qualified person; notify agencies.

8-2907 - Financial exploitation; qualified person; notify third party; immunity.

8-2908 - Broker-dealer; investment adviser; delay transaction or disbursement; conditions; expiration; court order; immunity.

8-2909 - Broker-dealer; investment adviser; provide access to records; immunity.

8-3001 - Act, how cited.

8-3002 - Legislative findings and declarations.

8-3003 - Terms, defined.

8-3004 - Director; powers and duties.

8-3005 - Digital asset depository; powers; digital asset depository institution; organization; operating authority; demand deposits and loans; prohibited.

8-3006 - Digital asset depository institution; subject to other provisions of law.

8-3007 - Customers; criteria.

8-3008 - Digital asset depository account; disclosures to customer; requirements.

8-3009 - Digital asset depository; required liquid assets.

8-3010 - Digital asset depository; compliance with state and federal laws; required.

8-3011 - Digital asset depository; notice and statement regarding insurance and risk; customer; acknowledgment.

8-3012 - Digital asset depository institution; formation; articles of incorporation; contents; filing; capital requirements; bank holding company; powers.

8-3013 - Digital asset depository institution; capital and surplus requirements.

8-3014 - Financial institution; digital asset depository department; charter amendment; director; powers and duties.

8-3015 - Digital asset depository; act as; authority or charter to operate; required; application; fee.

8-3016 - Application for authority or charter; notice; hearing; director; department; powers and duties.

8-3017 - Application for charter or authority to operate; hearing; how conducted.

8-3018 - Application for charter or authority to operate; director; investigation and examination.

8-3019 - Application for charter or authority to operate; decision; criteria and requirements; approval; how effected.

8-3020 - Conditions to commence business; compliance required; failure to commence business; effect.

8-3021 - Appeal.

8-3022 - Surety bond; pledge of assets; requirements; treatment.

8-3023 - Reports; director; powers; examination by department; when; assessments and costs; insurance or bond required.

8-3024 - Digital asset business activities authorized.

8-3025 - Charter or authority; suspend or revoke; grounds.

8-3026 - Charter or authority; surrendered, suspended, or revoked; effect.

8-3027 - Failure, unsafe or unsound condition, or endangerment of customers' interests; director; conduct liquidation or appoint receiver.

8-3028 - Voluntary dissolution; procedure.

8-3029 - Reports; failure to submit as prescribed; fee.

8-3030 - Digital asset depository; officer, director, employee, or agent; removal; grounds.

8-3031 - Orders; rules and regulations.

8-3101 - Act, how cited.

8-3102 - Terms, defined.

8-3103 - Contract, security, or instrument; recommended benchmark replacement; how determined; act; effect; applicability.

8-3104 - Recommended benchmark replacement; selection or use; effects; treatment; not subject to liability or certain claims.