Neb. Rev. Stat. § 8-2703 — NE Code / Chapter 8 / Section 8-2703
View Statute 8-2703
Status: in_force

The Nebraska Money Transmitters Act does not apply to:

(1) An operator of a payment system to the extent that such operator provides processing, clearing, or settlement services, between or among persons exempted from the Nebraska Money Transmitters Act under this section or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers, or similar funds transfers;

(2) A person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission, provided to the payor by the payee, provided that:

(a) There exists a written agreement between the payee and the agent directing the agent to collect and process payments from payors on the behalf of the payee;

(b) The payee holds the agent out to the public as accepting payments for goods or services on the behalf of the payee; and

(c) Payment for the goods or services is treated as received by the payee upon receipt by the agent so that the payor's obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee;

(3) A person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient, provided that the entity:

(a) Is properly licensed or exempt from licensing requirements of the Nebraska Money Transmitters Act;

(b) Provides a receipt, electronic record, or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and

(c) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the designated recipient of the sender;

(4) The United States or any department, agency, or instrumentality thereof or any agent of the United States or any department, agency, or instrumentality thereof;

(5) Money transmission by the United States Postal Service or by an agent of the United States Postal Service;

(6) A state, county, or city or any governmental agency, political subdivision, or instrumentality of a state, or any agent of a state, county, or city or any governmental agency, political subdivision, or instrumentality of a state;

(7) A federally insured depository financial institution, bank holding company, office of an international banking corporation, foreign bank that establishes a federal branch pursuant to the International Banking Act of 1978, corporation organized pursuant to the Bank Service Company Act, or corporation organized under the Edge Act;

(8) Electronic funds transfer of governmental benefits for a federal, state, county, or other governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality thereof, or on behalf of a state, county, or other governmental subdivision, agency, or instrumentality thereof;

(9) A board of trade designated as a contract market under the Commodity Exchange Act or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of such person's operation as or for such a board;

(10) A person registered as a futures commission merchant under the federal commodities laws to the extent of such person's operation as a merchant;

(11) A person registered as a securities broker-dealer under federal or state securities laws to the extent of such person's operation as a broker-dealer;

(12) An individual employed by a licensee, authorized delegate, or any person exempted from the licensing requirements of the Nebraska Money Transmitters Act when acting within the scope of employment, under the supervision of the licensee, authorized delegate, or exempted person, as an employee and not as an independent contractor;

(13) A person expressly appointed as a third-party service provider to or agent of an entity exempt under subdivision (7) of this section, solely to the extent that:

(a) Such service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and

(b) The exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent;

(14) A person, firm, corporation, or association licensed in this state and acting within this state within the scope of a license:

(a) As a collection agency pursuant to the Collection Agency Act;

(b) As a credit services organization pursuant to the Credit Services Organization Act; or

(c) To engage in the debt management business pursuant to sections 69-1201 to 69-1217 ;

(15) A charter issued under the Nebraska Financial Innovation Act; and

(16) A person exempt by regulation or order if the director finds such exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of the Nebraska Money Transmitters Act.

Laws 2013, LB616, § 3;

Laws 2025, LB474, § 8.

Collection Agency Act, see section 45-601 .

Credit Services Organization Act, see section 45-801 .

Nebraska Financial Innovation Act, see section 8-3001 .